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Resolution 2020-31135 RESOLUTION NO. 2020-31135 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING RESOLUTION NO. 2019-30834, WHICH AUTHORIZED THE ADMINISTRATION TO NEGOTIATE AND EXECUTE AN AGREEMENT WITH MIAMI BEACH TENNIS MANAGEMENT, LLC (MBTM), PURSUANT TO REQUEST FOR PROPOSALS NO. 2019-046-WG FOR TENNIS MANAGEMENT AND OPERATIONS SERVICES AT THE CITY'S FLAMINGO PARK TENNIS CENTER (THE RFP); THIS AMENDMENT, TERMINATING NEGOTIATIONS WITH MBTM; REJECTING ALL OTHER PROPOSALS PURSUANT TO THE RFP; AND TERMINATING THE RFP PROCESS; AUTHORIZING THE CITY'S PARKS AND RECREATION DEPARTMENT TO TAKE OVER THE MANAGEMENT AND OPERATION OF THE CENTER AS A PILOT PROGRAM, BEGINNING IN FEBRUARY, 2020 AND ENDING ON SEPTEMBER 30, 2020; AND FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AGREEMENTS, WITH EXISTING MBTM STAFF OR WITH OTHER PROFESSIONALS/SERVICE PROVIDERS, AS NECESSARY, TO MAINTAIN OPERATIONS, FOR FRONT DESK DUTIES, COURT MAINTENANCE AND PROGRAMMING AT THE CENTER, SUBJECT TO THE APPROVAL OF A BUDGET AMENDMENT TO COVER SUCH PROJECTED OPERATING AND STAFFING EXPENSES, IN THE APPROXIMATE TOTAL AMOUNT OF $715,000. WHEREAS, on July 14, 2014, the City and Miami Beach Tennis Management entered into an agreement to provide professional tennis management and operations services at the City's Flamingo and North Shore Tennis Centers for an initial term of three (3) years, with two (2) additional one-year terms (the "Agreement"); and WHEREAS, on July 26, 2017, the Mayor and City Commission adopted Resolution No. 2017-29935, approving Amendment No. 1 to the Agreement, providing for the removal of the North Shore Tennis Center from the scope of the Agreement, and reducing the Minimum Guarantee payments due to the City; and WHEREAS, at the May 16, 2018 Commission meeting, City Commission approved Amendment No. 2 to the Agreement, acknowledging the renewal of the last one-year renewal option, from June 1, 2018 — May 31, 2019, and updating various contractual provisions to standardize both tennis centers (the Agreement, Amendment No. 1, and Amendment No. 2 shall be collectively referred to herein as the "Agreement"); and WHEREAS, on February 13, 2019, the Mayor and City Commission approved the issuance of Request for Proposals No 2019-046-WG for Professional Tennis Management and Operational Services at the City's Flamingo Park Tennis Center(the "RFP"); and WHEREAS, on May 8, 2019, the Mayor and City Commission approved Resolution No. 2019-30834, accepting the recommendation of the City Manager, pursuant to the RFP, and authorizing the Administration to enter into negotiations with Miami Beach Tennis Management, LLC (MBTM), as the top ranked proposer; and, if unsuccessful in negotiating an agreement with MBTM, authorizing the Administration to negotiate an agreement with All Florida Tennis, LLC, as the second ranked proposer; and, if unsuccessful in negotiating an agreement with All Florida Tennis, LLC, authorizing the Administration to enter into negotiations with Van Daalen Tennis, LLC, as the third ranked proposer; and WHEREAS, Resolution No. 2019-30834 also authorized the Mayor and City Clerk to execute an agreement upon conclusion of successful negotiations by the Administration; and further authorized the City Manager to execute a month to month extension of the current agreement with MBTM until such time as a new agreement was executed; and WHEREAS, on January 9, 2020, MBTM provided the Parks and Recreation Department with a letter confirming BMTM's intent to terminate the Agreement in thirty (30) days, pursuant to the month to month term of the Agreement, effective January 8, 2020; and WHEREAS, based upon MBTM's notification, the City Manager recommends terminating negotiations for a new agreement with MBTM; and WHEREAS, in light of the time that has expired since the adoption of Resolution No. 2019-30834, on May 8, 2019, the City Manager also recommends terminating the original RFP and rejecting all other proposals; and WHEREAS, in order to prevent the interruption of the current programming and instruction at the Center, the City Manager recommends that the Parks and Recreation Department take over operations and management of the Center, as a pilot program; and WHEREAS, the management of the Center by the Parks and Recreation Department would begin in February 2020 and conclude on September 30, 2020, during which time, the City could proceed with the issuance of a new Request for Proposals for the operation and management of the Center, or continue operating the Center; and WHEREAS, the Parks and Recreation Department would assume responsibility for overseeing programming, maintenance, money collection, and front desk operations of the Center; and WHEREAS, the Administration would also need to hire independent contractors to operate the front desk and provide court maintenance and tennis programming at the Center; and WHEREAS, with respect to these needed independent contractor positions, the Administration recommends authorizing the City Manager to negotiate and execute necessary agreements during this pilot program; this would require a budget amendment, in the amount of $715,000. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby amend Resolution No. 2019-30834, which authorized the Administration to negotiate and execute an agreement with Miami Beach Tennis Management, LLC (MBTM), pursuant to Request for Proposals No. 2019-046-WG for tennis management and operations services at the City's Flamingo Park Tennis Center (the RFP); this amendment, terminating negotiations with MBTM; rejecting all other proposals pursuant to the RFP; and terminating the RFP process; authorize the City's Parks and Recreation Department to take over the management and operation of the Center as a pilot program, beginning in February, 2020 and ending on September 30, 2020; and further authorize the City Manager to negotiate agreements, with existing MBTM staff or with other professionals/service providers, as necessary, to maintain operations, for front desk duties, court maintenance and programming at the Center, subject to the approval of a budget amendment to cover such projected operating and staffing expenses, in the approximate total amount of$715,000. PASSED and ADOPTED this 15th day of January, 2020. ATTEST: Dan Gelber, Mayor <-/y Rafael /Granada ity lerk 017 INCQp p ORATED` APPROVED AS TO FORM & LANGUAGE & FOR VECUTION ate.. 114' City Attorney Date Resolutions-C7 V MIAMI BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Jimmy L.Morales,City Manager DATE: January 15,2020 SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING RESOLUTION NO.2019-30834,WHICH AUTHORIZED THE ADMINISTRATION TO NEGOTIATE AND EXECUTE AN AGREEMENT WITH MIAMI BEACH TENNIS MANAGEMENT, LLC (MBTM), PURSUANT TO REQUEST FOR PROPOSALS NO. 2019-046-WG FOR TENNIS MANAGEMENT AND OPERATIONS SERVICES AT THE CITY'S FLAMINGO PARK TENNIS CENTER (THE RFP); THIS AMENDMENT, TERMINATING NEGOTIATIONS WITH MBTM; REJECTING ALL OTHER PROPOSALS PURSUANT TO THE RFP; AND TERMINATING THE RFP PROCESS; AUTHORIZING THE CITY'S PARKS AND RECREATION DEPARTMENT TO TAKE OVER THE MANAGEMENT AND OPERATION OF THE CENTER AS A PILOT PROGRAM, BEGINNING IN FEBRUARY, 2020 AND ENDING ON SEPTEMBER 30, 2020; AND FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AGREEMENTS,WITH EXISTING MBTM STAFF OR WITH OTHER PROFESSIONALS/SERVICE PROVIDERS,AS NECESSARY, TO MAINTAIN OPERATIONS, FOR FRONT DESK DUTIES,COURT MAINTENANCE AND PROGRAMMING AT THE CENTER,SUBJECT TO THE APPROVAL OF A BUDGET AMENDMENT TO COVER SUCH PROJECTED OPERATING AND STAFFING EXPENSES,IN THE APPROXIMATE TOTAL AMOUNT OF$715,000. RECOMMENDATION The Administration recommends that the Mayor and City Commission adopt the Resolution. BACKGROUND/HISTORY The City and Miami Beach Tennis Management, LLC, ("MBTM")entered into an agreement on July 14, 2014, to provide professional tennis management and operations services at the City's Flamingo Park and North Shore Park tennis centers,for an initial term of three(3) years with two(2)additional one-year terms(the"Agreement"). On July 26,2017,the Mayor and City Commission adopted Resolution No.2017-29935, approving Amendment No. 1 to the Agreement, providing for the removal of the North Shore Tennis Center from the scope of the Agreement and accordingly reducing the Minimum Guarantee payments due to the City. At the May 16,2018 Commission meeting,City Commission approved Amendment No.2 to the Agreement,acknowledging the renewal of the last one-year renewal option,from June 1,2018—May 31,2019,and updating various contractual provisions to standardize both tennis centers(the Agreement,Amendment No.1 and Amendment No.2 shall be collectively referred to herein as the Agreement). On February 13,2019 the Mayor and City Commission approved the issuance of Request for Proposals No.2019-046-WG(the"RFP")for Professional Tennis Management and Operational Services at the City's Flamingo Park Tennis Center(the"Center"). At the May 8, 2019 City Commission meeting, the Mayor and City Commission adopted Resolution No. 2019-30834 accepting the recommendation of the City Manager,pursuant to the RFP,authorizing the Administration to enter into negotiations with MBTM as the top ranked proposer;and,if unsuccessful in negotiating an agreement with MBTM,authorizing the Administration to enter into negotiations with All Florida Tennis, LLC, as the second ranked proposer;and if unsuccessful in entering into an agreement with All Florida Tennis, LLC, authorizing the Administration to enter into negotiations with Van Daalen Tennis, LLC,as the third ranked proposer. Resolution No.2019- 30834 also authorized the Mayor and City Clerk to execute an agreement upon conclusion of successful negotiations by the Administration; and further authorized the City Manager to execute a month to month extension of the Agreement with MBTM, until such time as a new agreement was executed. ANALYSIS On January 9,2020, MBTM provided the Parks and Recreation Department with a letter confirming MBTM's intent to terminate the Agreement in thirty(30)days,pursuant to the month to month term of the Agreement.MBTM's last operating day would be February 8,2020,at which point the Parks and Recreation Department would assume the operations and management of the Center. As such,the City Manager recommends terminating negotiations for a new agreement with MBTM and rescinding the award of the RFP to MBTM. In light of the time that has expired since the adoption of Resolution No.2019-30834, on May 8, 2019, the City Manager also recommends terminating the original RFP and rejecting all other proposals. Furthermore, the City Manager recommends that the Parks and Recreation Department take over the operations and management of the Center as a pilot program. The Center is a recreational jewel in South Florida and an asset to the City. This pilot program will give the parks and recreation department an opportunity to fully analyze the best course forward regarding the management and operation of the Center. The management of the Center by the Department would begin in February,2020 and end on September 30,2020. Parks and Recreation Department staff would assume responsibility for overseeing programming,maintenance,money collection and front desk operations.As a gap measure,all current employees of MBTM(front desk and maintenance personnel,tennis instructors,etc.)would have the opportunity to retain their employment by executing agreements with the City as independent contractors. All staff will be subject to performance evaluations, and retention will be based on need and performance. Additionally, the Administration may need to hire independent contractors in order to adequately staff the Center. The budgetary impact for the Parks and Recreation Department to assume the overall operations of the Flamingo Park Tennis Center is calculated at: Projected operating expenses:$75,000 Projected staffing expense:$640,000 Projected revenue:$665,000 Delta:-$50,000 The Parks and Recreation Department will request an amendment to their current budget to provide for the projected operating and staffing expenses, in the estimated amount of$715,000.The Department will work with the Budget Office to ensure proper budgeting procedures are followed. Applicable Area South Beach Is this a Resident Right to Does this item utilize G.O. Know item? Bond Funds? No No Legislative Tracking Parks and Recreation ATTACHMENTS: Description ❑ Exhibit A-January 9,2020 Letter from MBTM ❑ Resolution FLAMINGO PARK TENNIS CENTER MIAMI BEACH John Rebar January 8th, 2020 Director of Parks and Recreation City of Miami Beach Dear John, Please accept this correspondence as a formal letter of resignation for the Operations/Services Management contract at the Flamingo Park Tennis Center. It has been a privilege to serve the city and I will be diligent in all my efforts to provide a smooth transition. Please reach out to me as to the next steps so we can discuss all of our concerns. Sincerely, /10) tie 46.00 Howie Orlin President/MBTM