Item Coversheet

NEW BUSINESS  13.

COMMITTEE MEMORANDUM

TO: Finance and Economic Resiliency Committee Members


FROM:
Alina T. Hudak, City Manager


DATE: June 11, 2021


SUBJECT:

DISCUSS AN AMENDMENT TO THE CITY’S MANAGEMENT AGREEMENT (“AGREEMENT”) WITH GLOBAL SPECTRUM, L.P. D/B/A SPECTRA VENUE MANAGEMENT (“GLOBAL”) FOR THE MANAGEMENT OF THE MIAMI BEACH CONVENTION CENTER, WHICH INCLUDES (1) THE EXPANSION TO THE SCOPE OF THE AGREEMENT TO INCLUDE THE MANAGEMENT AND MAINTENANCE OF (I) TWO CITY FACILITIES (CLUBHOUSE BUILDINGS), LOCATED WITHIN THE 21ST STREET COMMUNITY CENTER COMPLEX (CURRENTLY KNOWN AS THE “CARL FISHER CLUBHOUSE” AND THE “LITTLE STAGE THEATER”), FOR USE AS DINING AND CATERING FACILITIES, (II) COLLINS CANAL PARK, AND (III) PRIDE PARK; (2) EXTENDING THE TERM OF THE AGREEMENT FOR AN ADDITIONAL EIGHTEEN MONTHS (18) MONTHS, COMMENCING ON OCTOBER 1, 2022 AND EXPIRING ON MARCH 31, 2024, COMMENSURATE WITH COVID-19 RELATED IMPACTS; AND (3) INCREASING THE MANAGEMENT FEE BY $75,000 ANNUALLY; WHICH AMENDMENT SHALL REQUIRE A WAIVER, BY 5/7TH VOTE, OF THE FORMAL COMPETITIVE BIDDING REQUIREMENT IN SECTION 2-367 OF THE CITY CODE


HISTORY:

On July 17, 2013, the Mayor and City Commission adopted Resolution No. 2013-28276, authorizing the City and Global Spectrum, L.P., d/b/a Spectra Venue Management (“Global”) to negotiate and execute a Management Agreement between the City and Global for the management of the Miami Beach Convention Center, Colony Theater (the Agreement, as amended and modified, is referred to herein as the "Agreement").

 

Subsequently, the Administration entered into a Management Agreement with Global with an initial term that commenced on October 1, 2013 through September 30, 2016, with two one-year renewal options. In Resolution No. 2015-29191, the Mayor and City Commission approved Amendment No. 1 to the Agreement, extending the term of the Management Agreement through September 30, 2020.

 

Pursuant to a letter dated September 23, 2016, the City and Global confirmed the City’s termination for convenience of Global’s responsibilities as manager and operator of the Colony Theatre, as permitted in subsection 12.2(c) of the Agreement. Global’s management responsibilities for the Miami Beach Convention Center did not change.

 

In September 2018, the City and Global executed Amendment No. 2, extending the term of the Agreement for an additional two years, commencing on October 1, 2020 and expiring on September 30, 2022, for a total term of nine years, including all prior renewals and extensions.

 

Global, during calendar year 2018, advised the Administration that they incurred approximately two hundred thousand dollars ($200,000) in expenses in employee severance costs, recruiting fees and interim General Manager support costs. Global agreed that such costs could be deemed by Global as a capital contribution, to be amortized on Global’s books over the period from October 1, 2018 to September 30, 2022, and accordingly, the City would not be responsible to Global for reimbursing Global for these costs, even in the event of an early termination of the Agreement.

 

In September 2019, the Mayor and Commissioners approved Amendment No. 3 to the Agreement, which   increased Global's monthly impress amount for the operation of the Convention Center from $500,000 to an amount not to exceed $1,000,000 to accommodate the current level and projected operating expenses to ensure continuity of operations during the critical initial years following the completion of the Convention Center Project and the symmetry of the management and maintenance of the Miami Beach Convention Center (“MBCC”) campus. This change allowed Global to keep more of the profit in their accounts for operating expenses, rather than transferring full amounts every month, where the City of Miami Beach may have to transfer some funds back to cover large upfront costs during conventions like Art Basel (catering and food costs often come up front, when the monies are not received from the client until reconciliation, following the event). This increase is meant to reduce the amount of administration time spent on transferring funds back and forth to cover these high traffic periods.

 

Shortly after the execution of Amendment #3, Global agreed to assume to manage and maintain Collins Canal Park and Pride Park, including the mangroves along Collins Canal within the footprint of the park for an annual fee of seventy-five thousand dollars ($75,000) in connection with the management and maintenance of the green spaces and the mangroves. Likewise, with the completion of Collins Canal Park, Global agreed to manage and maintain the two City facilities, formerly the Carl Fisher Clubhouse and Little Stage Theater/Annex (Clubhouse Buildings) for the purposes of dining and catering facilities. The food and beverage management of the two facilities was awarded to Centerplate.

ANALYSIS:

As COVID-19 blanketed the world in 2020, the MBCC received a Temporary Certificate of Occupancy in April 2020, and the calendar of events was robust, the convention and conference industry and community engagements came to an abrupt halt. Due to the global pandemic, the MBCC Global team was unable to book, host and execute events. To date, MBCC has lost the ability to host over 60 events and has had an adverse impact on the overall operations and management of the venue. Moreover, in service to the community, the MBCC was converted to an Alternative Care Facility – which wasn’t activated, and the adjacent street continues to serve as a drive-up  COVID-19 testing site.

 

The $620 million renovated and expansion of MBCC is open to great expectations from the local, regional and national communities. After many years of living and working through construction which substantially reduced the availability of MBCC for events, thereby limiting Global's ability to book events and generate revenues under the Management Agreement, the renovated center hosts 500,000 square feet of renovated exhibit space, a 60,000 square foot grand ballroom, 20,000 square foot glass rooftop junior ballroom and 84 meeting rooms. The Center can now host more than 10,000 for a formal dinner, accommodate 800 vehicles in rooftop parking, and will continue to host world-class events.

 

Global has proposed an Amendment #4 to the Agreement, based on the terms set forth below:

 

Additional Scope of Services

Global to manage, operate and maintain the following additional City Center Campus areas and facilities adjacent to the MBCC (collectively, the “Additional Facilities”):

· Carl Fisher Clubhouse and Annex (Clubhouse Buildings)

· Collins Canal Park (CCP) – (approximately 3 acres)

· Pride Park – (approximately 6 acres)

The Additional Facilities are depicted in the attached Exhibit “A

Management, Operations and Maintenance services

- Management of Additional Facilities will be same as obligations under existing Management Agreement.

- Operational and maintenance perspective: 24/7 coverage – Safety/ security patrols, cleaning, grounds keeping, engineering and maintenance.

- Management will also include the marketing, sales, and programming of Clubhouse Buildings, CCP, Pride Park.

Management Fee

The current Management Fee shall be increased by $75,000 annually, subject to CPI adjustment.

 

Term Extension

Amendment No. 4 to the Agreement for this additional scope/ incremental compensation will run coterminous with Spectra’s current agreement for the MBCC. Amendment No. 4 proposes to extend the term of the Agreement for an additional eighteen (18) month period commencing on October 1, 2022 and ending on March 31, 2024.

Incentive Fee Criteria Calculation

In 4.3(b)(1)(A)(i), amend criteria to delete Fire Inspector and Valet Parking Services considering Spectra is not responsible for these. Parties discussing replacement criteria.

 

The addition of Pride Park, Collins Canal Park and the Clubhouse Buildings will enhance the attractiveness and value of the MBCC to return and new clients as Art Basel, Miami Boat Show and beyond.

 

To ensure continuity of operations during the upcoming critical years of recovery from the pandemic, and the hopeful return of international and domestic conventions, conferences and destination meetings, symmetry of the management and maintenance of the MBCC campus is critical.

 

Accordingly, it is the Administration’s recommendation to approve Amendment No. 4 to the Global agreement to incorporate the addition to the scope of work the maintenance and management of Pride Park, Collins Canal Park and the Clubhouse Buildings, thereby increasing the Management Fee to an amount not to exceed $75,000, annually; to delete from the annual incentive survey, client satisfaction of the fire marshal and valet services as being outside the scope of Global; and to further extend the term of the agreement for a period that is coterminous with COVID-19 related impacts, approximately eighteen (18) months, which would extend the Global term commencing on October 1, 2022, and ending on February 28, 2024. Additionally, the Administration a waiver, by 5/7th vote, of the competitive bidding requirement in Section 2-367(e) of the City Code.


CONCLUSION:

The Administration recommends that the Finance and Economic Resiliency Committee review the terms as set forth in this Memorandum, and favorably recommend that the City Commission approve Amendment #4 to the Agreement. As set forth above, Amendment #4 shall require a waiver of the competitive bidding requirement required by Section 2-367€ of the City Code, finding such waiver to be in the best interest of the City.


Applicable Area

Citywide
Is this a "Residents Right to Know" item, pursuant to City Code Section 2-14? Does this item utilize G.O. Bond Funds?
No No 

Strategic Connection

Prosperity - Develop the Convention Center campus.