Item Coversheet

Resolutions - C7  M




COMMISSION MEMORANDUM

TO:Honorable Mayor and Members of the City Commission 
FROM:Jimmy L. Morales, City Manager 
DATE:June  6, 2018
 



SUBJECT:

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 MAY 18, 2018 MEETING, TO APPROVE A TERM EXTENSION OF THE ONE YEAR PILOT AGREEMENT WITH VAN DAALEN TENNIS, LLC (CONTRACTOR) TO PROVIDE TENNIS PROGRAMMING AT THE MIAMI BEACH TENNIS CENTER, AS A RESULT OF CONSTRUCTION INTERRUPTION, TO A DATE THAT IS SIX (6) MONTHS FROM COMPLETION OF THE SCHEDULED CONSTRUCTION PROJECTS AT THE CENTER; AND TO APPROVE, IN SUBSTANTIAL FORM, AMENDMENT NO. 1 TO THE AGREEMENT; SAID AMENDMENT, IN MATERIAL PART: (1) ACKNOWLEDGING THE TERM EXTENSION AND CONTRACTOR'S CONTRIBUTION TO THE CITY'S EDUCATION COMPACT FUND, IN THE AMOUNT OF $500.00; (2) UPDATING THE NAME OF THE CENTER TO REFLECT "MIAMI BEACH TENNIS CENTER"; AND (3) ADDING LANGUAGE: (I) ADDRESSING LIGHT FEES AND CLUB BASKETS; (II) ADDRESSING PAYMENT TO CONTRACTOR FOR THE CITY'S SUMMER SPORTS SPECIALTY CAMP; (III) UPDATING THE TENNIS SOFTWARE PROVIDER; AND (IV) PROVIDING THE CITY WITH UTILIZATION OF COURTS FOR CITY PRODUCED TENNIS RELATED SPECIAL EVENTS AND/OR CITY SPONSORED SPECIAL EVENTS, 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.


RECOMMENDATION

Mayor and City Commission approval of the recommendation of the Finance and Citywide Projects Committee at its May 18, 2018 meeting, to approve a term extension of the one year pilot agreement with Van Daalen Tennis, LLC to provide tennis programming at the Miami Beach Tennis Center, dated August 30, 2017 (Agreement), to a date that is six (6) months from the completion of the scheduled construction projects at the center; and to approve, in substantial form, Amendment No. 1 to the Agreement; said Amendment, in material part: (1) acknowledging the Contractor’s education compact fund contribution, in the amount of $500.00; (2) updating the name of the center to reflect “Miami Beach Tennis Center”; and (3) adding language: (i) addressing light fees and club baskets; (ii) addressing payment to Contractor for the City’s summer sports specialty camp; (iii)  updating the tennis software provider to reflect Vermont Systems, Inc; and (iv) providing the City with utilization of courts for City produced tennis related special events and/or City sponsored special events, 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.

ANALYSIS

At the April 11, 2018 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 Miami Beach Tennis Center (formerly known as North Shore Tennis Center), was referred to the Finance and Citywide Projects Committee (“FCWPC”).

 

The City has met with Van Daalen Tennis, LLC. to discuss the renegotiation of some of the terms in the current agreement (Exhibit B). The main highlights are outlined below:

 

Modification to Section 2: The Center

2.1 Language identifying “the Center” as the North Shore Tennis Center has been changed to the Miami Beach Tennis Center.

 

Modification to Section 6.4: Public Benefits

6.4.2 Language added to include the following: Additionally, in connection with the Parks and Recreation Department’s summer sports specialty camp program, CONTRACTOR agrees to provide two instructors, who will provide tennis classes for the participants enrolled in the summer sports specialty camp for one week during the scheduled summer sports specialty camp, for a total of ten (10) hours, typically between the hours of 9:30 a.m. and 12:00 p.m., for the total fee of $850.00. CONTRACTOR and City shall reach an agreement with respect to the dates, times and locations for the summer sports specialty camp.

 

Modification to Section 7: Tennis Fees, Programs & Related Services to be Provided

7.1 Language added to include: CONTRACTOR shall also comply with the City’s established fees for hourly tennis court play, annual permits and other specialized play. CONTRACTOR will provide a club basket available for use on a first-come first-served basis for members and resident nonmembers, for a fee of $10.00 per hour for members, and $20.00 per hour plus court fees for resident nonmembers. Usage of the club basket will be limited to no more than 2 players on a court. 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 reimbursement/pay-out/raincheck. If play exceeds 30 minutes it’s at the discretion of the CONTRACTOR to offer a reimbursement/pay-out/raincheck. Furthermore, Light Fees will only be charged to nonmembers. Those purchasing memberships will not be required to pay Light Fees.  

 

7.6 Computer software system language deleted and replaced with: The CONTRACTOR shall utilize the City’s current recreation software system (i.e.  Rec Trac) for the purposes of tracking reservations, financials, memberships, concessions, merchandise, etc. The CONTRACTOR shall have Tennis Module rights to the Miami Beach 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’s secured systems.

 

Modification to Subsection 14.2 City Special Events

Language deleted and replaced with: Notwithstanding Subsection 14.1 above, and in the event that 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 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.

 

The discussion of the agreement extension and the proposed modifications to the agreement with Van Daalen Tennis, LLC. was heard at the May 2, 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 a term extension of 6 months after` the completion of the scheduled construction projects at the Miami Beach Tennis Center for Van Daalen Tennis, LLC. to include the amendments made to the agreement as discussed at our Board meeting (Exhibit C).

 

It is important to note that since Van Daalen Tennis, LLC. took over programming at the Miami Beach Tennis Center, both programming and merchandise revenues have seen a steady increase. 

 

Customer satisfaction has played a big factor in the success of the revitalization of the Miami Beach Tennis Center due to the quality of programming offered, as well as the professionalism displayed by the Contractor and his team. It is anticipated that, at the completion of all pending construction projects, Van Daalen Tennis, LLC. will continue to provide and expand program offerings for residents and tourists at a new, world-class facility.

Legislative Tracking
Parks and Recreation
Sponsor
Commissioner John Elizabeth Aleman

ATTACHMENTS:
Description
Exhibit A – Van Daalen Tennis, LLC. Pilot Agreement
Exhibit B – Draft Amendment No. 1 to MVD Pilot Agreement
Exhibit C – LTC 249-2018 Advisory Board Motions
Resolution