A  RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, WAIVING, BY 5/7TH VOTE, THE FORMAL COMPETITIVE BIDDING REQUIREMENT, FINDING SUCH WAIVER TO BE IN THE BEST INTEREST OF THE CITY, AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AMENDMENT NO. 1 TO THE AMENDED AND RESTATED CONCESSION AGREEMENT, DATED MAY 21, 2019 (AGREEMENT), BETWEEN THE CITY AND BOUCHER BROTHERS MIAMI BEACH, LLC (CONCESSIONAIRE), FOR THE MANAGEMENT AND OPERATION OF PUBLIC BEACHFRONT CONCESSIONS, BASED UPON THE ESSENTIAL TERMS SET FORTH IN THIS RESOLUTION; SAID AMENDMENT, IN PART, ADDING THE MANAGEMENT AND OPERATION OF THE PUBLIC BEACHFRONT CONCESSIONS LOCATED AT 21ST AND 46TH STREETS (WHICH ARE CURRENTLY MANAGED  BY BOUCHER BROTHERS MIAMI BEACH 21 & 46 ST, LLC) TO THE SCOPE OF THE AGREEMENT, MODIFYING THE FINANCIAL TERMS OF BOTH AGREEMENTS IN ORDER TO ADDRESS THE IMPACT THAT THE COVID-19 PANDEMIC HAS HAD ON THE CONCESSIONAIRE’S OPERATIONS, AND UPDATING MISCELLANEOUS PROVISIONS OF THE AGREEMENT.

(ITEM DEFERRED)