A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE FINANCE AND CITYWIDE PROJECTS COMMITTEE, AT ITS APRIL 20, 2018 MEETING, AND AUTHORIZING THE PURCHASE OF A TENNIS SOFTWARE SYSTEM, INCLUDING TRAINING SESSIONS, FROM VERMONT SYSTEMS, INC, IN AN AMOUNT NOT TO EXCEED $11,360.00, TO STANDARDIZE THE SOFTWARE FOR BOTH TENNIS CENTERS, AND APPROVING, IN SUBSTANTIAL FORM, AMENDMENT NO. 2 TO THE AGREEMENT BETWEEN THE CITY AND MIAMI BEACH TENNIS MANAGEMENT, LLC FOR TENNIS MANAGEMENT AND OPERATIONS SERVICES AT THE CITY'S FLAMINGO TENNIS CENTER; SAID AMENDMENT, IN MATERIAL PART: (1) ACKNOWLEDGING THE RENEWAL OF THE LAST ONE-YEAR RENEWAL OPTION (JUNE 1, 2018 - MAY 31, 2019) AND CONTRACTOR'S EDUCATION COMPACT FUND CONTRIBUTION, IN THE AMOUNT OF $10,000; (2) PROVIDING THE CITY WITH UTILIZATION OF COURTS FOR CITY PRODUCED TENNIS RELATED SPECIAL EVENTS AND/OR CITY SPONSORED SPECIAL EVENTS; (3) INCREASING THE ANNUAL MEMBERSHIP FEES AND ADDING LANGUAGE ADDRESSING LIGHT FEES; (4) INCLUDING USE OF CLUB BASKETS; (5) UPDATING THE TENNIS SOFTWARE PROVIDER; AND (6) UPDATING VARIOUS OTHER CLAUSES, INCLUDING REMOVING INAPPLICABLE LANGUAGE, 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 FINAL AMENDMENT.

Mayor and City Commission approval of Amendment No. 2, in substantial form, to the agreement between the City and Miami Beach Tennis Management, LLC for tennis management and operations services at the City’s Flamingo Tennis Center; said Amendment, in material part, providing for the addition of language related to membership rates, lighting fees, club baskets, requirements for tennis software, granting a procurement authority to add an additional software training session not to exceed $8,000 and 8 additional users not to exceed $3,360.00 to the City’s contract with Vermont Systems, Inc., maintenance repairs, equipment and court inspections and utilization of courts for City produced tennis related special events and/or city sponsored special events such as local and international tennis tournaments to be added to the scope of the agreement, removing language related to site inspection prior to agreement commencement date, food service management certification, City issued ID badges, reconciliation of accounts, and migration of employees, as applicable, 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 final Amendment.

At the March 7^th Commission Meeting, a discussion regarding the renegotiation of the Miami Beach Tennis Management, LLC Agreement to provide professional tennis management and operation services at the City’s Flamingo Park Tennis Center was referred to the Finance and Citywide Projects Committee (“FCWPC”).

The current agreement for professional tennis management and operations services at the Flamingo Park Tennis Center (Exhibits A and B) is set to expire on May 31, 2018 with the contractor, Miami Beach Tennis Management, LLC. The agreement allows for two (2) additional one (1) year renewal options; however, the City is seeking approval from the Commission on possibly renegotiating some of the terms of the agreement.

The City has met with Miami Beach Tennis Management to discuss renegotiating some of the terms of the current agreement (Exhibit C), of which the main highlights are outlined below:

Modification to Section 2: Centers to be Managed

2.2 Language regarding conducting a site inspection prior to the commencement date of the agreement has been deleted as it is no longer relevant.

Modification to Subsection 3.3: Food and Beverage Service

3.3.5 Language regarding the requirement of Food Service Management Certification has been deleted as it is no longer relevant.

Modification to Subsection 3.4: Sale of Tennis Pro Shop Related Items and Services

Language included that the Contractor will provide a club basket available for use on a first come first serve basis for members and resident nonmembers. Club Basket will be for a fee of $10.00 per hour for members and $20.00 per hour plus court fees for nonmembers. Usage of the club basket will be limited to no more than 2 players on a court.

Modification to Subsection 3.6: Personnel Background, ID Badge Requirements

Language regarding required City ID’s for Contractor personnel has been deleted as it is no longer relevant. 

Modification to Subsection 4.4: Reconciliation of Accounts as of Commencement Date

Deleted entirely as it is no longer relevant.

Modification to Subsection 8.6: Migration of Employees

Deleted entirely as it is no longer relevant.

Modification to Subsection 10: Tennis Fees, Charges and Programs & Related Services to be Provided

10.1 Weather and Light fee language modified to read: If a tennis user of a court, lesson, clinic, etc. play is affected with less than 30 minutes of play due to weather, the user will be entitled to a reimbursements/pay-out/raincheck. If play exceeds 30 minutes it’s at the discretion of the Contractor to offer a reimbursements/pay-out/raincheck.

Furthermore, Light Fees will only be charged to non-members. Those purchasing memberships will not be required to pay light fees.

10.7 Computer software system language deleted and replaced with: The Contractor shall utilize the City’s current recreation software system (i.e RecTrac/WebTrac) for the purposes of tracking reservations, financials, memberships, concessions, merchandise, etc. The Contractor shall have Tennis Module rights to the Flamingo Park Tennis Center computer software system. Additionally, phone and in-person reservations must be provided for by the Contractor all of which must be cross referenced to avoid overbookings, no-shows, and adherence to prioritization and utilization of courts for public usage by restricting lesson/clinic/programming courts during peak hours. All revenue collected at the Center must go through the City approved secured systems.

Modification to Subsection 11.2: Building(s) and Facilities Maintenance

Language included that the Contractor is responsible for servicing the landscaped area within the Center in accordance with City standards.

Modification to Subsection 11.5: Equipment

Language included to add the ice machine and note the Contractor is required to maintain ice machine at its own cost and expense.

Language referencing the $16,000.00 credit paid to Miami Beach Tennis Management by the City for equipment purchased by Miami Beach Tennis Management to operate and maintain the North Shore Tennis Center was removed.

Modification to Subsection 17.2 City Special Events

Language deleted and replaced with: Notwithstanding Subsection 17.1 above, and in the event the City, at its sole discretion, deems that it would be in the best interest of the City, the City reserves the right to utilize the Center for City produced tennis related special events and/or other City sponsored special events productions such as local and international tennis tournaments. In such cases, the City will coordinate with the Contractor to cooperatively produce such events. Contractor agrees that the number of courts utilized shall be determined by the City and that events will be held during the Center’s operating hours. Contractor will provide for at no charge a minimum of 224 court days. Under certain circumstance and with City approval, the City may allow for the Contractor to negotiate a per court usage fee if additional courts are required that exceed the minimum of 224 court days. The City at any time may require the use of all courts at no cost to the City with the approval of the City Commission. Contractor shall retain any income related to the special event and/or production as it pertains to food and beverage concessions, stringing and merchandise sales. Contractor agrees that facility usage for events may include use of: locker rooms, activity rooms and office space, umpire chairs, umbrellas, coolers, scoreboards, net-sticks and the like. If negotiations between the City and the Contractor prove to be unsuccessful, the Contractor shall cease and desist operations during the term of, and in the area of the special event and/or production.

At the direction of the Commission, the discussion of the proposed modifications to the agreement with Miami Beach Tennis Management was heard at the April 4^th, 2018 Parks and Recreational Facilities Advisory Board meeting where the Board unanimously passed the following motion: The Parks and Recreational Facilities Advisory Board motions to favorably recommend extending the one year renewal of the Management Agreement with Miami Beach Tennis Management to include the amendments made to the agreement as discussed at our Board meeting. (Exhibit D)

It is also important to note that the Parks and Recreational Facilities Advisory Board discussed current tennis membership fees and recommended an increase to the fees which have not been raised since 2003. The Board unanimously passed the following motion: The Parks and Recreational Facilities Advisory Board motions to recommend increasing tennis membership fees and eliminating light fees for members.

Resolution 2003-25299 (Exhibit E) established an administrative process to review all City fees based on a threshold change in the Consumer Price Index (CPI) in concert with a survey of fees for similar services in surrounding communities or an increased cost for providing such service. The CPI from 2003 to 2018 has increased by 35.3%. The Department has conducted research on fee scales for similar tennis complexes located in cities such as Coral Gables, Sunrise, North Miami Beach, Pembroke Pines and Hollywood and as such is recommending a slight increase in annual memberships for adults and families as follows:

**There would be no increase to these resident rates.

The proposed rates would be inclusive of the current $1.50 per hour light fee upon paid membership. Light fees would still be charged to non-members.

At the April 20, 2018 FCWPC meeting, Committee members discussed the changes to the amendment. They discussed clarification on the use of club baskets and secure payments. They also agreed to remove the dual membership option for the amendment and for it to be discussed during another time. The contract amendment was moved as amended.