Amendment No. 1 to the Agreement with Van Daalen Tennis, LLC2e8 '303.y)
AMENDMENT NO. 1
TO VAN DAALEN TENNIS, LLC ONE (1) YEAR PILOT
AGREEMENT TO PROVIDE PROGRAMMING AT THE
CITY'S MIAMI BEACH TENNIS CENTER
This Amendment No. 1 ( "Amendment ") to the Agreement, dated AU` 3o, 2017 , by
and between the City of Miami Beach, Florida, a municipal corporation organized and existing
under the laws of the State of Florida, having its principal place of business at 1700 Convention
Center Drive, Miami Beach, Florida 33139 (the "City"), and Van Daalen Tennis, LLC, a Florida
limited liability company, having its principal place of business at 15051 Royal Oaks Lane, Apt.
1604, North Miami, Florida 33181 ( "CONTRACTOR "), is entered into this 2A+ day of
7%0,1st , 2018.
RECITALS
WHEREAS, 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 517th 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; and
WHEREAS, on August 30, 2017, the City and CONTRACTOR executed the Van Daalen
Tennis, LLC. One (1) Year Pilot Agreement (the "Agreement ") to Provide Programming at the
City's North Shore Tennis Center now known as Miami Beach Tennis Center (the "Center "); and
WHEREAS, on April 11, 2018, the City Commission adopted Resolution No. 2018-
30279, changing the name from North Shore Tennis Center to Miami Beach Tennis Center; and
WHEREAS, CONTRACTOR has requested approval of a term extension of six months
from the completion of the scheduled construction projects at the Miami Beach Tennis Center
and has agreed to pay the City the total sum of $500.00 ( "Education Compact Fund
Contribution ") to fund the City's educational initiatives; and
WHEREAS, on June 6, 2018, the Mayor and City Commission adopted Resolution No.
2018- 30330, accepting the recommendation of the Finance and Citywide Projects Committee,
at its May 18, 2018 meeting, approving Amendment No. 1 to the Agreement, said Amendment,
in material part, (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; and (6) providing the City with utilization of courts for
City produced tennis related special events and /or City sponsored special events.
NOW THEREFORE, in consideration of the mutual promises and conditions contained
herein, and other good and valuable consideration, the sufficiency of which is hereby
acknowledged, the City and Contractor hereby agree to amend the Agreement as follows:
Page 1 of 5
1. ABOVE RECITALS.
The above recitals are true and correct and are incorporated as part of this Amendment.
2. MODIFICATIONS.
The Agreement is hereby amended (deleted items struck through and inserted items
underlined) as follows:
(a) Subsection 2.1 of the Agreement is hereby deleted in its entirety and replaced with the
following:
2.1 The City owns and operates that certain recreational facility commonly known
as the Miami Beach Tennis Center, located at 501 72nd Street, Miami Beach,
Florida 33141 (the "Center ").
(b) Subsection 6.4.2 of the Agreement is hereby amended to read as follows:
CONTRACTOR agrees to provide free instructional lessons to after- school and
summer camp participants, to be mutually agreed upon by the parties. Use of
courts pursuant to the immediately preceding sentence shall be deemed to be
the utilization of courts for public usage. 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 durin• the scheduled summer sorts s.ecialt cam • for a total of ten
,(10) hours, typically between the hours of 9:30 am and 12:00 pm, 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.
(c) Subsection 7.1 of the Agreement is hereby amended to read as follows:
7.1 The CONTRACTOR must comply with the fee schedule for professional tennis
instruction that offers the tennis patron a choice in instructor level and hourly fee
commensurate with the instructor's level, as agreed upon and listed in Exhibit "A"
(to be provided by the CONTRACTOR) attached hereto. Any change of this said
fee and instructor levels shall be approved by the City prior to implementation of
fees.
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 serve basis for
members and resident nonmembers. The club basket will be 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 the play time of a tennis court user (for a lesson, clinic, etc.) is interrupted
due to weather resulting in less than 30 minutes of play, the user will be
entitled to a reimbursement /pay- out/raincheck. If there is a weather
interruption, but the play time exceeded 30 minutes, it will be at the discretion
Page 2 of 5
(d) Subsection
following:
of the CONTRACTOR as to whether or not to offer a reimbursement/pay-
out/raincheck. Furthermore, light fees will only be charged to non - members.
Those purchasing memberships will not be required to pay light fees.
7.6 of the Agreement is hereby deleted in its entirety and replaced with the
7.6 The CONTRACTOR shall utilize RecTrac, the City's current recreation
software system, 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.
(e) Subsection 14.2 of the Agreement is hereby deleted in its entirety and replaced with the
following:
14.2 City Special Events.
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.
3. RATIFICATION.
Except as amended herein, all other terms and conditions of the Agreement shall remain
unchanged and in full force and effect. In the event there is a conflict between the provisions of
this Amendment and the Agreement, the provisions of this Amendment shall govern.
Page 3 of 5
IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be executed
by their appropriate officials, as of the date first entered above.
THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK.
Page 4 of 5
FOR CITY:
ATTEST:
By:
CITY OF MIAMI BEACH, FLORIDA
Raf., °' E. Gra ado, City Cler
Date
FOR CONTRACTOR:
ATTEST:
By:
P
w s
Print ame and Title
4
4
elber, Mayor
INCORP ORATED
14-ssi sia Al-
b;
e vs tP
Date
alen Tennis, LLC
Director of Programming
Martin Van Daalen
Print Name
Page 5 of 5
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
cs
City At orney
Dote