Item Coversheet

Resolutions - C7  V




COMMISSION MEMORANDUM

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.

RECOMMENDATION

Adopt the resolution.

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. 

 

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.   

Legislative Tracking
Marketing and Communications

ATTACHMENTS:
Description
Coca-Cola Letter
Resolution