Amendment NO. 6 to the management agreement Oct 7, 2013 between CMB & Global Spectrum L.P. D/B/A 2o2---3323 2
AMENDMENT NO. 6 TO THE MANAGEMENT AGREEMENT DATED
OCTOBER 7, 2013, BETWEEN THE CITY OF MIAMI BEACH AND GLOBAL
SPECTRUM L.P. D/B/A OVG360 FOR THE MIAMI BEACH CONVENTION-
CENTER SEP 2 7 2024
This Ame dm nt No. 6 to the Management Agreement, is made and entered into this
2-:-) day of �,vI t/2024, by and between the CITY OF MIAMI BEACH, FLORIDA, a
municipal corp ration having its principal office at 1700 Convention Center Drive, Miami Beach,
Florida, 33139 (City), and GLOBAL SPECTRUM, L.P., d/b/a OBG360, a Delaware limited
partnership, whose current address is 5050 S. Syracuse St. Suite 800, Denver, Colorado
80237("Global").
RECITALS
WHEREAS, the City and Global Spectrum L.P. ("Global") are parties to a Management
Agreement, dated October 7, 2013, pursuant to which the City engaged Global to manage and
operate the Miami Beach Convention Center(the Management Agreement, as so amended and
modified, is referred to herein as the "Agreement"); and
WHEREAS, the initial term of the Agreement was three (3) years, ending on September
30, 2016, subject to the City's right to extend the term for an additional two (2)years; and
WHEREAS, on October 21, 2015, in Resolution No. 2015-29191, the Mayor and City
Commission approved Amendment No. 1 to the Agreement, extending the term thereof through
September 30, 2020; and
WHEREAS, on September 23, 2016, the City Manager accepted notice to terminate the
agreement for Global as manager and operator of the Colony Theater effective, September 30,
2016; and
WHEREAS, on September 12, 2018, in Resolution No. 2018-30508, the Mayor and City
Commission approved Amendment No. 2 to the Agreement, extending the term thereof through
September 30, 2022; and
WHEREAS, on September 11, 2019, in Resolution No. 2019-30986, the Mayor and City
Commission approved Amendment No. 3 to the Agreement, approving an increase in Global's
monthly impress amount and established a Global funded annual internship contribution; and
WHEREAS, on June 23, 2021, in Resolution No. 2021-31754, the Mayor and City
Commission approved Amendment No. 4 to the Agreement providing for the management and
maintenance, by Global, of Collins Canal Park, the two (2) clubhouse buildings formerly known
as the Carl Fisher Clubhouse and Little Stage Theaters, and Pride Park, including the mangroves
along Collins Canal with the footprint of the park; and provided for an additional annual fee of
seventy-five thousand dollars ($75,000) in consideration of the additional scope, and extended
the term of the Agreement fora period of 18 months to March 31, 2024; and
WHEREAS, on February 21, 2024, in Resolution No. 2024-32912, the Mayor and City
Commission approved Amendment No. 5 to the Agreement which extended the term by six (6)
months, from April 1, 2024, through September 30, 2024; and
•
WHEREAS, on September 11, 2024, in Resolution No. 2024-33232 the Mayor and City
Commission approved Amendment No. 6 to the Agreement extending the term on a month-to-
month basis, not to exceed three(3)months, from October 1, 2024, through December 31, 2024
to allow the parties additional time to finalize the key terms of the new agreement.
NOW, THEREFORE, in consideration of the mutual premises, covenants and
agreements herein contained, and other good and valuable consideration, in receipt and
adequacy of which are hereby acknowledged and intending to be legally bound, the City and
Global hereby ament the Agreement as follows:
1. Recitals. The aforestated recitals are true and correct and incorporated by reference
herein.
2. Extension of Termof:the_ Agreement:The City hereby extends the Term of the Agreement
(as amended hereby), on a month to month basis, not to exceed three (3) months
commencing on October 1, 2024, and ending on or before December 31, 2024.
3. No.Further Modifications. Except as provided in this Amendment No. 6, the Agreement
remains unmodified and in full force and effect. All references to the Agreement in the
Agreement or in any other document referencing the Agreement shall be deemed to refer
to the Agreement as amended hereby.
IN WITNESS WHEREOF, this Amendment No. 6 has been duly executed by the parties
hereto as of the day and year first above written.
ATTEST: CITY OF MIAMI BEACH, FLORIDA
Rafael E. Granado, City Clerk Eric Carpenter, y Manager
SEP 2 7 - .
LOBAL SPECTRUM, L.P. d/b/a
(IN(ORP ORATED' PVG3
ATTEST: Y,Q �,�:�°'
^cH 26 Executive Vice President
3_4Brian Rothenberg
Print Name
APPROVED AS TO
FORM & LANGUAGE
&FOR EXECUTION
Otetiiif-2014— 'N/29(2g
?).City Attorney Date
RESOLUTION NO.: 2024-33232
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AUTHORIZING AMENDMENT NO. 6 TO THE
MANAGEMENT AGREEMENT DATED OCTOBER 7, 2013 BETWEEN THE -
CITY OF MIAMI BEACH AND GLOBAL SPECTRUM L.P. D/B/A OVG360 FOR
THE MIAMI BEACH CONVENTION CENTER (EXISTING AGREEMENT) TO
EXTEND THE TERM OF THE EXISTING AGREEMENT ON A MONTH TO
MONTH BASIS FOR AN ADDITIONAL THREE (3) MONTHS, COMMENCING
ON OCTOBER 1, 2024 AND EXPIRING NO LATER THAN DECEMBER 31,
2024, TO ALLOW THE PARTIES ADDITIONAL TIME TO FINALIZE THE KEY
TERMS OF THE NEW AGREEMENT; APPROVING THE WAIVER, BY 5/7TH
VOTE, OF THE .FORMAL COMPETITIVE BIDDING REQUIREMENT IN
SECTION 2-367 OF THE CITY CODE; AND FURTHER, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE AMENDMENT NO.6.
WHEREAS, the City and Global Spectrum L.P. ("Global") are parties to a Management
Agreement, dated October 7, 2013, pursuant to which the City engaged Global to manage and
operate the Miami Beach Convention Center(the Management Agreement, as so amended and
modified, is referred to herein as the"Agreement");and
WHEREAS, the initial term of the Agreement was three(3)years, ending on September
30,2016, subject to the City's right to extend the term for an additional two(2)years; and
WHEREAS, on October 21, 2015, in Resolution No. 2015-29191, the Mayor and City
Commission approved Amendment No. 1 to the Agreement, extending the term thereof through
September 30, 2020;and
WHEREAS, on September 23, 2016,the City Manager accepted notice to terminate the
agreement for Global as manager and operator of the Colony Theater effective, September 30,
2016;and
WHEREAS, on September 12, 2018, in Resolution No. 2018-30508,the Mayor and City
Commission approved Amendment No. 2 to the Agreement, extending the term thereof through
September 30,2022;and
WHEREAS, on September 11, 2019, in Resolution No. 2019-30986,the Mayor and City
Commission approved Amendment No. 3 to the Agreement, approving an increase in Global's
monthly impress amount and established a Global funded annual internship contribution;and
WHEREAS, on June 23, 2021, in Resolution No. 2021-31754, the Mayor and City
Commission approved Amendment No. 4 to the Agreement providing for the management and
maintenance, by Global, of Collins Canal Park, the two (2) clubhouse buildings formerly known
as the Carl Fisher Clubhouse and Little Stage Theaters,and Pride Park, including the mangroves
along Collins Canal with the footprint of the park;provided for an additional annual fee of seventy-
five thousand dollars ($75,000) in consideration of the additional scope, and extended the term
of the Agreement to March 31, 2024; and extended the term of the agreement for 18 months
resulted in the misalignment of the term of the Agreement with the City's fiscal year;and
WHEREAS, in June 2022, Global notified the City of a merger between Global and Oak
View Group and its intent to operate and manage the Miami Beach Convention Center under the
fictitious name°OVG360D;and
WHEREAS, on February 21, 2024, in Resolution No. 2024-32912, the Mayor and City
Commission approved Amendment No.5 to the Agreement extended the term by six(6)months,
to align with the related Sodexo Live! and GMCVB agreements.Accordingly, the amended term
of the Agreement will commence on April 1,2024 and expire on September 30, 2024;and
WHEREAS, Amendment No. 6 to the Agreement allows the parties additional time to
finalize the key terms of the new agreement.
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 authorize Amendment No. 6 to the management agreement dated October
7,2013, between the City of Miami Beach and Global Spectrum L.P.d/b/a OVG360 for the Miami
Beach Convention Center(existing agreement)to extend the term of the existing agreement on
a month to month agreement,for an additional three(3)months,commencing on October 1,2024,
and expiring no later than December 31, 2024,to allow the parties additional time to finalize the
key terms of the new; approve the waiver, by 5/7th vote, of the formal competitive bidding
requirement in Section 2-367 of the City Code;and further,authorize the Mayor and City Clerk to
execute Amendment No. 6.
PASSED AND ADOPTED this 11 day of Pple&1ber. 2024.
ATTEST:
SEP9720z4
Rafael . Gran do, City Clerk Steven Meiner, Mayor
::, , 5 APPROVED AS TO
`"'�" FORM&LANGUAGE
IACOAP HATED! &FOR EXECUTION
QCj ?6�= 2oZS'
City Attorney Date
ECONOMIC DEVELOPMENT DEPARTMENT
DATE: September 24, 2024
TO: Rickelle Williams, Assistant City Manager/ Director
FROM: Heather Shaw, Assistant Director
SUBJECT: City Commission —Amendment No. 6 Agreement
Routing:
Name Signature Department
X Rickelle film of the City Manager
Williams
X Eric Office o ity Manager
Carpenter
For:
Information Only
X Review and Approval
X City Manager's Signature
Other
Comments:
Attached, for the CM's signature.
Return to:
Heather Shaw x26563
Date Needed: