Amendment No. 5 to the Agreement with Van Daalen Tennis, LLC 2010 - 1,511
DocuSign Envelope ID:0B854B5E-2AB3-4B26-BAD7-930BE5862073
AMENDMENT NO. 5
TO AGREEMENT WITH VAN DAALEN TENNIS, LLC
TO
PROVIDE PROGRAMMING AT THE
CITY'S MIAMI BEACH TENNIS CENTER
This Amendment No. 5 ("Amendment") to the Agreement, dated August 30, 2017, to
provide programming at the City's Miami Beach Tennis Center, 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 76 day of April , 2021.
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 ("CONTRACTOR"), for programming at the City's "Miami Beach Tennis
Center" (the "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 City Commission adopted Resolution No. 2018-30279,
changing the name of the Center from "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 Finance and Citywide Projects Committee, at
its May 18, 2018 meeting, and 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
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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 10, 2019 City Commission Meeting, Resolution No.2019-30776
was passed approving Amendment No. 2 to the 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 Agreement, shifting
the responsibility of operating and personnel cost to the CONTRACTOR; and
WHEREAS, at the July 31, 2019 City Commission Meeting, Resolution No. 2019-30923
was passed to amend the Agreement to provide programming at the City's Miami Beach Tennis
Center; said amendment transferring, from the City to the CONTRACTOR, the responsibility for
payment of operational and personnel expenses at the Center; and
WHEREAS, on October 16, 2019, the Mayor and City Commission adopted Resolution
No. 2019-31029, waiving, by 5/7th vote, the competitive bidding requirement, finding such waiver
to be in the best interest of the City, and approving Amendment No. 3 to the Agreement, (1)fixing
the expiration date of the Agreement as September 30, 2020 and including two (2) successive
one (1) year renewal terms, at the City's option; (3) shifting the responsibilities and costs
associated with the operation of the Center from the City to CONTRACTOR; changing the
financial terms to provide for payment to the City of: (i) a minimum monthly Guarantee payment
of$3,500 for the one-year period commencing on January 1, 2020 (year one), with the minimum
monthly guarantee increasing by $500 for each renewal term, plus (ii) a monthly payment equal
to 5%of the gross revenues, once the total cumulative gross revenues in a Contract Year exceeds
$700,000; and
WHEREAS, pursuant to Resolution No. 2020-31332, the City has granted COVID-19
rent relief to commercial tenants and operators of City-owned properties for the period from April
1, 2020 to September 30, 2020; and
WHEREAS, on September 16, 2020, the Mayor and City Commission adopted
Resolution No. 2020-31394, approving Amendment No. 4 to the Agreement, providing COVID-19
financial relief to CONTRACTOR, by lowering the Minimum Guarantee payment required under
the Agreement from $4,000 to $3,000 per month, commencing October 1, 2020 and terminating
once CONTRACTOR is authorized to resume operations without the social distancing
requirement; and
WHEREAS, the parties wish to further amend the Agreement to authorize
CONTRACTOR to use additional web-based software systems for programming with the approval
of the City.
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:
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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 str-usk-thfeugh and inserted items underlined)
as follows:
Subsection 7.6 of the Agreement is hereby modified as follows:
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. Moreover subject to securing
the prior written consent of the City Manager or his designee, CONTRACTOR may
purchase (at its expense) and use additional web-based software systems for
programming. Upon request by the City, CONTRACTOR shall provide the City
staff with access to the approved software system including, without limitation, the
ability to access and/or create reports.
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.
THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK.
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DocuSign Envelope ID:0B854B5E-2AB3-4B26-BAD7-930BE5862073
IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be executed
by their appropriate officials, as of the date first entered above.
FOR CITY: CITY OF MIAMI BEACH, FLORIDA
ATTEST:
DocuSigned by: DocuSigned by:
g[�raa rafati, AtitAL Rut6tat 4/28/2021 1 5:46 PM EDT
By: 9AAncnl9Annr4nc ` 7PC20Cf'1^1'1^C...
Rafael E. Granado, City Clerk Alina T. Hudak, City Manager
4/28/2021 1 6:26 PM EDT
Date
FOR CONTRACTOR: VAN DAALEN TENNIS, LLC
ATTEST:
DocuSigned by: ,—DocuSigned by:
By: J\880313C'1718C... tVV4/363tlA1.tlU4CG...
Director programming
Paul DiMuont Athletic Manager
Martin Van Daalen
Print Name and Title Print Name
4/21/2021 1 1:14 PM EDT
Date
APPROVED AS TO
FORM & LANGUAGE
& FO` 'ECUTION
Page 4 of4r ' p • ! -- 7j� Z`
• City o
Attorney my
e Do e 1
- �
Granado, Rafael
From: Peron-Sellan,Vianca
Sent: Thursday,April 29, 2021 10:25 AM
To: Granado, Rafael
Subject: RE: Signature Needed -Amendment No. 5 to Agreement with Van Daalen Tennis, LLC to
Provide Programming a
Hi Rafael,
As per Gisela, we didn't need a resolution for this amendment since it was under the manager's authority.
Thank you,
MIMAIBEACH
Vianca Peron-Sellan,MPA
Administrative Services Manager
Parks&Recreation Department
1701 Meridian Avenue,Suite 401,Miami Beach,FL 33139
Tel:305-673-7730 Ext.26876/Fax:786-394-5434/www.miamibeachfl.gov
We are committed to providing excellent public service and safety to all who live,work and play in our vibrant,tropical,historic community.
From:Granado, Rafael<RafaelGranado@miamibeachfl.gov>
Sent:Wednesday,April 28,2021 6:27 PM
To: Peron-Sellan,Vianca<ViancaPeron-Sellan@miamibeachfl.gov>
Subject: Fwd: Signature Needed-Amendment No. 5 to Agreement with Van Daalen Tennis, LLC to Provide Programming
a
Hi,
What's the resolution number related to this item ?
Thanks
MIAMIBEACH
Rafael E.Granado, Esq.,City Clerk
OFFICE OF THE CITY CLERK
1700 Convention Center Drive
Miami Beach, FL 33139
Telephone: 305.673.7411
Email: rafaelgranado@miamibeachfl.gov
Complete the Census today!Click Here
We are committed to providing excellent public service and safety to all who live, work and play in our vibrant, tropical,
historic community.
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