| | | | | | | |  | Resolutions - C7 V
COMMISSION MEMORANDUM |
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| | | | | | | | TO: | Honorable Mayor and Members of the City Commission | | FROM: | Jimmy L. Morales, City Manager | | DATE: | February 8, 2017 | | |
| SUBJECT: | A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, APPROVING THE ASSIGNMENT
OF INTEREST OF COCA-COLA REFRESHMENTS USA, INC.
(BOTTLER) TO COCA-COLA BEVERAGES FLORIDA, LLC
(ASSIGNEE), IN CONNECTION WITH THAT CERTAIN AGREEMENT
BETWEEN THE CITY, BOTTLER AND COCA-COLA NORTH
AMERICA, A DIVISION OF THE COCA-COLA COMPANY, DATED
MARCH 14, 2012; SAID ASSIGNMENT BEING SUBJECT TO
ASSIGNEE ASSUMING ALL OF BOTTLER'S OBLIGATIONS UNDER
THE AGREEMENT AND THE EXECUTION BY BOTTLER AND
ASSIGNEE OF AN ASSIGNMENT DOCUMENT IN THE FORM
ACCEPTABLE TO THE CITY ATTORNEY; AND FURTHER
AUTHORIZING THE CITY MANAGER TO EXECUTE ANY
NECESSARY DOCUMENTS TO EFFECTUATE THE ASSIGNMENT
OF THE AGREEMENT. |
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| | | | | | | | RECOMMENDATION
| Adopt the resolution. |
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| | | | | | | | ANALYSIS
| In March, 2012, the City entered into an agreement (Contract) with Coca-Cola Refreshments USA, Inc. (Bottler) and Coca-Cola North America, a division of The Coca-Cola Company. This parntership allows the City the opportunity to leverage its strong brand presence by collaborating with Coca-Cola in a manner that genereates good publicity and marketing for the City, while at the same time generating revenue or providing savings to the City.
Pursuant to the attached letter, dated January 4, 2017, the Administration was notified that Coca-Cola Refreshments USA, Inc. had entered into an agreement to transfer the exclusive distribution rights in the State of Florida for Coca-Cola products to Coca-Cola Beverages Florida, LLC (Assignee) in a transaction to be completed on or around February 24, 2017. As a result of this asset/purchase, Assignee will own all of Bottler’s operations, including all equipment and facilities, and will continue to operate the bottling services as Bottler had been doing previously. Upon completion of the transaction, all of Bottler’s, right, title and interest in and to the Contract will be assigned and transferred to Assignee as part of a transition to new ownership, and Assignee will assume the obligations and liabilities of Bottler under the Contract.
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| | | | | | | | CONCLUSION
| The Administration recommends approval and authorization to allow the City to approve the assignment of interest of Coca-Cola Refreshments USA, INC. in the Contract to Coca-Cola Beverages Florida, LLC., subject to said parties executing all required assignment documents which are approved by the City Attorney. |
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| | | | | | | | Legislative Tracking Marketing and Communications |
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