Agreement with Van Daalen Tennis, LLC �- 3o /25
CORRECTED
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 Corrected Amendment No. 1 ("Amendment") to the Agreement, dated August 30,
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, A t. 1604, North Miami, Florida 33181 ("CONTRACTOR"), is entered into this It
day of GC'( , 2019.
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 5/7th 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, at the May 18, 2018 Finance and Citywide Projects Committee, the
Committee made a favorable motion to approve the following modifications to the Agreement:
(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, which was
anticipated to be December, 2019 by City staff; (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; 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, incorporating the
recommendations recommended by the Committee; and
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WHEREAS, on June 26, 2018, the City and CONTRACTOR executed Amendment No.
1 to the Agreement; however, Amendment No. 1 failed to include the term extension and
therefore wish to correct and replace Amendment No. 1 to include the approved term extension.
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:
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 1.2 of the Agreement is hereby amended as follows:
1.2 At the conclusion of the one (1) year term in subsection 1.1 above, the Agreement
shall continue on a month to month basis for a period of six (6) months from the
date in which the scheduled construction projects at the Center have been
completed, as confirmed pursuant to a written notification from the City Manager
(the "Holdover Term"), so as to enable the City to evaluate such factors including
but not limited to, CONTRACTOR'S performance hereunder, customer satisfaction,
program offerings, revenues generated and expenses incurred; all so that the City
may determine, during this month to month Holdover Term, whether it wishes to
continue CONTRACTOR'S services under this Agreement, or terminate the
Agreement and explore such other options as the City, in its reasonable discretion,
may elect. During the Holdover Term, the City, through its City Manager, shall
have the option to terminate the Agreement, without cause and for convenience,
upon thirty (30) days prior written notice to CONTRACTOR. The term and the
Holdover Term may be collectively referred to as the "Term". A year as referred to
herein shall mean a period commencing on August 1st and ending on July 31st of
the following year.
(b) 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 72"d Street, Miami Beach, Florida
33141 (the "Center").
(c) 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
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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 during the
scheduled summer sports specialty camp, 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.
(d) 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 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.
(e) Subsection 7.6 of the Agreement is hereby deleted in its entirety and replaced with the
following:
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.
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(f) 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.
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.
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FOR CITY: CITY OF MIAMI BEACH, FLORIDA
ATTEST:
By:
Rafae E. G nado, City Clerk Dan Gelber, Mayor
Date
FOR CONTRACTOR: Van Daalen Tennis, LLC
ATTEST:
By:
Director of Programming
44.610-
j, L1 !(Gr16VV \avt Martin Van Daalen
Print Nae and Title Print Name
Date
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a * INCORPORATED: *
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APPROVED AS TO
FORM & LANGUAGE
& FOR EXE UTION `
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