A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING, IN SUBSTANTIAL FORM, AMENDMENT NO. 4 TO THE AGREEMENT WITH VAN DAALEN TENNIS, LLC (CONTRACTOR), TO PROVIDE TENNIS PROGRAMMING AT THE MIAMI BEACH TENNIS CENTER, DATED AUGUST 30, 2017; SAID AMENDMENT PROVIDING COVID-19 FINANCIAL RELIEF TO CONTRACTOR, BY LOWERING THE MINIMUM GUARANTEE PAYMENT REQUIRED UNDER THE AGREEMENT TO $3,000 PER MONTH, EFFECTIVE OCTOBER 1, 2020, UNTIL SUCH TIME AS CONTRACTOR IS AUTHORIZED TO OPERATE THE CENTER WITHOUT THE SOCIAL DISTANCING REQUIREMENT, SUBJECT TO FINAL NEGOTIATIONS BY THE ADMINISTRATION AND REVIEW AND FORM APPROVAL BY THE CITY ATTORNEY; AND FURTHER AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE AMENDMENT.

Adopt the Resolution.

On July 26, 2017, the Mayor and City Commission adopted Resolution Number 2017-29936, accepting the written recommendation of the City Manager and waiving, by 5/7^th vote, the competitive bidding requirement, finding such waiver to be in the best interest of the City; and approving, in substantial form, a one (1) year pilot agreement between the City and Van Daalen Tennis, LLC. for programming at the City’s Miami Beach Tennis Center.

On August 30, 2017, the City and Van Daalen Tennis, LLC. (“Contractor”) executed the One (1) Year Pilot Agreement (the “Agreement”) to provide tennis programming at the City’s North Shore Tennis Center, now known as the “Miami Beach Tennis Center” (the “Center”).

At the April 11, 2018 City Commission meeting, a discussion regarding a term extension of 6-months for Van Daalen Tennis, LLC. to provide programming, following the completion of the scheduled construction projects at the “Center” was referred to the Finance and Citywide Projects Committee (“FCWPC”).

On April 11, 2018, the City Commission adopted Resolution No. 2018-30279, changing the name from North Shore Tennis Center to the Miami Beach Tennis Center.

On June 6, 2018, the Mayor and City Commission adopted Resolution No. 2018-30330, accepting the recommendation of the FCWPC’s meeting on May 18, 2018 approving Amendment No. 1 to the Agreement. The Amendment stated the following:

1. Acknowledging the term extension of six months at the completion of the scheduled construction projects at the Miami Beach Tennis Center for Van Daalen Tennis, LLC.

2. Acknowledging the Contractor’s education compact fund contribution, in an amount of $500.00 (3) providing for the addition of language related to identifying the center as the Miami Beach Tennis Center.

3. Adding language addressing light fees and club baskets.

4. Adding language regarding payment to Contractor for the City’s summer sports specialty camp.

5. Updating the tennis software provider.

6. Providing the City with utilization of courts for City produced tennis related special events and/or City sponsored special events to be added to the scope of the Agreement.

At the April 10, 2019 City Commission meeting, City staff updated the City Commission with respect to the opening of the Center, which was slated to occur during late spring or summer of 2020, and that prior to the end of the term, the Administration would bring forth a procurement item so that the Agreement may be competitively bid. At the same meeting, Administration discussed the fact that since the Contractor took over the programming, the Center experienced an increase in participation numbers and therefore an increase in both programming and merchandise revenues. As such, Resolution No. 2019-30776 was passed approving Amendment No. 2 to the pilot agreement to adjust the Contractor’s programming and management fee from $500,000.00 to a not to exceed amount of $750,000.00 per year during the term of the agreement to correspond to the programming demands.

At the July 19, 2019 Finance and Citywide Projects Committee meeting, a motion was made to have the Parks and Recreation Department amend the Van Daalen Tennis, LLC (Contractor) Pilot Agreement, providing programming at the City’s Miami Beach Tennis Center, by shifting the responsibility of operating and personnel cost to the Contractor.

At the July 31, 2019 City Commission meeting, Resolution No. 2019-30923 was passed to amend the Pilot Agreement with Van Daalen Tennis, LLC. (Contractor) to provide programming at the City’s Miami Beach Tennis Center; said amendment transferring, from the City to the Contractor, the responsibility for payment of operational and personnel expenses at the Center. During the October 16, 2019 City Commission meeting, Resolution No. 2019-31029 was passed approving Amendment No. 3.

On March 12, 2020, in line with Executive Order 20-52 instituted by Governor Ron DeSantis and emergency declaration issued by County Mayor Carlos Gimenez, the City Manager declared a State of Emergency, in response to the coronavirus (COVID-19) pandemic. Since then, the Mayor and City Commission have adopted several resolutions authorizing the City Manager to extend the duration of the State of Emergency and implement discretionary emergency measures deemed necessary to address the COVID-19 crisis and to protect the public health, safety and welfare of the people of the City of Miami Beach.

Part of these measures included temporarily closing parks and facilities to the public, which included suspending programming. The Miami Beach Tennis Center was closed from March 19, 2020 through April 28, 2020 and reopened with strict social distancing policies that have greatly impacted revenue.

Following the City’s initiative passed through Resolution No. 2020-31332 to offer rent relief to operators of City-owned property, Administration would like to provide relief to the Contractor by lowering their monthly minimum guarantee to $3,000.00 beginning in October 2020 and ending once regular programming operations resume.