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
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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,
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46.00
Howie Orlin
President/MBTM