Resolution 2019-30923 RESOLUTION NO. 2019-30923
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
JULY 19, 2019 MEETING, 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 CONTRACTOR,
THE RESPONSIBILITY FOR PAYMENT OF OPERATIONAL AND
PERSONNEL EXPENSES AT THE CENTER.
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 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"); and
WHEREAS, 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"); and
WHEREAS, on April 11, 2018, the Mayor and City Commission adopted Resolution
No. 2018-30279, changing the name of the Center from the North Shore Tennis Center to the
Miami Beach Tennis Center; and
WHEREAS, 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 meeting
approving Amendment No. 1 to the Agreement, including the following essential terms:
(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;
(4) Adding language addressing light fees and club baskets;
(5) Adding language regarding payment to Contractor for the City's summer sports
specialty camp;
(6) Updating the tennis software provider; and
(7) 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; and
WHEREAS, at the April 1.0, 2019 City Commission Meeting, City staff updated the City
Commission with respect to the opening of the Center, which is slated to occur during late
Spring or Summer of 2020, and that prior to the end of the term, the Administration would be
bringing forward a procurement item so that the Agreement may be competitively bid; and
WHEREAS, since Contractor took over the programming, the Center experienced an
increase in participation numbers and therefore an increase in both programming and
merchandise revenues; and
WHEREAS, at the April 10, 2019 City Commission Meeting, 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; and
WHEREAS, 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; and
WHEREAS, currently, the operating and personnel cost is paid from the Parks and
Recreation Department budget, funded by the General Fund, and this shift in responsibilities will
yield an annual savings to the City in the approximate sum of$182,000.00.
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 accept the recommendation of the Finance and Citywide Projects
Committee at its July 19, 2019 meeting amending 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 Contractor, the responsibility for payment of
operational and personnel expenses at the Center.
PASSED AND ADOPTED this 31st day of July, 2019.
Dan Gelber, Mayor
ATTEST:
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Granado, City Clerk
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Resolutions -C7 M
MIAMI BEAH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Jimmy L. Morales, City Manager
DATE: July 31, 2019
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 JULY 19,
• 2019 MEETING, 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 CONTRACTOR, THE
RESPONSIBILITY FOR PAYMENT OF OPERATIONAL AND PERSONNEL
EXPENSES AT THE CENTER.
RECOMMENDATION
The Mayor and City Commission accept the recommendation of the Finance and Citywide Projects
Committee at its July 19, 2019 meeting amending 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 Contractor, the responsibility for payment of operational and personnel
expenses at the Center.
ANALYSIS
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.
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 Mayor and City Commission adopted Resolution No. 2018-30279, changing
Page 290 of 1288
the name of the Center from the North Shore Tennis Center to the Miami Beach Tennis Center; and
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 meeting approving Amendment No.
Ito 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; and
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 is slated to occur during late Spring or Summer of 2020. Prior to
the end of the term, the Administration would be bringing forward a Procurement item so that the
Agreement may be competitively bid.
Since the Contractor took over the programming at the Center, both programming and merchandise
revenues and participation numbers have seen a steady increase. Pursuant to the Agreement,
Contractor is paid based upon the percentage of gross programming revenues earned at the Center.
As a result of the programming growth, an audit to the Agreement was required, increasing the
programming fee and management fee from$500,000 to an amount not to exceed $750,000 per year
during the term of the Agreement.
At the April 10, 2019 City Commission Meeting, 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 meet the programming demands.
At the July 19, 2019 Finance and Citywide Projects Committee meeting, a motion was made to
further amend the Contractor's Pilot Agreement, providing programming at the Center, by shifting the
responsibility of operating and personnel cost to the Contractor.
Currently, the operating and personnel cost paid from the Parks and Recreation Department budget
is funded by the General Fund. By having the Contractor cover the operating and personnel costs, it
will yield an annual savings to the City in the approximate amount of$182,000.00.
Once negotiated staff will return to the full Commission for approval of the proposed amendment.
Legislative Tracking
Parks and Recreation
ATTACHMENTS:
Page 291 of 1288
Description
❑ Resolution
Page 292 of 1288