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Amendment No.3 The Catering and Concessions Services Agreement with Service America Corporation D/B/A Centerplate DocuSign Envelope ID:276B6F91-E887-444C-8638-C122408023C0 2_0 2$Z _ 3 1 33j • 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 July 14, 2021 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, as of the Effective Date, Concessionaire has expended $545,480.05 of the $550,000.00 permitted Additional Investment Expenditures for the Convention Center,referenced • in Section 4.2(a) of the Agreement, as evidenced from Concessionaire's letter, dated June 17, • 1 DocuSign Envelope ID:276B6F91-E887-444C-8638-C122408023C0 2021, incorporated herein by reference and attached hereto as Exhibit "1", leaving $4,519.95 available for expenditure,which, if expended,will be amortized by September 30, 2022; and WHEREAS,Concessionaire as of May 31,2021 has fully amortized$421,230.70 the total expended Additional Investment Expenditures for the Convention Center, , leaving $124,249.35 to be amortized through September 30, 2022 as evidenced from Exhibit"1"attached hereto; and 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 May 12, 2021, the Mayor and City Commission adopted Resolution No. 2021-31707, accepting the written recommendation of the Finance and Economic Resiliency Committee, and waiving 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, by 6/7th vote, 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 DocuSign Envelope ID:276B6F91-E887-444C-8638-C122408023C0 2. Unless otherwise expressly stated herein, all capitalized terms shall have the respective meanings ascribed in the Agreement. I I 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, 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 3 DocuSign Envelope ID:276B6F91-E887-444C-8638-C122408023C0 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". • 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 fFood and i3Beverage predu6t 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 Gatering-and-feed-and beverage sServices 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. 4 • DocuSign Envelope ID:276B6F91-E887-444C-8638-C122408023C0 THE CITY RESERVES THE RIGHT TO EXERCISE ANY AND ALL OTHER REMEDIES AVAILABLE AT LAW OR IN EQUITY. 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$550,000 ("Additional Investment")toward food service capital projects for the Convention Center ("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$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. uol 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 of the Additional Investment Expenditures for the Convention Center shall be amortized on or before September 30, 2022. All of the Additional Investment Expenditures for the Clubhouse Buildings 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. (b) 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 5 DocuSign Envelope ID:276B6F91-E887-444C-8638-C122408023C0 • shall receive eighty-three percent(83%)of the monthly Net Operating Profit,plus applicable sales tax,and Centerplate shall receive seventeen percent(17%l of the monthly Net Operating Profit. The monthly Net Operating Profit payments shall be payable within fifteen(15)days from the end 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(f)(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". 6 DocuSign Envelope ID:276B6F91-E887-444C-8638-C122408023C0 ILII{ 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 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 Facility7; shall, subject to Section 9.5, 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 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 object 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 o-reduced-fey), 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. 7 DocuSign Envelope ID:276B6F91-E887-444C-8638-C122408023C0 II 21. Section 10.6 (Force Majeure) is hereby deleted in its entirety and replaced with the following: 10.6 Force Majeure. I I (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 Aqreement 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 reqard to the notice requirements herein. Additionally, in the event that an event of Force Maieure delays a party's performance under the Agreement for a time period greater than thirty(30)days,the City may, at 8 DocuSign Envelope ID:276B6F91-E887-444C-8638-C122408023C0 • the sole discretion of the City Manager,terminate the Agreement on a given date,by giving written 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. Lal 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. Lel 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', Liu 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. REQUEST FOR RECORDS; NONCOMPLIANCE. 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 notes 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. ii 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) 9 DocuSign Envelope ID:276B6F91-E887-444C-8638-C122408023C0 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. Ofl If Concessionaire fails to provide the public records to the City within a reasonable time may be subject to penalties under s. 119.10. (e) CIVIL ACTION. 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. ii 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. 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. j_}f 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: RAFAELGRANADOMIAI� ( IIBEACHFL.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 10 DocuSign Envelope ID:276B6F91-E887-444C-8638-C122408023C0 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". The prim 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. (a) 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. .(t) 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. 11 DocuSign Envelope ID:276B6F91-E887-444C-8638-C122408023C0 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: (i 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 ii 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. j In connection with the performance of the Services, Concessionaire shall not exclude from participation in, deny the benefits of, or subiect 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:276B6F91-E887-444C-8638-012240802300 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:276B6F91-E887-444C-8638-C122408023C0 (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. (b) Termination Rights. 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. fia 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. (c) 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. (d) 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:276B6F91-E887-444C-8638-C122408023C0 (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. La Concessionaire is liable for any additional costs incurred by the City as a result of the termination of this Agreement under this section. 29. 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:276B6F91-E887-444C-8638-C122408023C0 t ! • 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 • —DocuSigned by: • rafALL do By: 'Riyarttitgadb,City Clerk Dan Gelber, Mayor Date:7/14/2021 I 4:36 EDT • •ATTEST: SERVICE AMERICA CORPORATION d/b/a CENTERPLATE •• / • By: Name: Name: Hadi Monavar Title: Title: EVP & CFO IMre have the authority to bind the corporation Date: APPROVED AS TO FORM u LANGUAGE 16t YECUT!ON 0 O// (.:ilyaa,,, DocuSign Envelope ID:276B6F91-E887-444C-8638-C122408023C0 I JI It i EXHIBIT "1" I I • I j 17 • DocuSign Envelope ID:276B6F91-E887-444C-8638-C122408023C0 ) I , I , Centerp[ate •June 17,2021 M. Heather Shaw Assistant Director of Tourism&Culture • City of Miami Beach 1755 Meridian Ave Miami Beach, FL 33139 • Re: Catering and Concessions Services Agreement,dated June 5,2013(as amended through the date hereof, the "Agreement") between The City of Miami Beach, Florida (the "City") and Service America Corporation d/b/a Centerplate ("Centerplate"). Dear M.Heather Shaw: Per your request, as of May 31, 2021, Centerplate's.total aggregate investment • expenditures for the Additional Capital Investment as per Section 4.2 of the Agreement is$545,480.05. Please refer to Exhibit A,attached hereto,for such investment detail. If you have any questions,please feel free to contact us at your convenience. • Sincerely, G«u (%4.42/2 . Hadi Monavar Sal Ferrulo Executive Vice President&CFO Executive Vice President Hadi.Monav,:,q center late.can Sal.Ferrulo@centerplate.corn 203.82•.' 4 . ?xa onnei" Sent r Vice President Doug s.Conner@centerplate.com • ONE LANDMARK SQUARE,187T1 FLOOR,STAMFORD.CT 06901 EXHIBIT "1" DocuSign Envelope ID:276B6F91-E887-444C-8638-C122408023C0 Exhibit A (next page) DocuSign Envelope ID:276B6F91-E887-444C-8638-C122408023C0 W-7., p 9.,, ,: d-11' a0 °'°" iilf 1,-;`,10,' , /, . ,1Z ' ,0 A�,�� {n : 0404.,!/ ' 7/ n 1 .3'.N✓ ay .:m�. � . . JfJ Date Description Cost Accumulative Net Book Basis Depreciation Value Jun-16 TIMECLOCK: GT400 HANDPUNCH 2,273.75 2,273.75 - Aug-16 PROJECT MGT 2016-08 TA 130.00 130.00 - Sep-16 PROJECT MANAGEMENT 585.00 585.00 - Sep-16 DESIGN SVCS:CARL FISHER CLIJBHS 910.00 910,00 - Nov-16 FLATWARE/CUPS S.SAUCERS 15,605.90 15,605.90 - Nov-16 MATIZ DEMITASSE SPOONS 2,092.08 2,092.08 - Nov-16 PROJECT MGT 2016-10 455,00 455.00 - Nov-16 RAMEKINS/BOWLS,ASSTD SIZES 7,315.69 7,315.69 - Nov-16 DESIGN SERVICES: CARL.FISHER 1,152,50 1,152.50 - May-17 MIXER:FLOOR MODEL W/30 QT BOWL 4,215.80 4,215.80 - May-17 SHELVING 8,859.27 8,859.27 - May-17 SMARTCARTS: 75 IN,75 LB CAP 4,764.98 4,764.98 - May-17 CAN RACKS: FULL SIZED 1,377.33 1,377.33 - May-17 GRIDDLE: COUNTERTOP,GAS 1,528.88 1,528.88 - May-17 FLOOR MATS 743.59 743.59 - May-17 CUSTOM COFFEE CART COVERS 4,452.70 4,452.70 - May-17 CASH ROOM STORAGE CABINETS 1,262.17 1,262.17 - May-17 MICROS STORAGE CABINETS 1,230.33 1,230.33 Aug-17 SLICER: AUTOMATIC,2-SPEED 5,228.02 5,228.02 - Oct-17 LINDERCOUNTER REFRIGERATORS 16,587.88 ' 16,587.88 - Nov-17 BLENDERS 1,670.29 1,670.29 - Nov-17 MARMITE SOUP CHAFERS 886.78 886.78 - Nov-17 MILK CANS: 5 OZ,S/S 2,089,03 2,089.03 - Nov-17 ARCTIC DISHES; 3 02,CLEAR 634.30 634.30 - Nov-17 FRY PANS,S/S 2,028.70 2,028.70 - Nov-17 FLUTE GLASSES 1,907.09 1,907.09 - Nov-17 GLASS RACKS 777.75 777.75 - Nov-17 BANQUET GOBLETS: 10.5 OZ 4,010.42 4,010.42 - Jan-18 HIGH LINKING HEAT SOURCE/PANS 2,561.49 2,561.49 - Jan-18 LAT 5480 BTX: DWX6MH2 1,000.80 1,000.80 - Jan-18 LAT 5480 BTX: 9218MH2 1,000.81 1,000.81 - Apr-18 MONITORS 290.73 290.73 - Oct-18 FOOD PANS W/LIDS 1,487.79 1,487.79 - Oct-18 SMALLWARES,ASSORTED 22,661.75 22,661.75 - Oct-18 KNIVES: BREAD,SANDWICH, ROAST 250.18 250.18 - Oct-18 CUTTING BOARDS 227.59 227.59 - Oct-18 SPOONS/TONGS/TURNERS 637.83 637.83 - Oct-18 SPOONS/TONGS/TURNERS/CUT t3RDS 452.26 452.26 - Oct-18 THERMOMETERS 450.96 450.96 - Oct-18 COUNTERTOP WARMERS 1,423.97 1,423.97 - Oct-18 VACUUM PACK MACHINE 1,454.34 1,454.34 - Oct-18 ICE SCOOPS/TRAvs/R15ERS 2,281.02 2,281.02 - Oct-18 SPOONS W/ERGO GRIP 283.43 283.43 - Oct-18 SLICER KNIVES 610.17 610.17 - Nov-18 ADAPTER BARS 58.99 58.99 - Nov-18 FLOOR SCRUBBER 2,491.01 2,491.01 - Nov-18 DISH BOXES: 7 IN, BLACK 692.02 692.02 - Nov-18 PLATES/RAMEKINS/CREAMERS/CUPS 13,727.03 13,727.03 - Dec-18 BUS TUB COVERS 3,355.40 3,355.40 - ;I Dec-113 UNDERCOUNTER REFRIGERATORS 26,816.98 26,816.98 - Dec-18 OPEN-AIR MERCHANDISERS 27,344.08 27,344.08 - Dec-18 IPAD MINI CARD READERS FOR POS 1,331.69 1,331.69 - i Confidential 6/17/2021 Page 1 DocuSign Envelope ID:276B6F91-E887-444C-8638-C122408023C0 {{� i I ! Date Description Cost Accumulative Net Book Basis Depreciation Value Dec-18 IPAD MINIS FOR POS 5,835.48 5,835.48 - Dec-18 PROJECT MANAGEMENT 504.00 504.00 - Jan-19 POS EQUIPMENT/SOFTWARE 5,068.98 5,068.98 - Jan-19 PROJECT MANAGEMENT 1,449.00 1,449.00 - Sep-19 EDIK1O FLEX PRINTER 1,663.14 1,663.14 - Sep-19 CANOPY BI-ACK 2,113.85 2,113.85 - Dec-19 PROJECT MANAGEMENT 333.00 333.00 - Dec-I9 PROJECT MANAGEMENT 518.00 518.00 • Dec-19 STANCHIONS W/RETRACTABLE BELT 2,902.25 2,902.25 - Dec-19 CARTS 1,689.91 1,689.91 - Dec-19 SERVER RACK CABINET 705.12 705.12 • Jan-20 APC NETWORK MGT CARDS 849.11 849.11 - Jan-20 APC SMART-UPS 1500VA 1,901.16 1,901.16 - Jan-20 POS SYSTM UPGRADE 117,840.41 60,705.66 57,134.75 Jan-20 PROJECT MANAGEMENT 2,658.00 1,369.28 1,288.72 Jan-20 PROJECT MANAGEMENT 1,757.00 1,757.00 - Jan-20 SERVERS AND RACK 15,820.32 15,820.32 - Feb-20 USB CABLES 2M 1,926.40 1,926.00 - Mar-20 RACKS: 9-PAN 2,906.25 2,906.25 - Apr-20 COMPUTER MEMORY UPGRADE 966.68 966.68 - May-17 ELTTEBOOK 840: 5CG6388MB9 1,074.17 1,074.17 - May-17 ELTTEBOOK 840: 5CG63889KR 1,074.17 1,074.17 - May-17 ELITEBOOK 840: 5CG7164YFW 1,074.17 1,074.17 - Jul-17 PROJECT MANAGEMENT 112.00 112.00 - Dec-18 ASSET-RETIRED Tax 6.89 6.89 - Aug-18 MONITOR 146.04 146.04 - Sep-18 LAT 5490 BTX: 5TP4PQ2 1,027.20 1,027.20 - Oct-18 PROJECT MANAGEMENT 58.00 58.00 - Apr-19 LAT 5490 BTX: OPTBBS2 1,403.53 1,403.53 - May-19 PROJECT MANAGEMENT 64.00 64.00 - Apr-18 POS EQUIPMENT 35,728.40 35,728.40 - Aug-18 FREEDOMPAY CRED CARD MACHS 24,358.48 24,358.48 - Sep-19 KEYBOARD/MOUSE:A BRAILSFORD 39.59 39.59 - Sep-19 LAT 5490 CTO:JU28Y2 1,034.69 1,034.69 - Sep-19 RICOH EQUIPMENT E236C600324 8,550.56 8,550.56 - Oct-19 LAT 5490 CTO: 33YF6Y2 1,034.69 1,034.69 - Oct-19 OPTI 7460 AIO XCTO: 56LD4Z2 898.80 898.80 - Oct-19 OM 7460 ATO XCTO: 56KD4Z2 698.80 898.80 - Oct-19 LAT 5490 CTO: 84YF6Y2 1,034.70 1,034.70 - Oct-19 LAT 5490 CTO: G3YFOY2. 1,034.69 1,034.69 - Oct-19 LAT 5490 CTO: 6WCM7Y2 1,034.68 1,034.68 - Oct-19 PROJECT MANAGEMENT 57.00 57.00 - Nov-19 PROJECT MANAGEMENT 384.00 384.00 - Nov-19 NETWORK SWITCHES/RACK MOUNTS 1,021.76 1,021.76 - I Nov-19 TRIPP UTE CABINET/CABLE MANGR 156.92 156.92 - Dec-19 PROJECT MANAGEMENT 273.00 273.00 - Dec-19 FIREWALL RENEWAL/UPGRADE 2,157.82 2,157.82 - Jan-20 TANDEM SWITCH TRAY 233.19 127.21 105.98 Jan-20 COMPUTER EQUIPMENT FREIGHT 464.70 253.46 211.24 Oct-18 BOWLS/FORKS/SPOONS* 234.86 234.86 - Oct-18 FLUTE GLASSES* 59.53 59.53 - Oct-18 POS EQUIPMENT* 37.92 37.92 - Confidential 6/17/2021 Page 2 i DocuSign Envelope ID:276B6F91-E887.444C-8638-C122408023C0 r,r^ �P'W t1/� ° 3�i. Y' ' Ylrt k. C f d F;,r..„,,,,,,,yr y�` �'T`' ,,. Date Description Cost Accumulative Not Book Basis Depreciation Value Oct-18 PLATES/BOWLS/TRAYS/ETC" 487.65 487.65 - I OCt-18 TRAYS. 16X12* 35.25 35.25 - Oct-18 FIREWALL:WATCHGUARD XTM525* 175.46 175.46 - Jun-20 POS PROJECT MANAGEMENT 15,059.46 15,059.46 - Jun-20 PROFESSIONAL FEES 187.50 187.50 - Feb-21 DRAWINGS FOR PERMITTING 909.50 181.91 727.59 [1] Total-as off 5/31/2021 4130,690.98 421,230.70 59,468.28_ [2lffle +fit Aiingl'.i21 ... ' Jun-21 ROSS SYSTER NCR for MBCC 14,158.54 - 14,158.54 Jun-21 PALLET JACK RIDE on WAREHOUSE EQUIP 16,938.87 - 16,938.87 Jun-21 ULINE CROWD CONTROL+EQUIPFSAFETf LADDER 12,844.42 - 12,846.42 ' Jun-21 FLATBED CUSHMAN GOLF CART 13,837.24 - 13,837.24 Jun-21 COMPUTER REPLACEMENT 3) 7,000.00 - 7 000.00 Notes: [1]Based on system of record es of S/31/2021 [2]Assets purchased as of June 2021,amortized aver the remainder of the current agreement ending Confidential 6/17/2021 Page 3 I DocuSign Envelope ID:276B6F91-E887-444C-8638-C122408023C0 EXHIBIT"2" Clubhouse Buildings Site Plan o`4 Qi -2 'd� U j °o t /j"'' Jt m rr;., �,. 1 •cr,,�; a t o a .�4 \• Zo i i i i," } -•• d Pe'`\ M-t' 1 44'\x, i• ,,.t'' ,y ''�"'-.' `,2 `�, a `�• ;. ^ 'fit j35'.. � !- 1•� • ro S 3'• '+�ty..,r 4 /^ . <o .t- ',, ,.5:..X.,,,,. %,/fie ,.....\-\—*,„, �'`\ % - \.Y, 5! 'tet. �. +• ` �� ',5„\ '' \„,;c,,,t\N„....,...,A,‘..g.",:,:: - .4 ‘e:N ;'''''' .\ � � •� s \ \\„,./.N b :.�y , ,: F G �\ , 1, 1 '''''' \''' F xn.,',<\\''''. .s•-'‘N, c-`:-'\\\,\''M'\.„\<\. .,.'4/4..110.' -, Iti.i ' \.? -X, '-. .... -\.,-\\\ ::- •-•-\ \,..\ \., , . \..s. ;.4.,„ .„ \ O Il; %1 \ ' \, \.".' . • 19 DocuSign Envelope ID:276B6F91-E887-444C-8638-C122408023C0 • { 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: n Carl Fisher Clubhouse Hours of Operation. Weekend Brunch Sunday 10 AM to 4PM ET 20 DocuSign Envelope ID:276B6F91-E887-444C-8638-C122408023C0 I � Open Seasonally as Rum Room overflow when needed 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. • • 2t DocuSign Envelope ID:276B6F91-E887-444C-8638-C122408023C0 EXHIBIT"3-1" CLUBHOUSE ANNEX MENU .1114 •Vprfj, .C5 i t • 4 1,41.1,ix ,• in '1 GRILLED TOMATO BREAD(v) 8 7 Grtited Spanish bread.crushed totnacoes,roasted nook% HAM CROOUETAS 8rt.:toded and fried ham CrusWettes.ferTIOri Stott extra vir9in nr;ive otl,Spanish 50.3 54lit SERRANO HAM + MANCHEGO POTATO CROQUETAS oo 7 • CHEESE PLATE 14 Breaded ar.ci fried tpit,cro011etto.s.saffon i011 :M1r1y Span,sh oihtte pork aged IS months,stic,ed — f0.1050 manctiego.Marcoria almonds.ntembrttio paste, t..::;rnento sttif fed olives.flatbread crackers CHORIZO TOAST 9 Sneed cht)ttze.saLtsagt.;ova bean pestobeurre .tic drizzle.aaprikn • CHORIZO * CALABRESE CHEESE PLATE 14 t,,ltced chwizo sausage,aueso catabrese.Valencia orange CHURROS CON CHOCOLATE S mannaCads..nit:Wed poppets.(tsp.Spapish bread toast pants Traditional ft ion dough.thocoiate sauce.dice:to leche SHISHITO PEPPERS (V.Or) 9 BlisCereo shisti-At)PV0Pet3,fOrtle5:-.0 sauce.taast&J pine nuts,shave::rnanchopt3 ch5050 22 • i DocuSign Envelope ID:276B6F91-E887-444C-8638-C122408023C0 .1�Ga 'i ;, ri ;� )� «, i`•` tire. " r✓� -r i `r • •' ffff ,3..` '_ ✓ ' ;•; I � • i S , AGRICOLE RHUM COOLER PINEAPPLE COCONUT SPRITZ WI to Rhum Agricole,guava nectar,lane juice,simpie Cave,pineapple iu,ce.coconut water,simple syrul) syrup,club soda,Ar eshrra hitters CLEMENTINE CORDIAL CLASSIC MOJITO Cava,Litlet,Dr Curacao,;anion juice,ciemanbne pier?. White rim.muddled fresh mint.lime Juice.simple syrup. Honey syrup,orange bitters club soda ROSE NEGRO PASSION COCONUT CREAM Vodka,cava rose.blackberry preserves,(never lemon juice Dark rum.cream or Coconut,passion fruit nectar, orango juice SMOKED BURRO Mezcar,guinatruna!u!cv,lime iulce,ging?!beer THE BITTERSWEET Dark rum,lane force,fafernum,teapot bitters .'+'Jfr';�C.q':•.is/0'C'ocuos/e.Sl)r;. .Oar'+,v,rr..'J^:::>.. 51..%ns/c(6- k;:'.r:+(.^..... .!rr:vov',i/,,Jiri.l:c...';,I;r3r,iY II it 23 DocuSign Envelope ID:276B6F91-E887-444C-8638-C122408023C0 • `j" '•.. i 414i 7+y )(4 J ,(` � �✓,i...o' '?1 I. • MIAMI CLUB RUM MIAMLFI. DON OFUER roRICO BIG CYPRESS DISTILLERY M �Mc FL FLOR DE CANA RUM NICARAGUA SOUTH FLORIDA DISTILLERS M:AMI,NL. CANA BRAVA PANAMA KW LEGAL RUM CHEF DISTILLED KEY WESY.FL COCONUT CARTEL RUM GUATEMALA KEY WEST DISTILLERY KEYWfiST,FL. RHUM CLEMENTMAR1'INIOUC 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 FI MOUNT GAY BARBADOS DOVE TALE RUM PUERTO RICO RON DOS MADERAS ARAGON,SPAIN .::'9yc<'"CY'.1.,l<,,::k(.r•:;.Sz,r'!'.Jett: U:'i<x.^.C'_' '' v:!t'(') • i I 24 DocuSign Envelope ID:276B6F91-E887-444C-8638-C122408023C0 i I1 r it01051.•-z, •:•.4,,,....,:•-,••;,... -,,,--,,,,-,.., ;-•...-•.:i• -....7*.,..-r,;-,-:.--,-•-•-•...,- � � .�8¢r�v /�yy"''.,�'`� i .!,4 '� v Y- - 's-AY xt vy 1' i hr�.0 l., *.f 0 /", , 1�� e .y �r ,Jt;` tsJ qv�t f +ig r' ; �E fig 3�r1 .I I 4.f NIT DEL FOC BRUT NATUP'E,CAVA,UTIEL.•RE&ULNA 00,SPAIN NV QUINTA DE COUSELO TURONIA ALHARINO,RIAS 0AIXAS.SPAIN 2015 VIDAL SOBLECHEPO VINO CLAVIGOR ORGANIC VERDEJO,RUECA.SPAIN 2013 BOVALE ROSADO,BO13AL.,UT10L.-REQUENA D0.SPAIN 2017 COTO DE MAYAS CE?NTENARIA BARN ACHA,CAMPO DE BORJA,SPAIN 2013 PAGO DE LOS CAPELLANES JOVEN ROBLE:TEMPRANILLO,RIL3ERA DEL DUERO.SPAIN 201. ENRIQUE MENDOZA LA"IREMENDA MONASTRELL,ALICANTE.SPAIN 2012 u,..e.,(:t)0,4.1,:(r). ..n...!mf,..`:pr.ris,uc:°, .,ht 6r,0,rrrr4...1141:;!,,, >,it,.'P.CQ..!':..¢4,1,,v:li;r,11 ore;,:J::[w,,n1S • 25 DocuSign Envelope ID:276B6F91-E887-444C-8638-C122408023C0 4 15A-I ; g Ao.ittrormi* ' '''• ' • ROTATING SELECTION OF LOCAL CRAFT BEERS M.I.A Beer Compawi SEASONAL AGUA FRESCA Funky Buridh3 Brewery CED TEA LEMONADE J Wakefield Browing ARNOLD PALMER Tarpon Plvor Bicwals1 SPRING WATER Wynwood brewrng SPARKLING WAI ER Nsef.iync Bay Brewing FOU N l'AiN SODAS ROTATING SELECTION OF DOMESTIC AND IMPORTED BEERS -;• .1 BREWED COFFEE LATTE 0,Ac:a Regulilr CAPPUCCINO ICED COFFEE Dcc&or Regulef HOT TEA ESPRESSO SHOT ,r 26 DocuSign Envelope ID:276B6F91-E887-444C-8638-C122408023C0 ; 1 i • - f 1 t,• 1; 0,-,(C41<"P• • . 14 ,., . • 'I ...,„„ i , . ' .• .., ..,% il:4V ,',411'4'• • ' , g- i g , , '::.•,'•. 1 ir,„‘ 41,2' —.........,, „ -, ' Vends weekend b:unch offers locally.insoired shareables, .1 .....; ., fl.,w 4••"'••'• ,i;-"{) 1 ..i.,..:....44:ll,...;," ,*;;P,..,9'.4•,'• i; signature.sandwiches and bciwls,seasonal dessert offerings, 1 ' 'f,,..., .14 ' •••••;:Wf'..f•- - • a Custom cocktaA menu featuring kg:ally-distilled spirits, .,tii• ioeai.domestic,and imported brews,and a variety of wines 4.. ,V;f, it• ,''',, ', 'Y.1% .4- by the glass and bottle.Nonalcoholic beverages.locluding !I seasonal agues fresco,and coffee and espresso beverages wilt eiso be available. With a locus on fresh,heaithy dishes and a variety of gleler, free,vegan.and vegetarian offerings available.cur menu offerings will be sure to please every palette. '' • -e.01,,,,-,„ . ,;:,,:, •I'VO"':.144"tiilLiONs.k 1 ,I fillfi!,•,'I , ji: '.'-',. • 1. . . „f, till' ':..;i1'-''I . I'It , :,::.f, .". t ' : II :. : , :.• t- ,.... •, r . ; ii .1 27 • DocuSign Envelope ID:276B6F91-E887-444C-8638-C122408023C0 ,.4;. * ., .sa,,,r' , G.unrrou x :+ '...... .. . 'x• ,-i • • SHAREABLES • • BENEDICTS & TOAST • • Lecke de tigre marinated rish-of•the•day.avocado,ali Stow roasted pork,poached eggs,chipotle hollandaise. amarillo,red onions,lime juice,cliantro,corn chips toasted Si gtish muffin,fresh herbs,breakfast potatoes I i • Baked plantain chips,sea sell,pomegranate guacamole, Thick-cut toasted brioche,avocado mash.poached egg. lune.cilantro pickled cherry tomatoes,aleopo pepper.fresh herbs. farmhouse preens Classic hen-tines 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 • • 28 DocuSign Envelope ID:276B6F91-E887-444C-8638-C122408023C0 '`.,:'"V4V4WA.71',1107 .7 `-re' M41: • .`7;;;;!•14?,:"4 ; ""411,VVer44...,#:;.;.Yeek , • TACOS & SANDWICHES • BOWLS • • Seared blackening spice-crusted mahi roam p;co qecho, ;4015e-,r,ade granola,green ppie.honey,raisins avocado cecina, mu.centre,soft corn tortilla.licema slaw . „ . . ,• . Grass:fed beef,pepper ac.5 cheese,avocado,crunchy red Jasmine nee,onion:chores,pineapple,bell Peepers, onions,brioche bun,French fres avocado,ch:potle cream.lane,cilantro „ • ,! ...! Slow roasted pork,Black Forest ham,Swiss cheese,bread and butter pickles.French roll.French rein Stewed yellow lentils,shaved orussel sprouts,roasted Curried butternut squash.crispy 5hiftake mushrooms. chopped curly kale,roasted garlic vinaigrette • DESSERTS • • . . • " Seared blackening spice•cetisted meld meld,pito de echo, Chocolate cake,tees lecher,condensed milk whipped avocado creme,lime.cilantro.soft corer tortice,jicarna slaw cream.dark chocolate shavings 11 !: 29 DocuSign Envelope ID:276B6F91-E887-444C-8638-C122408023C0 • . .• .. . , -, • .. -., -,...• . —.. -e..,,,,,.47:1:7N.Y4..4.":.,v...:-.., ',_;;;*4.- ,_,,L:,.. rvA •ti"' . ,.p..''k,. :.. ,:e..;'..,..;.... ....1,..v.i -„,.. '...‘'4 's+,..;-,•• v• r..•;'''-‘i••;,•'''.-.4::-.-4,-.6.'SV:,''',-'t-i,',Vir,,4,,,,;.6 •ri•-'....-,,,,,,".47^;••'17 '-i•..,,k7i4-4*c.k..--,T.44447:II•;•'.- '''''''.'n'‘`:'-''':. '•;,..1`''''''e'' '''•-V'Ir''''''Ik''' '':'' 4•I'4..* I'''''X''"-•:?Ii••''sigi•I'' ,',.4',1,"4.4r,.-71•-•-'t'.„'EtS`,;;.j..,'-i''''.1,-r 4.s. ,•,,,!•rSi:,•"410-?4•7,-•ir,,ii.m. "i•alPV • COCKTAILS • , Teuuda,grapefrier iiiice,lel'Iri itoce.simpie syrup Dark rurn.sweet vermouth.Cynai'fie:,ieur,emnge Milers ., .. . , . : . '• Cava,house Sour rnIx,poreegranate syrup Sparkiiny Wine.Fresh oriffigk.ice . ' -.. ,...., ,, , :, , . .• . • - .,, • .... .. ., ., . , , Ruby red grapefruit vodka,gkii3vil nettar.lime;ince. Teouila.noose-mace rei's soda water • • . , . Vilhle,urn.cc Conot watee.fereee;mon,strnple wri'll) Pitcher ei,....„.„..., ptixi.0-0-1,...!..;75:,iy.vi..44:1:, :,,,Nxeroi:-.11,:,'-,,,x,,tiip:t4r,•40,14,1k.^Vri3O,01•?,/,:1;•:f.1.:i.,'-3,;ro•Lr4z,'1z:".b.,/0,1:7•10.: '''''•••'-v-•/,•-''''••=1.•••--'4,4-:?/;;;,-;,••,•:'•-r--..-- ,•!,•:;"•=4•7;12--.4.--.1,--:-.-,0Z.,•:,;94.1,,-;:,7,.„31r,,•;•);,-.4,0:.,r.1 4,,,,,„1,..„,,,,,,,, 14.4,,,,,vj.1,4g,,,v,,..,..„t-r,%-:;-,',.„ :.•:•,;;;,••f'1>::-A.:7_41,2:4141441-1;.4-.2•1-'i'.4.1.*47':i-%--cti".`,.4r..='r ''1-3'''•;'e-..-7-::3,i. 1;3:ies.":11-'•!...,..1.4ikt,,,sc,',-17‘,.;::',.-.2:4:,.,.:4..,tv.,-.,N le ev.,1O'n'T(f'..,•,,e.„.,15:•41?..:.11:71,:/41,,f.:ei,11,,-.4.4,`.,,:4.iP4,4,.;•/.564.0!;. > Crli,.1111.4;illi&I.iliArgArd-,.51g.'rk.kffg.ri•-.a.V...&,:iNd-V,V,J,te faii.r..0%,'It,zir se,4‘zfril,1,o,,,k,.,..,b,,I;,,,„.,.„„,,,,„.a, ,..s,,. • WINESBY THE GLASS • wmiNaRe.vALooatitADEmr PROSECCO& P RIE DOCG.VENETO.!TALLY NV • . • ''' . • •I SAUVIGNON BLANC.MARLBOROUGH,NEW ZEALAND 2.0l • ' CPARDONNA•v,NAPA vALLt.V.CALIFORNIA 2017 • ' • '. M C:tiVEE ROSE,COTI.....:DE PROVIINCt. FRANCE 2018 . , • • . RESERVI-PINOT NOIR,MASAN RIVER VALIEIY.CAL.2OLS - . .. .. , C,CERME:.T'AUVIGNON,NAPA VALLEY,CAL IPORNIA 201.1„; ' - ZINPANDEL,SONOMA COUN I V.CALI-ORNIA 2015 I 30 • DocuSign Envelope ID:276B6F91-E887-444C-8638-C122408023C0 r rt: 01, d.ert s ` ' "AN ..,^44r7,,i+Pir4,, *7.`",r74771.7V-tLi,77.•,1 7,7,7,•.72.7' 57'7, gitilke;71:401.44:Z=AAlt 3,44,5F ' • BEER • • NA. BEVERAGES • SEASONAL AGIJA FRESCA . , ASSORTED JUICES M.:A Beer Company CEE TEA Funky Budolle Brewery LEMONADE ARNOLD PALMER J Wakefield Brewing Rwer Bre,...hog SPRING WATER SPARKLING WATER Wynw000 I.KeYwng Biscayne Bay firew.nc; • COFFEE & ESPRESSO • • BREWED COFFEE Decaf Of Regular ICED COFFEE Decof o Regular ESPRESSO SPOT LATIF 4 CAPPUCCINO HOT TEA • • 31 • DocuSign Envelope ID:276B6F91-E887-444C-8638-C122408023C0 m-4 Nov ,pet,-,1;v0, /i 4Mt,rr j ��2iMf�� S✓s ia# ;c ; '� '�"'�n+ • WINES BY THE BOTTLE • LA MARCA LUMINORE.VALDOUBIADENE PROSECCO SUPERIORE DOCG,VENETO.11ALLY NV STERLING VINEYARDS BLANC DL E.ILANCS,NAPA VALLEY,CALIFORNIA 7016 AMELIA BRUT ROSE,CRFMANT 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 DOG,VENETO.ITALY 2016 JERMANN PINOT 601010,VENEZIA GIUL.IA GE PR1ULI•VENEZIA GIU:.IA,ITALY 2011 MARQUES DE CASA CONCHA C:HARDONNAY,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,N,CUVEE ROSE..COTES DE PROVENCE,FRANCE 2010 FLEUR DE MER ROSE.,COILS 08 PROVENCE,FRANCE 2016 CIICX,' I..WO' n!:,...,,,4,;1,t..,t G'.`..u,j^or:(S. • • 32 DocuSign Envelope ID:276B6F91-E887-444C-8638-C122408023C0 I II >.xrywa�wra, .. . Eco ,,,(0,0“+' e.:r' �`:;, elfuub-. .9 ...: � a �.. >.. 's v, s). { • WINES BY THE BOTTLE • CONO SUR OCIO PINOT NOIR,SANTA ELISA ESTATE,CASABLANCA VALLEY,CHILE 2012 ETUDE GRACE BENOIST RANCH PINOT NOIR,TEMEILOR VINEYARD.CARNEROS.CALIFORNIA 2.014 MACMURRAY ESTATE VINEYARDS RESERVE PINOT NOIR,RUSSIAN RIVER VA61.ITY,CALIFORNIA 2013 SARTORI DI VERONA COR T EE BRA AMARONE,AMARONE DELLA VALPOLICELLA DOCG,VENETO,ITALY 2010 BERINGER VINEYARDS QUANTUM RED BLEND,NAPA VAL.LEEY,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 PUEN T O ALTO VINEYARD CABERNET SAUVIGNON,MAIPO VALLEY,CHILE 2013 Ii CASTELLO BANFI SUMMUS SUPEPTUSCAN,iOSCANA IGT,TUSCANY.ITALY 2014 .` DON MIGUEL GASC6N RESERVA MALBIIC,MENDO7A.ARGENTINA 2015 ,1 FREI BROTHERS DRY CREEK VALLEY MERLOT,SONOMA COUNTY,CALIFORNIA 2015 'I PENFOLDS GRANGE SHIRAL BLEND,BAROSSA VALLEY.AUSTRALIA 2012 CASTELLO BANFI BRUNELLO.BRUNELLO DI MON1ALCINO DOCG,TUSCANY,ITALY 2013 BEAR FLAG ZINFANDEL,SONOMA COUNTY,CALIFORNIA 2015 1.3e-Agee jl/n'Ql/tJr rr;,k(:9iF.Sp,' ,b,'1.V'F 41,0 ,',(h ere.,rF knirs I I S. it lil 33 DocuSign Envelope ID:276B6F91-E887-444C-8638-C122408023C0 1 I I I . 1 I • -*p.s..,ww,4:?;s,:v.,,.A.,.,,,,,,,,,,,.0 .,,..,...,. ..7,,„,..,-,75,,....,-,..0,4,..,-A4.&7_,.-.4 I ,,,'!„41407T-111.1NeA:- -,- ;...,,, ,I.',,,,,x -f4,,,,,,,...,-.'.xt',.:•,41,1;0 i . V V V ; I 5,•,,,,,,,,,o.,,,,,,,V.:,,Aa4,7 ,,,.', :(!a::':ic:„„,,W, s4M.,;1 ",.41.-11 ,,A.r'V ''; i I ;.°W2V,t."'..Vi,l,P..*::4.;aitglAW,i5RM'''''.,...,4-s,"11..f'f• i i'l,:' ,'—-% 1 1 ,'6.: t141010g,1: :,?;gy;,•-;,„ .. ,,,,,,,:ii,. :..,:,.'.. . ,.,.,....::: I,. .'"g:. + :4.47.4-i15:4Wu .;?; e ndw erstand th,,t hOneyet people gatherthe, enc..c,,...iois I :.A-i';',,,," - .4 specie!.Each gathering should he an expression of intent-•- I . ,. •il' 0„,,er% „',,,-- '',,Iiii;, 2.in...•StA.. ' •'-'''''' ,,,,:•,:i=t",-.. ..i•ri,•,.!'„ ''''','-i-e,,•,?..,:`' ",,,,"•.,i4-,1„:,,'"" flOrn service to g ar nis h—wit h a tatioue identity connecting i .?4t1„..: ii:li;!.'il%%.•- it ati We will convey our specie;event hosts'taste,pu=pose I -.w.,..3,0,,;:li.l.t.,--.--`'. 'int -• ,., and vision with thoughtfully-crafted and tasteful fTle.f11.1S .4..y .0.,,, ,...,1,-;,,..,-;.. ':::-'""-r-,,,'4,;,%:. o*.li,VZO/020' -' ".; tI e.o.,ed to Illuir events. . =.-4 ••''•?'•,-;',1",-',-......`,==i,- • "?..N..,,,,.*:94;..tio.ii"..' "..:;`,,'--1:--4„, ,..., •' ' .-f•;"7"-:--•' =.:•• Based in the historic Carl Fisher C:ubhouse.our approach '''' % 'aft ',,,'4,'`4),,,,,5„-'1,•,TI .i will reflect our sundi rroungs—we combine loi":01 flavor, a ,4, ,e a-,`;, '.."44" commitment to Quality and sustainatiiiity.and distinctive e.r • ri glrca on an intimate scale. '472,3•=4.e.-i,o; .;46"..tPii,.,...44v.--, ,:, '. -(4;:f,..rxief'*-40,404 k,-„,,,represent a coltaburation between Centerptate.Spectra ' ',"' ,,i‘,.." 4v04P,f,-,1%;e4..,4.47.`"/ .,,-,-..,...,, ,,,A . ,, . and our Restaurant Colleagues—aniong the rnoSt reputable !fr.rriliO'e,,:X.,,',/• ,'t .i'.:p:,,:M,,,...,„&j,,,,,,;„,,I.;,,,,,X names in Miami Beach hospitalitywe will t,e delighted to 4,' , ';.ti...• -itk _ scree sPeval event hosts with thew next celebration .V , • I 0:4;ele•Ss 4-"t-: .. ... —.... i . P" ,ec. 45. ,•,,,„, • .,..,„ .: . ,. ' = 11 ',,, .. ,. , ..,;., 04.: ',:,..-,17 .1,•;3 .:-. 't ; .1 -- )og,,...4.v ,.r...k,..,,,,,r;,,,,,.., 4 ,,,,...„,.9, 4..,....*,.,,, 6 Iv,. ,... 1 W-.,.''....', •4 4/ 4:, . i---:., ; ; I i 1 1 i I i 1 • 34 I DocuSign Envelope ID:276B6F91-E887-444C-8638-C122408023C0 We offer a Reception and Beverage Menu for review as we anhcipate this will be the most frequent type of special event that takes place in the Carl Fisher Clubhouse. RECEPTION 1105515 OEUVRES PER NECE COLD 0,200 1>0.624,0 Cww,••otKoct r. lor•wo[0,•• /00.4 Susbi 104 ;' (:“.0•0 Sok.cd fWo•Kvh c.n4P4Opo 1,44,Vaiti(1/4 ra.0100,walin lhoofes Knito,1[0., ••••• Coribbroa,C0AcIf P`001.111 ' ,Ka.N.1011,On44t,'ow rd.),:t0rd mad., Chowed tobY Oclopv, rwl V.dm, ..4106 Soocr. lOokt w01 r40.m.d Jwdbo OvW0[delft/, Cop,.dal hin*Ctrit he • oPW,.0w•snmd[K,41...ul [o() ChvOw CO3c few0 • 1,4,4,41,..0144,14414114V,kX, troich.no wopped P.L•nd . ) Cd[xew 310K 010,e"0cp kAoir..trst!esdn [Kn God,[Imo 0,41,2 10[00 tv ,00S4300od Aawadsw, Her lo.,do Own ao boa b.n . [4.00w Ctas tmotw000 IND Clop coke Cocceol (:[,0 Ye9wWW4.1p00g lb% wd >ees'qlo.cc CW[Yen1CM‘VVVIIIP41{1101. •• £0001M001;44 hunt.*kolasa w.31 [0 Odin: WC, Mod 0.1,0202 6212k., :• Cl[ttodCo 0.1st Caned loof i[vbed o0110'w Vow •floh Oe[-ie two:,...00dixr, flKwcidi 14010 Omi Chet to to. ; 11,[010.2650 Cot 2000 • 1410 110.1WoVn0ort CNA r et Ctmelo OwstodIxo ' 1/40:110 Cdtwolw,1140, 0• 250 Polled Pmk Meer 00,1STI)414:KiC/If 4:044 t,3,4,1%0, 111.1.0 , M1,1 CAKin 1.4w 010 108 1(00 ! wms 0,1:41,44 KAM°04,4, CWr too I44 • . Swo0 ChM Chfc10. . 1.03 VWW endrowdo Own Swum?*04 Dr.,t,rd Conch IKON. • Uono,vluc.: Soiremval CNclxes Wid Mtalloon, 11,11ce • toe,o0 1160[0,,b• :4[41,40 4.rri, 44 41 41 35 DocuSign Envelope ID:276B6F91-E887-444C-8638-C12240802300 • • RECEPTION RRCRPTION STATIONS rAl'AS TRIO • • loam ilael Ilanoa• kacha lor • at.a. awth z.txxr.,ark:mo,nealaw o Zaa., :14 ffy • vv:Ir,nnero nst. 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Stewed fruit compote,upped 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` .V`: Sliced bananas or cherries in barter witn brown sugar,lemon.cinnamon,a splash pr.rum and ftornbeed before your eyes.Sewed over French vanilla ice cream Ice Cream Social" Premium•van ito ice cream.Rocky Rood.Strawberry,and Pistachio presented in an ice bowl with nuts,cherries,whipped cream,shredded toasted coconut,chopped assorted candy bars and cookies Strawberry Shortcake Station" i• .< Build your own station to include: Fresh strawbetries and mixed berry compote Shortcake biscuits.pound cake,chocolate sauce and whipped cream • • Chocolate Dlpping•Statlon° i,i • White and Oark Chocolate Bananas Oreos Pretzels Brownies Rice K'ispess ,I Coke ops:Rea Velvet,Carrot Cake,Key lime.and Coconut 37 DocuSign Envelope ID:276B6F91-E887-444C-8638-C122408023C0 HOSTED BARS • SPIRITS WINES COCKTAILS Dilm•Premturn � Deluca ConcochOnz by the Do@on Grbv Goma Vodka t9accoa t.rot 3anenay Saarta.n G n 'Oocr`raa!yalds Sot,vyrnn Oo,c tIacr•.Oat,CON_e:a ' • • iac:nSA kc'ra Etat Vmcyard,Pcnon rc,0004.a i_+e' Canya+.P000,Cba:acrv�,yy F,onrn$icvxhery t5o auk,' Y,o:ir, JO"r•,,sa 00,41,1&klCk:COten WeJ,-.,t Oast`i Clec'.r.Mnr(>' I• IW(.O0`,..,r1Ren:,o B aarkran Ileaaitea Moon,S Stt0 CObotaOl SOur.J,'aa, C!GWr.koy(il Yl,,kkay L•n_n,aS Merf,a, it BEER M✓Halt Prerniom ' katiat I: Imported Poor tb'n,qty MWa iI 1,010100::VOaka 'Acid o'aO,pcyl 017: larA�ue:lY moi^. !,stocker, • :.aplar,Atati,ion Nhti0 koraCanlarao,, Ca ono Jnr logo to CC;Oaa tr,V1r U'rwee'c I;.5co'cn Brrh.i,a;.k,,a., Ameacon Promium Seer ' lotkorn s 00 rtk,5e1• cunw,:::er Soo t y'n li Deluca , *Law ice fi't)au;'s Arnta Cocktail,by rha plarc ^a i:r(ite(00rn Va&c, Crallece,• .y5000 ika(10, : Baca'cO Swam,Ova, DG(ra } • .rnc; Curakc-A-.10ec toOuLia Sam Adam,Bot'aat n,ac I tanO,a.0430!Sob I2tc. 0005y Mn,, Coast s o t,:,,,UF,.5401011 k,CGCI Pry ,basCtnn0P°,Ba,aO a Oat?ar!i i i Wh,ikCy Ary;ry r''"pro Solt Otinkt Auaosa CO,-S'Pccdoc: : • Daft bee,-Coy Rter—o Wa!N • 'roro. Ai,arl0u Y'u.r hrtot 1 'rnOtf(M ! • • . AT1Y • • Vie.` '1 II I,' 38 DocuSign Envelope ID:276B6F91-E887-444C-8638-C122408023C0 CASH BARS SPIRITS WINES Dtha•Premhum SOFT DRINKS Deluxe l r •ir. Also:led Coker)Aoducts S Baffled Wafer::< Grey Goose vodka PZOCida Pool GtigrO Peeler i.. Rom;ray Sopoi,iiiie Crir Fetzer YireYO.dt Smmgeon Blanc A[salted ku;i luicet Bacardi B Ruin Fetzer Vineyards.Pmol Noil a 'ler:J:1w°Silver io ,i Canyon Rood,Chordonncr Joirete Welke,Black Sok Min.)!C2esl"Select",Mtelol Wooafera Rese'vp Bourbon Be:Vger Maxi h Viet,.Cabetnel Sws'gron Crown Rayol Wnjkke y BEER Premium i '•• Imported lees :. Ketal One Va:ika IGrCtaerer Gv1 ikenekee Cb:;tafn Morgv:5 Wtrte Rom C.amrvena Coreno Sl.•or Tequao Cercno tight De\eor's s 2 Seoten aulte.t Btw+ben American Premium Beer i • Sevglo n't VQ Whiskey BudwCiSCI Bud Light Deluxe S; Millet life O'Ooviis Amber . hew Amsie'Com Vodka CIofBeef;l Bomboy Oriynoi Gil Bacardi Suoefur Rum Jose Cuervo Especial leauld Sam Room Basloo Lr)w Havant Lat)em Dearas While Lobel Scotch Solo IPA ;ack poniot;Bf viboe Rebel IPA Seagram's i Whiskey Angry Oxhord WINES SPABKIING WINES EY THE 001f LE Mit(WINES 9V 1NT BOBTN 1lllltAIG Nl»( Inept 011010 atAA00000, .vkxC01•0,1,0 ft, .•n,rn 1'u•. -�xf.✓inn1.CrJsyral • ....�!Tr.6 •trrt 5,1 k..s:rOrsc e0Y 0:-may...\r•�.r.!\u:e�.:✓u:w 1.00,01 n v.kr•ray• A„•..wo-Cwor.o RNOr Oke ,c1o.-.orc,•.0 CNAAIIAG4i a0,iron•;!s o,, • W.., Cir_.5 rtrn.tiC.tt i,.n.: v:-iry.CrY•trrn r.+. ,.;:+d' a...w a..u,E:.•d n .0.v4s 'neve , t:r1� ;ypwr.srY.0,51,0 '• 'I rxr . MAIMS £03010N00 IIAAG e.r•-LnA.n1 Coos'., 100 •. r.-*•hvrA^met,:tti it 39 DocuSign Envelope ID:276B6F91-E887-444C-8638-C12240802300 RE7 WINES 6Y THE 130111E MERtOT PINOT NOIR Wulhuf i.•C11 'yf1WC!"-C;h la F6!dOf-CaL'ICrn!a 9Y Coo nl Eslnfcl-C.aflorna f(inn VOk•ycoaYlcm ]. '!1:/Y.^.(1 V.nll.es'3 {�714Aih:A- I Rtlh4lanrl-C,Chan . • MAtltC , .. , •. .. . . E!c^M;,;LCI Gascon Ar:rcnIt) • .. I CAUEUNET SAUVIGNON l eve•Valxy Ookt Callfnrnel .. 00k!..arse...Colllafn, .. .�k Think ce. ' 2,013.2Q?O/� xe Rva:s Seler:1-Coir om:a - • U 3 Ao'o Grgunk;-Co"Ianvo Conctoy TWO.Oirm Reu!va Sac 0be:as-COO '[ { 1 40 DocuSign Envelope ID:276B6F91-E887-444C-8638-C12240802300 ii 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. . 41 f { DocuSign Envelope ID:276B6F91-E887-444C-8638-C122408023C0 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. 42 DocuSign Envelope ID:276B6F91-E887-444C-8638-C122408023C0 • EXHIBIT "3-3" OUTDOOR CONCESSION AREA GUIDELINES O 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. e Concessionaire shall be solely responsible for applying for, obtaining, and maintaining (through the Term hereof) a liquor license from the appropriate governmental authorities. O 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. a 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. O Concessionaire shall be required to have a hurricane plan. O 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. o 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. o 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 43 DocuSign Envelope ID:276B6F91-E887-444C-8638-C122408023C0 Area. No fixtures or other improvements may be installed on the Outdoor Concession Area without athe City Manager's prior written consent. • 44 { DocuSign Envelope ID:276B6F91-E887-444C-8638-C122408023C0 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/coronavirus/2019- ncov/community/large-events/considerations-for- events-gatherings.html • CDC Events and Gatherings Readiness and Planning Tool - https://www.cdc.gov/coronavirusl2019- ncov/downloads/community/COVIDI 9-events- gatherings-readiness-and-planning-tool.pdf • Florida Department of Health o City of Miami Beach State of Emergency Declaration and Emergency Measures o CDC COVID-19 Consideration for Outdoor Farmers Markets- https://www.cdc.gov/coronavirus/2019-ncov/community/outdoor-farmers- markets.html 45 DocuSign Envelope ID:276B6F91-E887-444C-8638-C122408023C0 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 46 DocuSign Envelope ID:276B6F91-E887-444C-8638-C122408023C0 RESOLUTION NO. 2020-31334 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER, PURSUANT TO REQUEST FOR PROPOSALS (RFP) 2020-109-WG FOOD AND BEVERAGE OPERATOR AT THE CARL FISHER CLUBHOUSE, TO AWARD THE RFP TO SERVICE AMERICA CORPORATION (CENTERPLATE), THE SOLE RESPONSIVE, RESPONSIBLE PROPOSER TO THE RFP; AND FURTHER REFERRING A DISCUSSION ON THE MATERIAL TERMS OF THE AGREEMENT TO THE FINANCE AND CITYWIDE PROJECTS COMMITTEE. WHEREAS, construction on the Carl Fisher Clubhouse is nearing completion, and accordingly, the Administration is seeking a food and beverage operator for the Carl Fisher Clubhouse to provide support convention center functions and serve the thriving Civic Center/MBCC and South Beach business and residential neighborhoods, and attract a diverse clientele which values quality and innovative food experiences; and WHEREAS, on January 15, 2020, the City Commission directed the Administration to issue a Request for Proposals for a food and beverage operator at the Carl Fisher Clubhouse; and WHEREAS, on January 28, 2020, the Administration issued Request for Proposals 2020-109-WG for a Food and Beverage Operator at the Carl Fisher Clubhouse (the "RFP"); and WHEREAS, in addition to posting the RFP on the City's BidSync e-bidding site, and in an effort to maximize competition by reaching the greatest number of potential bidders, staff notified the Miami office of the Florida Restaurant and Lodging Association ("FRLA") regarding the RFP and requested that FRLA share the RFP with FRLA's local members who include many local restauranteurs; and WHEREAS, the RFP was also sent to local restauranteur groups, and the RFP was advertised in the Daily Business Review; and WHEREAS, staff efforts in advertising the RFP resulted in over 3,000 potential bidders being notified of the RFP; and WHEREAS, three on-site visits and three pre-bid conferences were conducted, . and the RFP submittal deadline was extended to accommodate potential bidders; and WHEREAS, despite staffs efforts, on March 10, 2020, only one proposal was received from Service America Corporation ("Centerplate"); and WHEREAS, the proposal submitted by Centerplate was determined by the Administration to be responsive to the requirements of the RFP; and WHEREAS, Centerplate's proposal also satisfies the City's primary goal to DocuSign Envelope ID:276B6F91-E887-444C-8638-C122408023C0 ensure continuity of operations in the overall Miami Beach Convention Center("MBCC") campus; WHEREAS, the Administration has negotiated preliminary terms with Centerplate, but material terms of the agreement with Centerplate remain unresolved; and WHEREAS, an award to Centerplate will ensure a collaborative partnership with MBCC management and MBCC vendors and service providers, and further ensure that the Carl Fisher Clubhouse venue will be an integral part and extension of the Convention Center specifically with respect to booking events in all venues on the campus, while utilizing this space as additional sales revenue from incoming conventions and event producers; and WHEREAS, additionally, Centerplate's proposal provides an opportunity for the venue to welcome the community with various sorts of dining experiences and venue options; and WHEREAS, the Administration recommends that the Mayor and City Commission approve the award of the RFP to Centerplate, and further refer a discussion on the material terms of the agreement with Centerplate to the Finance and citywide Projects Committee. 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 City Manager, pursuant to Request for Proposals (RFP) 2020-109-WG Food and Beverage Operator at the Carl Fisher Clubhouse, to award the RFP to Service America Corporation (Centerplate), the sole responsive, responsible proposer to the RFP; and further referring a discussion on the material terms of the RFP to the Finance and Citywide Projects Committee. �l PASSED AND ADOPTED this ay day of J�1 2020. f<2zil-----__. Dan Gelber, Mayor ATTEST: ?1G Z/Zai! APPROVED AS TO Rafael E. Granado, City Clerk FORM&LANGUAGE 8 FOR EXECUTION 00'i ' oili.4 •, ' _ % CiIY Attorney Date `.I IiCO3P'I O i,AT ED,i, h.'7'•. J��i .•c~ DocuSign Envelope ID:276B6F91-E887-444C-8638-C122408023C0 Resolutions-C7 a MIAMI BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Jimmy L. Morales, City Manager DATE: July 29,2020 SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER, PURSUANT TO REQUEST FOR PROPOSALS (RFP) 2020-109-WG FOOD AND BEVERAGE OPERATOR AT THE CARL FISHER CLUBHOUSE, TO AWARD THE RFP TO SERVICE AMERICA CORPORATION (CENTERPLATE), THE SOLE RESPONSIVE, RESPONSIBLE PROPOSER TO THE RFP;AND FURTHER REFERRING A DISCUSSION ON THE MATERIAL TERMS OF THE AGREEMENT TO THE FINANCE AND CITYWIDE PROJECTS COMMITTEE. RECOMMENDATION The Administration recommends that the Mayor and City Commission of the City of Miami Beach, Florida approve the resolution accepting the recommendation pertaining to bids received, pursuant to RFP 2020-109-WG, for a Food and Beverage Operator at the Cart Fisher Clubhouse, to award a contract to Service America Corporation (Centerplate), the sole responsive, responsible proposer, and referring for discussion to the Finance and Economic Resiliency Committee on the material terms of the resulting agreement. BACKGROUND/HISTORY Construction on the Carl Fisher Clubhouse is nearing completion. Accordingly, the City is seeking a food and beverage operator for the facility. In addition to supporting convention center functions,the Administration believes that the Carl Fisher Clubhouse can also serve the thriving Civic Center/MBCC and South Beach business and residential neighborhoods and attract a diverse clientele which values quality and innovative food experiences. The facilities will have available public parking, within walking distance, and is accessible via public transportation on Washington Avenue. On January 15, 2020 the City Commission directed the Administration to issue a Request for Proposals(RFP)for a food and beverage operator at the Carl Fisher Clubhouse. ANALYSIS On January 28, 2020, the Administration issued RFP 2020-109-WG for a food and beverage operator at the Carl Fisher Clubhouse. In addition to posting RFP on the City's BidSync e- bidding site and in an effort to maximize competition by reaching the greatest number of Page 355 of 2461 DocuSign Envelope ID:276B6F91-E887-444C-8638-C122408023C0 potential bidders, staff notified Miami office of the Florida Restaurant and Lodging Association of the RFP and asked it to share it with its local members who include many local restauranteurs. The RFP was also sent to local restauranteur groups and was advertised in the Daily Busines. Review. Staff efforts in issuing notice of the RFP resulted in over 3,000 potential bidde a being notified of the RFP. Further efforts were made to attract and accommodate interested parties, including holding three on-site visits, three pre-bid conferences and an extension to the submittal deadline. Despite staffs efforts, on March 10, 2020, only one proposal was received from Service America Corporation(Centerplate). • The proposal submitted by Centerplate, was found to be responsive to the requirements of the RFP. Centerplate's proposal also satisfies City's primary goal to ensure continuity of operations in the overall Miami Beach Convention Center campus. Staff has negotiated preliminary terms with Centerplate. FINANCIAL INFORMATION TBD CONCLUSION As noted above, staff made efforts to seek the largest number of interested parties as possible and some parties did express interest early on. However, despite those efforts, only one proposal was received from Centerpiate. An award to Centerplate will ensure a collaborative partnership with the MBCC management and MBCC vendors and service providers. The award to Centerplate will ensure that the Carl Fisher Clubhouse venue will be an integral part and extension of the Convention Center specifically with respect to booking events in all venues on the campus,while utilizing this space as additional sales revenue from incoming conventions and event producers. Additionally, Centerplate's proposal provides an opportunity for the venue to welcome the community with various sorts of dining experiences and venue options. The Administration has negotiated some preliminary terms with Centerplate and believes a discussion at the Finance and Economic Resiliency Committee is appropriate prior to finalizing the agreement. In order to do that, it is recommended that the City Commission approve the award to Centerplate so that the Cone of Silence can be terminated and final discussions/negotiations can be held. Therefore, I recommend that the Mayor and City Commission approve the resolution accepting the recommendation pertaining to bids received, pursuant to RFP 2020-109-WG, for a Food and Beverage Operator at the Carl Fisher Clubhouse, to award a contract to Service America Corporation (Centerplate), the sole responsive, responsible proposer, and referring for discussion to the Finance and Economic Resiliency Committee on the material terms of the resulting agreement. Applicable Area Citywide Page 356 of 2461 DocuSign Envelope ID:276B6F91-E887-444C-8638-C122408023C0 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 Strategic Connection Prosperity-Develop the Convention Center campus. Legislative Tracking Tourism and Culture/Procurement ATTACHMENTS: Description Ea Resolution Page 357 of 2461