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HomeMy WebLinkAboutR-99-0642J-99-726 9/1/99 ell , � RESOLUTION NO. �`' AN RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO THE MANAGEMENT AGREEMENT WITH GLOBE FACILITY SERVICES, INC., IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WHICH SHALL PROVIDE FOR ASSIGNMENT FROM GLOBE FACILITY SERVICES, INC. TO GLOBE FACILITIES LIMITED PARTNERSHIP. WHEREAS, on October 1, 1997, a Management Agreement was executed between the City of Miami and Globe Facility Services, Inc. to manage the Miami Convention Center activities and operations; and WHEREAS, Globe Facility Services, Inc. formed Globe Facilities Limited Partnership, and transferred its business interests to the partnership, retaining a 98% limited partnership interest, and Globe Facility Services, Inc.'s wholly owned subsidiary is the general partner to Globe Facilities Limited Partnership; and WHEREAS, Globe Facility Services, Inc. requests that the City consent to the assignment of aforementioned Management Agreement to Globe Facilities Limited Partnership; and WHEREAS, Section 25.1 of the Management Agreement provides CITY' COYrIIUSSI®N MEETING OF S F P 2 1 1999 'hAg{usoluuun� allo. that in the event of any assignment by Globe Facility Services, Inc. to an affiliate, parent or subsidiary which is an entity which is substantially owned or controlled by Globe Facility Services, Inc. or which retains substantially similar management and directors and where such assignment is intended to accomplish an internal corporate purpose of Globe Facility Services, Inc. as opposed to materially and substantially altering the method of delivery of services to City, the City agrees not to withhold its consent for such assignment. NOW THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are hereby adopted by reference thereto and incorporated 'herein as if fully set for this in this Section. Section 2. The City Manager is hereby authorizedll to execute an Amendment to the Management Agreement with Globe Facility Services, Inc., in a form acceptable to the City �i The herein authorization is further subject to compliance with all requirements that may be imposed by the City Attorney, including but not limited to those prescribed by applicable City Charter and Code provisions. Attorney, providing for the assignment of the Management Agreement to Globe Facilities Limited Partnership. Section 3. This Resolution shall become effective upon its adoption and signature of the Mayoral. PASSED AND ADOPTED this 21st day of September 1 1999. JOE CAROLLO, MAYOR In accordance with Miami Code Sec. 2.36, since the Mayor did not indicate approval of this legislation by signing it in the cis sigr: ted place provided, said N becomes effective with the olapse often (10) days m the dL,,c of Ccrr regarding same, without the Mayor ra n o. ATTEST: aitftr • eman. City Clerk WALTER JOEMAN CITY CLE.l 3S :e If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission. 3 - a ` �I (i e) 09 A � .E CITY OF MIAMI CITY ATTORNEY'S OFFICE JUN 2 2 logo MEMORANDUM TO: Christina Abrams Conferences & Conventions FROM: RZY1999 Diaz, Assistant City Attorney DATE: J I RE: Globe Facility Services, Inc. You have asked us to determine whether a proposed assignment of all of Globe Facility Services, Inc.'s ("Globe") business interests to Global Facilities Limited Partnership is permissible under the existing Professional Management Services Agreement ("Agreement'') between the City of Miami ("City") and Globe. The answer to your query is in the affirmative, subject to the following, caveats. On page 27 of the Agreement. Globe agrees that an}, assignment of business interests shall be subject to the City's approval. The City agrees that, in the event the assignment is made to an affiliate, parent or subsidiary which is substantially owned by_ Globe. it shall not withhold its consent. Therefore. --a resolution authorizing the assignment should be presented to the City Commission for its approval at the earliest possible time. If you have any further questions, please contact me. ROD/bt AbramsChristina.doc S9- 042 TO: The Honorable Mayor and Members of the City Commission FROM:�arsaw na City Manager CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM CA=17 DATE: a' - - - FILE: SUBJECT: Resolution Authorizing City Manager to Execute an Amendment to Agreement with Globe Facility REFERENCES :Services, Inc. ENCLOSURES: RECOMMENDATION: It is respectfully recommended that the City Commission adopt the attached Resolution authorizing the City Manager to execute an Amendment to the Management Agreement with Globe Facility Services, Inc., in a form acceptable to the City Attorney, providing for the assignment from Globe Facility Services, Inc. to Globe Facilities Limited Partnership. BACKGROUND: On October 1, 1997, a Management Agreement was executed between the City of Miami and Globe Facility Services, Inc. ("GFS") to manage the Miami Convention Center in all of its activities and operations. GFS has formed Globe Facilities Limited Partnership and has transferred its business interests to Globe Facilities Limited Partnership. GFS is retaining a 98% limited partnership interest in Globe Facilities Limited Partnership and GFS' wholly owned subsidiary is the general partner to the Partnership. GFS has requested the City's consent to the assignment of the Management Contract to Globe Facilities Limited Partnership. The City Attorney's Office has advised that, as the assignment is made to an affiliate, parent or subsidiary which is substantially owned by Globe, the City shall not withhold its consent. )\k DHWCPA/yp 91- 642