20170726 SM2MIAMI BEACH
Commission Meeting
SUPPLEMENTAL MATERTAL 2 (7 t24t20171
City Hall, Commission Ghambers, 3'd Floor, 1700 Convention Center Drive
July 26,2017
Mayor Philip Levine
Commissioner John Elizabeth Alem6n
Commissioner Ricky Arriola
Commissioner Michael Grieco
Com missioner Joy Malakoff
Com missioner Kristen Rosen Gonzalez
Commissioner Micky Steinberg
City Manager Jimmy L. Morales
City Attorney Raul J. Aguila
City Clerk Rafael E. Granado
Vis[ us at www.miamibeachfl.gov for agendas and video "streaming" of City Commission Meetings.
ATTENTION ALL LOBBYISTS
Chapter 2, Article Vll, Division 3 of the City Code of Miami Beach entitled "Lobbyists" requires the
registration of all lobbyists with the City Clerk prior to engaging in any lobbying activity with the City
Gommission, any City Board or Committee, or any personnel as defined in the subject Code
sections. Copies of the City Code sections on lobbyists laws are available in the City Clerk's office.
Questions regarding the provisions of the Ordinance should be directed to the Office of the City
Attorney.
SUPPLEMENTAL AGENDA
G4 - Commission Committee Assiqnments
C4 P REFERRAL TO THE NEIGHBORHOOD / COMMUNITYAFFAIRS COMMITTEE REGARDING AN
ORDINANCE AMENDING THE HOURS OF OPERATION FOR ALCOHOLIC BEVERAGE
ESTABLISHMENTS IN THE SUNSET HARBOUR NEIGHBORHOOD.
Office of the City Attorney
Deferred from June 7,2017 - C4 L Vice-Mayor Ricky Arriola
Supplemental updated on 7 12412017
(Petitions)
1
Supplemental 1, July 26,2017
G7 - Resolutions
C7 AB A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, ACCEPTING THE WRITTEN RECOMMENDATION OF THE CITY MANAGER (AS SET
FORTH lN THE CITY COMMISSION MEMORANDUM ACCOMPANYTNG THtS RESOLUTTON) 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, THE ATTACHED ONE (1) YEAR PILOT AGREEMENT BETWEEN THE CITY AND VAN
DAALEN TENNIS, LLC FOR PROGRAMMING AT THE CITY'S NORTH SHORE TENNIS CENTER,
SUBJECT TO FINAL NEGOTIATION OF THE AGREEMENT BYTHE CITYADMINISTRATION, AND
SUBJECT TO LEGAL REVIEW AND FORM APPROVAL BY THE CITY ATTORNEY; AND
FURTHER AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE FINAL
AGREEMENT.
Parks and Recreation
Commissioner John Elizabeth Aleman
Supplemental updated on 7 12412017 I
ITEM MOVED FROM R7 Y
(Replacement Memorandum, Resolution & Agreement)
R9 - New Business and Commission Requests
R9 Z DISCUSSION REGARDING THE CONDITION
8128 COLLINS AVENUE.
OF THE LOG CABIN STRUCTURE LOCATED AT
Property ManagemenUPlanning
Supplemental updated on 7 12412017
(Additional Memorandum w/ FCWPC's Recommendations)
2
Agenda ftem CVP
Date 7d6_/Z
From: Sunset tlarbour Neighborhood Associations
To: Levine, Philip
Aleman, John
Gonralez, Kristen Rosen
Grieco. Michael
Malakoff, Jcy
Steinbers. Mickvdr*ri-lo-,4*4
Date: July 24,2017
Subject: Establish a 2:00AM closing time ordinance for al! alcohol at Sunset Harbour
Neighborhood.
Dear Mayor Levine and Commissioners,
Enclosed you is the Sunset Harbour petition and signatures for the ordinance to establish ?:00
AM as latest permitted indoor closing time for all alcohol heverage establishments in Sunset
Harbour, according to the ordinance proposed as agenda item #C4L at the 6lZ /17 cornmission
meeting, and subsequently at the July 26,2A\2.
As you know it is summer time and 39% of our unit owners are on vacation and not available to
sign the petition. We received L80 signatures, please approve this petition to move forward to
Land Use in order to continue to have a harmonious and wonderful neighborhood.
Sunset Harbour Neighhorhood Arsociations:
r 1700 Purdy Avenue
r 1800 Sunset Harbour
r 1900 Sunset Harbour
: 1413/L415 20th Street Townhomes
r Palau
TotalSignatures: X.80
Sincerely,
f)
H*,.Lu- -l<c{y
Sara de los Reyes
President, $HNA
Office: 305-538-882s
Email : SHNA911@outlook.com
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14
Petition
ordinance to establish 2:00 AM as latest permitted indoor itosing tirne ror
all alcohol beverage establishments in sunset Harbour, according to the
ordinance proposed as agenda item #C4L at the OlZl17 commission
meeting, and subsequently deferred to the 712611l meeting of the Miami
Beach Oommission
To: Miami Beach City Commission
Date: June 7,2A17
End Date: July 24,2Q17
From: Sunset Harbour Neighborhood Condominium Residents
We the undersigned residents of the Sunset Harbour
Neighborhood do hereby respectfully request that the City
Commis*ion at the July 26th, ZAfi meeting vote FOR the
ordinance to change the latEst permitted indoor closing time for
alcohol beverage pstablishments in sunset Harbour from fAM to
zAM,
Please fill out the following information and fax to your management office:
Address & unit s, l8 oO $aW /W&ourt -t?t/,
Email Address;
Signaturej
Sunset Harbour Neighborhood
15
Petition
fttl$an .,:..
iilmmi,Iya
blcftgrilffi
Qrdinane to establish 2:00 AM as late$ permitted indoor doslng tinr for
all aloohol beverage establishnnnts in Sunset Hartour, mrdirq to the
ordinance proposed as agenda item #()*L at the 6f117 emmlrsion
nreeting, and subaequently defened to the 7f26117 nneting of the Miamigeach Commission
Actor!
pcffterrodlor
To; llhmi Beach CIty Commission
Date: June 7r2017
End Date: July 2t, 20{7
Frcm: $unset Hatfuur Heighbodrood Condsnlnlum RocldsnE
We tlte undenslgned residents of the Sunset Harbour
t{elghborhood do harcby respctfirlly requert $at the Gity
Gommis*ion at the July 26tt, 20{f meaffng vots SOR the
srdinance ts *hsflS* the lllest permitied indoor clming time ior
alcohol beverage eetabliehmente in Sunset llaltourfrom Sruli *
zAil.
Please fill out the follonring information and faxto your menagsment o#fice;
Hame: {61fi*/ o CEg-/ firY I BE r **r RTDL€{
Addreea&units: lt#o '{*/$ e"7 $*at & *t',7 na ' '#z ao I
sisnature: ,."/Tu//--ed4 trr**r, /r-^
Fl*g/,q^t/
Sunset Harbour f{eighhorhood
16
Petition
Ordinance to estabtish 2:00 AM as iaies
allalcoholbeverage establishments in sunset Harbour, accordirig to lhe
ordinance proposed as agenda item #c4L at the 6/7117 commissJon
meeting-, and subsequenily deferred to the 7126/12 meeting of the Miami
Beach Comrnission
To: trlliami Beach City Commission
Date: June 7,2077
End Date; July 2{, 201I
From: sunset Harbour Neighborhood condominium Residents
we the undersigned residents of the sunset Harbour
Neighborhood do hereby respectfufiy requeet that the city
Commission at the July 25e, ZOIZ meeiing vote FOR th;
ordinance to change the latest permitted indoor closing time for
alcohol beverage establishments in $unset Harbour from slM to
zAM.
Please fill out the following information and fax to your management office:
Name:
Address & unit *, l&tt.o . ?*r,l , 4/s ilur .yffa -e--furts# # npgorrA
5u ,nrl.,
.rt1',
tq/,,it; fi,$< //, /t iJ/J,
Ernail*uoress: /r+3 r BA#J t{-€ $ /r"r rj / , r rrr.i
Signature:
Sunset Harbour Neighborhood
17
Petition
urctinance to establish l,gg lM
ll,?1.^rl.] F1.lrgq estabtishments in Sunset Haruorr,;"""Jirn to theordinance proposed as agenda item #c4L atthe6lltli commissionmeeting, and subsequenily deferred to the T/2s/rz meeting oiilie nlliamrBeach Commission
To: Miami Beacfr City Commission
Date: June 7, 2017
End Date: July 24,2A1l
From: $unset Harbour Neighborhood condominium Residents
we the undersigned residents of the sunset HarbourNeishborhood do. hereby f9?pectfu[y iequeii th;i the cityCommission at the Juty ZSti', 2012'meei;g ,;i;- FoR theordinance to change the iatest permitted indooi
"io"ing time foralcohol beverage establishmenis in $unset Harbour from 5.AM tozAn{.
Please fill out the following information and fax to your management office:
Address & Unit #:
EmailAddress:
Signature:
Sunset Harbour Neighhorhood
18
Fatlsoh i
rummary and
backgrcund
Ordinan
:l!fl:111::J:::s:=,:!HT$r;]rfi;i1irffi :.il,.:iJrstotneordinance propos6d as asenda itfi #c4I ffl;;e;, ilff;:S?# *"
meetins, and subseoueniiy oererreo i" *rI iiil# r*o?g'iilHii*r,Bgach commission '_ _.'-.' .v f,rrE ,r<,e, r, tnrlBltng C,I Ir
pet&nedtor To: Miamleeaffi
Date: June ?,20i2
End Date: July 24,2}il
From: sunset Harbour Neighborhood Gondominium Resrdents
[:_J$__]lg"Tisled . restdents of the Suneet Harbour$teighberhood do-h"raov re"peitr"rry &di"-ii;i -ffiffi,ilcommission at the ..rrli zg{-iitl meeting vote FoR thesrdinance to *hang* tl,: rrt*rt p"frrtt"o i*ffi.iiuing time foralc-o-hol beverage eltabrishm"nL-ii'srnset Harbour from sAM tozAM. _!'.vvr ils.yvgr rt,
Pleass flll out the following information and fax to your menagement offlcer
Name:
,*g t?*Address & Unlt #:
Slgnature:
Sun*at H*rbour Nelghborhood
19
tpmmary.,and
b{pkgroiiiid'
Petition
ordinance to establish 2:00 AM as latest permitted indoor closing ti-" f**l
all alcohol beverage establishments in sunset l-larbour, according to the lordinance proposed as agenda item #C4L at the 6/7/17 commission ]
A$JF$,,
,
ri*;$tl iu$toi
I meeting. and subsequently deferred io the 7/26/17 meeting of the Miami
lBeach Commission
To: Miami Beach City Cornmission
Date: June 7, 2017
End Date: July 24,2017
From; Sunset Harbour Neighborhood Gondominium Residents
VYe the undersigned residents of the $unset Harbour
Neighborhood do hereby respectfully request that the City
Commission at the July 26th, 20lT meeting vote FOR the
ordinance to change the latest permitted indoor closing time for
alcohol beverage establishments in Sunset Harbour from 5AM to
2AM.
Please fill out the following information and fax to your management
office:
Name:_Paul and Susan Kilrain
Address & Unit #:_1800 Purdy Avenue Apartment 1002
Email
Address:_sj ki trai n@verizon. net
Signature;
Sunset Harbour Neighborhood
20
ri&i
21
Petition
Potition': r.:=,
$umm.{I!r: aqg-=
ryqsrqltna =lt i,,l :::: :i r :-: t,
Qrdinance tc establish 2:00 AM as latest permitted indoor closing iime for
all alcohol beverage establishment$ in sunset Harbour, according to the
ordinance proposed as agenda item #C4L at the 611117 commission
meeting, and subsequently deferred to the Z/26/17 nreeting of the Miami
Beach Commission
To: Miami Beach City Commission
Date: June 7,2017
End Date: July 24,2A17
From: Sunset Harbour Neighborhood Gondominium Residents
We the undersigned residents of the Sunset Harbour
Neighborhood do hereby respectfully request that the City
Commission at the July 26h, 20'lT meeting vote FOR the
ordinance to change the latest permitted indoor closing time for
alcohol beverage establishments in $unset Harbour frorn SAM to
zAM.
Please fill out the following information and fax to your management office:
Name: James M. Opinsky
Address & Unit #: 2407
Emait Address: jmo@mobius.nyc
signature, &r*"rtT?,",{ -
Sunset Harbour Neighborhood
22
Office of Miami Beach t'4ayor, 960 Alton Road, Miami Beach. FL 33139
SafeU n$u.htrffj hS ln' sa rad J$Srf ygs fithotma i l. co m
f,orward this email I UpglAt$,.prpfile I AhguLour E$rvice orovider
Sent by info@mavorohiliolevine.com
fkri. fillout&rfufiou&rj Mormrdon rndlrx uyour mtntlsnr.ilt o'fice:
*,*, F.;Ii-H {"Tg.'qnIE(
Ad&as&rk*t"lk:n ?u\fi* nPI \ar5
Petition
F$0oar :lumrr$d
t{cHmmd
(xloanoe & €orl[6n z{f,} A}f ar }t!o3t p6ritras0d Bdoor Ghrang timo lof
al alcottol lowrags rsi$f$ftr{ts h St!6d}brtaur, rcmffrig to tlto
odmme pmpoeed s ageilde ihm tOlL d $p 6l?117 mrrnissirm
meeting, ad a$oeqrrrffy d.f€{rsd io ts 7/2Et7 nucting ct th l/lami
8e*hCommirsion
trfie
D.{ilomd!o!
Tsr Higmi Bsacfi City Csmmbalon
Oater Juoe?,2Bt?
End Oate: Juty 24 2017
Frfln: S.Ilrst lleftoor Xebhbortpod Cm.lomhh.Er R€cld€nb
lffe fhe undersilned rsldentr ol the Sunset Herbq.rr
tleighborhood do henby ra p€c{tully rcquarl trat tE City
Cannni**lon et tha July 26\ 2O{7 moetlng vst*, FO& xhe
ordinonce tn *hange the Ltert permithd indoor cb*ing tirn* tor
alcolrol beverqe Gat Ui$hmqli3 in Suog*l Ha&our from SAIrl to
2Ail.
23
Petition
Ordinance to establish Z:00 AM
allalcohol beverage establishments in sunset Harbour, accordin-g to the
ordinance proposed as agenda item #c4L at the 6ll/1T commission
meeting,, and subsequently deferred to the zl?6t17 meeting of the Miami
Beach Commission
Actiat To: Miami Beach City Commissi
0ate: June 7, 2017
End Date: July 24,2017
From: sunset Harbour Neighborhood condominium Residents
!1/e the undersigned residents of the sunset Harbour
Neighborhood do hereby. respecffully request that the cityCommission at the July !6th, 2A7l meeiing vote FOR th;
ordinance to change the latest permitted indoor closing time foralcohol beverage establbhmenis in sunset Harbour trorn garu to
2AM.
Please fill out the following information and fax to your management office:
Deborah and Nessim Bohbot
Name:
Address & Unit f:1800 Purdy Avenue Apt. 2003
dnbohbot@gmail.com
ImailAddress:
Signature:
Sunset Harbour Neighborhood
24
Petition
Petition
surnrneffl*ryil
baekgroririd".
Ordinance to establish 2:00 AM
allalcohol beverage estahlishments in $unset Harbour, aocordirft to the
ordinance proposed as agenda item #c4L atthe617l17 commission
meeting^, and subsequently deferred to the 7/16/17 meeting of the Miami
Beach Commission
To: Miami Beach City Commission
Date: June 7, 2017
End Dato: July 2{, 2017
From: sunset Harbour Neighborhood condominium Residents
We the undersigned residents of the Sunset Harbour
Neighborhood do hereby respectfully request that the Gity
Cornrnission at the July 26th, 201I meeting votp S*ffi thAordiran** to *hang* the latest permitted indoor closing time for
alcohol beverage establishrnents in $unset Harhour froin sAr* to
2AM.
Please fill out the following information and fax to your management office:
Name:Alex Pereira - Manager of Katana USA, LLC
Address & Unit f: 1800 Sunset Harbor Drive #1001
Email Address:alex@paraIsopictu res. com
Signature:-*rffi>
Sunset Harbour Neighborhood
25
P.ttltiarr ,,. ,
f$p!?rsry.*ry4 ='
&stl*n
rr*lil***lrd f$r
Fstit{on
rtrs*tit$. *nd *ubse*I,xsnil5r d*f,r*rrc* f* $*6 ?'&tr17 rq$ottnd o{ $re Miarai
S**ch turnm{ssioo
io : xtiim I 6*alfr"Si$:iffiffiif,eGn
Satp: Juna ?,20rr
*nd *atc: July 2{, !$tI
From : Sunset Harbour l.,lei ghborhood Gondominiuffi Re$idents
Vrae tha under*i*lred r*$id*nts of tha Suneat Harbour
Hslghborhcod do harsUy respectfuily requost that thr City
Commiesion at lhp July 26e, 20t7 meeting , ilir F,:, I : r
+r#rrutrieq ttr r.{:-1.-.-,i3 tho latsst p*rrnitted indoor clorlng tirne for
oirllht*l bav*rag* *,s:tsblishmanls ln $unsat flarhour frpk S*S* t*
zAH-
Please fill out the fellowing information and fax to your monagement office:
Addr**s & Llnrt n, /ffi,tl##f*@'nm -,b*r $#*
dd&r..Y* n#y'e
_- "r*
Nnme: fffi.r;*rry PS;r*tc,iA* e*'xr €:
3$xrst ltarbtx# **fu hk{}ffi asd
26
FetI,S*n:,
*{rrr}*try. $s
bau{grou*d
*dlnft' ," ''''
Bsmrtih,ed rcr
Petitlon
CIrdinsrr*e to ***xhtieh 2:Cg.ffi
allalmtrol heverage establlshrn€nts n $unspt Hwhour" aocoroirrt u ure
ordinanee,pr*p**sd n* agema ft*m #6*t- at t K sffrlr mrnm,U*Isn
ln*n{tfis. *xl sr+b*equ*nily r}*rf**xrl t* th* ?&srt? rr.rlxtirrg td {ha d4larrr
B€ach Commission
Ts; Atiami B**clr City S+mrrd*cl*n
&*t*: J*ns 7, &17
*nd Sate; July }{, *$1?
From : sunset Flarbour Neighborhaod ccndomlniurn RaridEnts
lF/a tho und*rs{g,n*d r**id*nt* of t}re $ux**t }rarbour
Naighborhood do heraby respectfuily r*quest that ths City
Comrnisslon at the July Z6th, X0iI maefong u*t* r*R f#Br":i*:ii$ri*r'{c cftfini;i: tho latrst permitted indoorclosing tima for
aleoh*,| kwv*rmgw antabtishments in Sunsat Hrrftpsp frum Sfi# to
?Art.
PleoEr fill out the fellawing infrrm*tiur and fax to yttrr management office:
Addr*:rs & tlnit #:r'## St:.{,v3*-.g33*$*qd *,.d ,# 1ru
$lgnxturel
Sunset Hartour Helghborhood
27
To: i#*mi Setrh tity Carnmlsrlon
Dste: Jt*ne ?, t0l7
6nd s*ts: JutY 24, 2Ol7
Frem; Ths Loft* atfuuth feach
We the underslg*rd reddents of the $$$set H*rbaur Nefghbcrirood her*bt
re$pertfully request that the Ciiy Commistion on its ,t ly 16{{'. ASAT mee$n$ t0
u$gS t{jfi .,. 1:-:.,,, ..1 ::1, +; ii,,l..;,i;, {+l: ,,1,, ii:,;.;;:, }}$Jr.j}'r ttrlrtl SAfu'l ti*
td*d : :l:
:
We reryertfu|ly request ynur eonsidaiattan rod a yote f0n im *rai"a1q
.r*ffigfryert*ht* *err*tafe hsur$ fs*r,*.q!.** m f.nx*" ,'",' -1,. === '-t-
Sincerrly,
fi
- p"l. t'r-.r{* -it r-\t ?.*t L,, l, ' r JJ*.og11.,^ r1* ] u a
frlarxs {Pl{nt}
*#*ffiY*&ddrs,xx Unt* s
::::a=..;
i,iM
i.:lj
:::::L!li:fr'
',;' :1;1:
' ': .:l i,
:i
28
&; $**xnni S*ach City (umrn{rsicn
S*te: i*ne 7, 30{F
Gnd S*ts: -luly ?4, ?017
From: The Lofts at South Beach
w* th* urrdmr*lgned residents of ths Suns*t l*arb*t,rr Heighkrhood
!gr**bv rerpectfulty requast rhat the City Commission on its July Z6s,3**7 f$S$tttt$ to sq-itr, r-{iS. r !-.i- I i-irrt,r,g+r. r,,r{ $rifl,,u,4,}i,. !{,t:.hq":*,+= .d!,-...,-..
{l}*v*r*?ql' }if:rtr.: f r'#'r; S&&4 s* t"'
l{fe re*p*ctfully request yaur consideration and a v*te F*ft ths
ordlnane* changing Alcohol Beverage hours from SAft to aA,rrt.
Sincerely,
. J- ! *"-"'l
"." , l.,lr'r L * j ,Fl "t.! ,r '
f ,.r1i \ l, ;ttl{" i i\;'!' ;t ''t{ L
,r 1*#- ? *.6'*,
. '\,/- t
l&r*e {Frinty Address Signrturr
$unrst Hwhaur
29
'lb; itisrnt tseoch {lty Cummirtisn
Date: June r* 2Str
End Date; Juty 24, 2017
Froml The Lafts at Suuth Beach
I* !tr* undersigned resldents of the $unset Harbour Neighborhood
*.'*ay re*F**tfutly request that th* city {ummiEr{sn *n ttx JxIy 36x,
2017 meeting to * .:' rlt": {f,,""",u, : '_.,,,-r,,,. ii.+:h* r AE,rr}ir:i
hItdltd"$hfJ.i{3de ts4s\t}fq }It\i"} ,,'"I, , . ,.,q.5$ i r"#sr d ,
t{r. rcspsetfutly req*est y*ur cpnnidsratian and a vote FoR th6
mdtn*nea ch*nging Ataohsl B.*verage haurs fr*m $Atrt go eAJ*.
S*nc*rety,
.t'r ,
,,'.,,r ,"1:' -t'|,r ..;-:-i s -..,&,,:::::......,f; *-"-
l*amr {Pdntl Addro**U*it # $*&n*f.ur*
$un*et $arbour
30
Jeni Pardo
From:
$ent:
To:
Subject:
Julie Weaver <jjulster@me.com >
Monday, )uly 17,2017 5:02 pM
Jeni Pardo
Re: Petition for Alcohol Closing Time
Good Altemoono I would like my nnme (Julie
Thank you, Julie Weaver
July I7,\An
Sent from my iPad
0n Jul 17, 2017, at 3:36 pM. Jeni pardo
Suns€t Harhour l{orth Cqndominium
1900 Purdy Ave Miami Beach, fL 33139
Oflice: (305) 538-9004 Fax: (305) 538-r191
Weaver of 2310) be added to the petition.
wrote:
Dear Residents,
If you would like to sign the petition for t he ordinance to esrahlish ?:00AM as the latestpermitted indoor closing time lbr all alcoholic beverage establishments in Sunset Harbour,please visit the Fronr Desk ar any time prior ro July 26th.
Please contact me should you hav* any questicns.
'Ihank you.
Jeni Pardo
.{ssistant Manager
31
Jeni Pardo
Frcm:
Sent:
lo:
Cc:
Subject:
Susan Culligan <susanculligan@sympatico.ca>
Tuesday, July 18, 2017 10:39 PM
JeniPardo
Jorge Torres
Re: Petition for Alcohol Closing Time &.?s0
I can't go to the front desk because I'm in Canada but would like to have a say in the petition. Thank you. Susan
Sent from my iPhone
On Jul 18, 2017, at 9:01 AM, Jeni Pardo <SHNAs$riGapmi! > wrore:
Pleaee visit the kont desk to sign the petition,
Jeni Pardo
Assistsnt Manager
Sunset Harbour l{orth Condomlnlum
1900 Furdy Ave Miami Besch, FL 31139
Offiee: (305) 5:E-9004 Fax: {30S) 53f-rlgt
E-H*"i-l Websile f,.e**"bppk Is$lcr !_inksdJ.rr
<im*ge001"jpg> <image002.jpg>
From: Susa n Culligan Imailto:susancullieanRgyrypatico.cal
Sent: Tuesday, July 18,2077 8:37 AM
Tor Jeni pardo <SHNAsst@a pmpnagement.net>
Cc ; Jo rge To rres < S-H N M er@ a o m a nase m Bil.I *tpl>
Subject: Re: Petition for AlcoholClosing Time
I want to have my name on the petition lbr ?am closings.
Thank y$u, Susan
Sent from my iPad
on Jul 17.zafi, st 3:36 PM. Jeni Pardo <shnassir."giitp.tqsn-rlgement.ller> wrore:
Dear Residents.
lf you r,vuuld like to sign the petitisn for t he ordinance tu establish 3:00AM as the
Iatest permitted indoor closing time far all alcoholic beverage establishnrents in
Sunset Harhour, please visit the F'ront Desk at any time prieir to July 26th.
Plsase contact me should .v.-nu have any questions.
Thank 1'ou.
Jeni Pardo
32
&{ition
$ilrdary*nd
h*ckg rxmd
Acfislr
itrneOk ty Colwnission
I
Ordinance to *stsblish 2:ffi AM as laitst
all sleahol bev*rage est*tfishrnenls in gunset H*rbour. accorOilrg to $*
on$inarxe p?Fs€d as agerd* itegl #C4L xt the A,?l"l? mmmission
f€eii"ttg. an*t sutsequentfu def*red to &e 7€611? m*ering of the Mianri
Beat*r Conrrrrissiorr
Oate; June 7, &17
End Data: July 24, X'l?
From: $unret Harbsur f{eighbwhood Gnndominium Ra$deats
We tha rndersiguned residents of {h* $u***t Harbour
HeighhorhCIod do her*by respectfillly reque*t tf&at th6 City
Commission at the Jr;ly IfiS, l0t? meeting u*r* FCIl? inr:
r:rdi:'rnnc* r* chrr:q* ltre latest permitted indoor closing fiff*fsr
alcotrol beveraqe J.*"tli*tt***b in $un*et Harbourfrom 5AH to
EAil"
Pfease fill out the fsllowirry information and fax to Frr manag3msnt sffice:
\
{_rNamg: 1crir,r' 1{11.".
Address & unit *:r i-:i,.. ,
I -'^ *-'
Signeture:
Surrs€t llarbo*r ltleigtrhartrcod
33
Petition
Petiliort
srx*maryand
*c*grouxf
ordinance to e$tastish 2:cs AMat@-ctosrng ti{ff;
ail alcohcl beverage establistrmenls in sunset Harbour. accordirlg to the
t,.
'i
I;
Artio*
p*iitio{Bd fry
oldina*ce proposed as agerda item#C4N- at&s nf/1?comm$son
me*tng" and *ubseqrrs$fy d**e{red ro rh€ 7/ls/1? mesting of th* Miarnl
Beactr Cornmrssiorl
o: uiami tsdill- E*y-"eommi$$or1
Date: Jun* 7, 2017
End tlate: July 24,2{XI
Frnrn : &rnset Harhour Hcighb$rhoad Gsndorniniurn Resi&nts
lile the undcrsigned rcsidents of the $unset Harbour
Neighhcrhsod do hen&y respectfirfiy request th6t the City
Csmmission at the JuNy ?6e, A0{f meciing ;*r* r{:re :uu i.lii'itr.-,ri; ri r:",j:;i'the latest permitted indoorclosing tirnefor ialcofid beverage &afgistrrr*nts in $unset llarbourfio*;A[,] i; I2AM.
I
I
Plsase filN out the follorving information and fux to yrur managernent office:
Narrre:rr,l.. I'i
l
Address & Unit *:
fmailAddress:
Signature:
fu ntet Harbcur lrkighborhond
34
Jeni Pardo
From:
Sent:
To:
Subject:
Jorge Torres
Friday, July 21, 2017 5:00 PM
Jeni Pardo
Fwd: 2am establishment closing petition signature
Please see below
Sent frorn my iPhone
Begin forwarded message:
From : <cI? I 0,,&;rSkgm>
Datc: July 21.20t7 at 4:07:50 pM EDT
To : <r.bIm grr.S,rynlilla g$fne rt.nc
Subject: 2am establishment closing pefition signature
HiJeni,
Can you add our namegsignatures to the petition at front desk please thanks so much
Connie Ciofii 2202t04
John V, Cioffi2202104
Have a great yveekend!
Connie
35
Petition
Pstition
oururnaly and
backgrolrnd
Ordinance to establish 2:00 AM as taie
all alcofrol beverage e*tabllshments in sunset Harbour, accordirig to the
ordinance proposed as agenda item #c4L at the 61r/ir commlssion
meeting-, and subsequently deferred to the zi2sl17 meeting of the Miami
Beach Commission
Action
pellthnsd for
To: Miami Beach City Commission
Date: June7,2017
End Dats: July24,201?
From: sunset Harbour Neighborhosd condominium Residents
lffe the undersigned residents of the $unset Harbour
Neighbcrhood do hereby respactfully requost that the city
Cornmisslon at the July 26rh, 101? meeiing vote fOR th;
ordinan*e to *hamg* the latest permitted indoor cloring time for
alcohol beverage establishm*nts in $unset Harbourfrom Sl\ld to
2AM.
Address & unit *t t + 13 * ?-a St +F I f a
Email Address:
Signature:
Sunset Harhour Heighborhood
36
Petltion
lcfion
f*tltlonrd lor
To: tliarnl Baach tlty Gommloelon
Oats: Junp 7,2Q17
End Dale: July 2rt, 2017
Frcm: $un*et llarbour Selghbcrhood Condominium Roridpr*r
Ulle th* undrr*lgnad recidenta ol th6 $une*t Har&our
l,lelgkborhaod do hareby ru*pectfrrlly ruqu**t that the ehy
Commlssion at lh* July 286, l0l7 mcctifig ':4.rtc. ::r"il:iit li:1.
..:.f ir:irii ,. I r . ::!. r.:,',r: ih& lst*xt pfrmltlod lndoof closing lirne for
alcshol baveroga estilblirhmrnts in Sunsct Hartourlrpm SAft to
2Ait.
Pod$on
*wnmaryrnd
kslgrcund
ordinrne* to esieblish 2:0CI AM 8s latact pannilted irdoor dosin$ lirno for
atl ahofid bererage estatrlishrnonts in Suns*t HarboJr, oceurdirq to &e
ordinance prcpo**d as'ry*nda ilern #fiL st tha 6ri/17 oornmlssbn
m*tir8, ard subs*quently dsfened to lis ?126il17 mesting otSle Mismi
Beach Corrnission
preaseniloutrherofiowrnu,"r",S?"*"?rff;Tr?r#rrornce:
h/^ /.*tt t..t, t
s1s;ns, {h e ".p&{ t 7 e* I /,/q;' t4,{*, L.
/'
Address & unh o, lt! i i i ,t ,tii i- il g,, &.u** fi1 . -g ryr
Signature:
$rn$*t Harbour tle*ibarlNood
37
. Action To: ililaml Beach Clty Comrnisslon iI ps$tlonod fcr i Bata: Juns 7, 201? -
i
i i End Dau; July 14, 2017 i
Petitian
i"riri* ---*;64ffi n*s to &**$fi-d:iffiTffi;Ei*f6w
rumm.ry and all alcohsl bevetago e$tabl,$hments irl $uRsel l"le{bsur, aegordirql lo the
ba*SrEund i crdinance proporcd as agarda ile$ #C4L al lhs Sir?I'|7 cqnmis*iort
i meeting- *od sub$equefltly detered to the 7/26i 17 rneeting of the *tiami
Beach Cnmmission
ttJa the undcrs*gned rasid*nto of tha $uneat Xarlour I
ileighhcrhood do-her**y rygf9!$f request tfrat tha :Clty j
$omrnission st tha July 26*, 2017 meatifis rr; ll $:*i:i; :i,r, i: ., :, :- :,:: the lst*gt p*rmlttied ind**r ela6ing timr for
alcehsl heverago estsblishmsnb in Sunset Ha?bourfrom SASi ts l
Ftsaserirro*ttherorrowinu,-r",#"r-*t.?,ff :-If, *I-gff ice:
Name:
Address&unit o, lyf-{ ,}*.tL "s{. # ;{-'){,,/ ,t/;,**. {.\*,.A, f t
Surmt Harbrur Natghbortrood
38
r c}rslr€ limg for
ari ur"onof beverage establishments in Sunset-Hat:Yl acc"tlnq*l? tle
ordinrn"" propo$o as agenda item #C4L at.lhe 611/17 commission
*Lting, aiU iubs*quenity Cet"nea b he 7 t26t 17 meeting of thg Miarni
Beach Commissisn
(.$o5) 6 3r{-tr5$8
Please fill out tkc folloting irrforriition ant fax to Your manag€m€nt offtce:
*,*", .,'irtMl1Tfr L($/6 _
;1 r
Petition
Data: June 7,2077
End Date: JulY t{, 3017
Fr*rn, Su n*ot Harbour Helghborhood Ssndornlnlum Rerldents
llUe the undersigned residents of the Synget- I{arbour
ii"ighb"rt*d do-hareby rpspactfully rtqueat that lltt Clty
Cotimlssion at the ;uli ztn, I01? rnseting v*te f$R the
qlrdinar,*m t* rh*ng* ihs iatest permltted Indoor closlng tlgS for
alcohol beverage establishmen$ in Suns€t tlarbsurlrom SAIti to
zAu.
*cffEn
pa$$olrcdfor
Sunset Harhaur Neigrlborhood
39
Petition
Pctltlon
rummaty and
lrelignrund
indoor closing time for
all alcohol beveraga establishments in sunsot Harbour, according io l*e
oiAinance propos& as agenda item #C4L at the 6/7117 commiseion
mee1ng, aid iunsequenily Oefrra4 to the ?/26117 maeting ol the Miami
Beach Commission
Aclian
p*tttlo*ad ior
To:mlafitBeach GitY Gommiteion
Oator June 7,2417
End Date: July 24, 2017
From : Sun*ef Harbour Heighborhmd Condominlum Residents
llre the ufidcrsignsd resldents of the sunsct tlarbour
il*ighborh;o do hsrsby re$pacttully rsqucst M $3 Ct'y
iofrmfston at the Juty 20m, 2017 rnoellng v*t* FSF1 ths
erdinanrn t* *ha*g* the fatest pGrmittod lndoor cloelng tl99 for
alcohol boverage irtaUtishmsnts ln Sunset Harbourfram 5AM tp
2Am.
C3o5) 5q-trs35
Please fill out the fallor*ing lnfoniltion an? fax to your management office:
nu*",T4fib *: LW&
Address & Unit f:
Signature:
Sunset llarbour ltleighbo*ood
40
Pstltion
Ad.ar
f.ffofiader
ffi porninxndsadmiry [mrfor i
* iurrd u*rO* e*Sfthnmh ln Sdtlos{ }ietn6.il, scmflling 16 tla
I
sArrsrca fopoo& rn {g!t}di lorn *e4L atlha 6ra17 efiru!*rtbn t*.*iu. aiC ir$qsqtladey 6i6inrd io tls ?fi91t ltledfrg d ha f'Sa'Ii igcxrr Comn*soion i
D*r: Junr 7,2Ot7
End Orlo: July 2{, 29{}
f rgm; $tntal-tltttosr lhlgl,todtood Condu.olr*im B6,}d.nt'
wi tIo undtrr&r# ltt'Idrr*t oil $r S$tra{ $.tbo{r
rarlghbo(lmd do @ txt@llll, !t$ll|* etd lfr. Ctv
Cfir.nhiion 'l rho Jub !!p, i0l7 nlarlrlg .t1t: it-llt il:r'
r:rrir rrllir:irir, i. r.: 'r:r::i:ri tr? llkt pctttSltrd lndgoa iroclrl$ $ma lor
$cc{fi* }.r,rr.gn attlrufthraa.'I h Srr€al Xariour ftt{n iaI lo
i,on"
(3oE) 6rq-tss5
Ptt.r. ltlllut ttrc io$qec krlornruon rfi lar to your nenr$nnarn rfficr:
Addms**unlt*, ttq . --. -
t nrifi lfarls.r ia*laborlood
41
Petition
gd indoor ctosing iirne for
!P€&ion
iuilrnaty rnd
background
all *lc$rd beverage establishments in sunset Harbour, accofdirg tothe
ordina.,E* propodO *s age*da ilem #C4L at lhe 8 7117 gomryiyio-1.
me61ng, ailO iuUsequantty delened to the 7/2ffrI m?eting of tha lqismi
Beach Commission
End Date: July 14, 2017
From: $unsgillarbour ileighborhood Condarninium ReaidgntE
tff* the cndarrigned residcnts ol ths Sr*set Harbotr
f{eighborh*d do hereby re$p€rttully reqa*st that the CIS
Co*nrni*siEn al the July 26s' 20{? meetirg -'..=.'-',: ir."}l lilrr
.lrr i-i l, ; ii.: :..r':::.:r.:.:.:, the lategt parmitied indoar closing llmelor
alcohol bever*ge e*t*blishmsntr in Suns*t l.larbourfrom 5AIrl to
zAm,
(los;54-8sS6
PIearc fill outthe following information an? fux to Your managamentoffice:
Actlon
pt&ton*dfor Date: June 7,2017
Name: Joao Bernardo Barbosa
Addras* & Unit 1; 1415 ?0th Skqgl - Unit {.Q3 Vleni Beach,,_FL 33139
Email Address: . iqSo@jPbParrcgm
sign.tur., /.{RB(---
/-
$unset Herbeur l{eig}borhood
42
Petition
Petition
surrmary and
bac*ground
Action
petitioned for
To: illiaml Eeach Ciry Cornmission
Data: June7,2O17
End 3ate: Ju1y24,2017 i
From: sunset Harbotrr Neighborhood condominium Residerts
We the undersignad residents sl ifre Sunsel Halbouri'leighborhood do herehy raspectfully request that tha clty
CommisEion at the July zBu, 20,tT meeting vote FSffi ths
*rdinam*e ta *li*ng* the latest permitted finoooi crosing fime for
alcohsl baverage establishments in $unset Harbour rrom saM tg
(gos) 5*+-trs 35
Please fill out the fotlowing informltion arff fax to yorr r"nugement office:
Name:
Address&Unit*, l;l-te * f.c> t, fr.
EmailnAAress: icltqrnr,r,rf CfO/, 00r+r 1...
.J
ordinance io aatab
all alcohol beverage establishments in sunset Harhur, accordirfi to the
ordinance proposed as agenda item #c4L at the,:6lrl17 commission
meeting, and subsequently defened tathe1126117 meeting of tre Miami
Beach Commission
Sunset Harbou r t{eighborhood
43
44
Agenda ltem C7 AB
oate ? 4A 47MIAMIBEACH
City of Miomi Beoch, lZ00 Convention Center Drive, Miomi Beoch, Florido 33,I39, www.miomibeochfl.gov
COMMISSION MEMORANDUM
TO:Mayor Philip Levine and Members the City rsston
Jimmy L. Morales, City Manager
July 26,2017
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THECIry OF MIAMI BEACH, FLORIDA, ACGEPTING THE WRITTEN
RECOMMENDATTON OF THE CtTy MANAGER (AS SET FORTH lN
THE CITY COMMISSION MEMORANDUM AGCOMPANYING THIS
RESOLUTTON) AND WAIVING, By 5/7rH VOTE, THE COMPETITIVE
BIDDING REQUIREMENT, FINDING SUCH WAIVER TO BE IN THE
BEST INTEREST OF THE CITY, AND APPROVING, !N SUBSTANTIAL
FORM, THE ATTAGHED ONE (1) YEAR PILOT AGREEMENT
BETWEEN THE CITY AND VAN DAALEN TENNIS, LLC FOR
PROGRAMMING AT THE CITY'S NORTH SHORE TENNIS CENTER,
SUBJECT TO FINAL NEGOTIATION OF THE AGREEMENT BY THE
CITY ADMINISTRATION, AND SUBJECT TO LEGAL REVIEW AND
FORM APPROVAL OF THE FINAL NEGOTIATED AGREEMENT BY
THE CITY ATTORNEY'S OFFICE; AND FURTHER AUTHORIZTNG THE
MAYOR AND CITY CLERK TO EXECUTE THE FINAL AGREEMENT.
ANALYS!S
On April 26, 2017, City Commission referred the item regarding insourcing of North Shore
Tennis to the Neighborhoods and Community Affairs Committee (.NCAC"), in light of several
emails that the Administration and indivldual City Commissioners received regarding the
teaching professionals at North Shore Tennis Center ("the Cente/').
At the May 19, 2017 NCAC meeting, the Committee moved to refer the item to the Finance and
Citywide Projects Committee ('FCWPC'), and directed staff to identify potential operating
models, outlining their financial implications for consideration as part of the budgeting process.
ln the essence of time, a special FCWPC meeting was noticed for June 5, 2017. Following
direction from NCAC, staff identified the outsourcing of programming and instruction and the
insourcing of the Center's operations as a potential operating model (See Exhibit B).
ln this model, the Center's hours of operation would be 7.30 a.m. to 9:30 p.m., 7 days a week.
The City would be responsible for the front desk, reservation and software system, money
collection, maintenance of courts and overall facility, and other tasks or duties as needed.
Additionally, all membership and court fees would stay with City.
As such, and so as to not interrupt current programming and instruction at the North Shore
Tennis Center, the Administration recommends entering into a Pilot Agreement with Van Daalen
Tennis, LLC, for a period of one year, beginning on August 1,2017.
FROM:
DATE:
SUBJECT:
45
After the one year pilot, the City will evaluate the performance of Van Daalen Tennis, LLC as it
relates to customer satisfaction, revenue generated, program offerings, and expenses incurred.
At that time, the City can either terminate the Agreement (at the end of the one (1) year term), or
explore such other options (including continuing to retain Van Daalen, LLC), as the City may
deem appropriate.
As consideration of the services to be provided pursuant to the Agreement, the City agrees to
pay Van Daalen Tennis, LLC the following:(1) a programming fee equal to 70o/o of all monthly gross programming fees collected
by the City, with the City retaining 30% (the "City's Share") of the monthly gross
programming fees;(2) a management fee equal to 70o/o of the City's Share, with the City retaining the
remainder of the City's Share; and(3) Van Daalen Tennis, LLC's programming fee and management fee shall be
subject to a cap of $500,000 for the one (1) year pilot term, or a pro-rata thereof,
as to any month to month extension of the term.
Martin Van Daalen (principal) has been working at the North Shore Tennis Center since 2015
serving as the Director of the Miami Beach Tennis Academy. Mr. Van Daalen has many years of
experience coaching players such as Pete Sampras, Mary Pierce and Jennifer Capriati. He is
also the former coach of Men's Tennis for the USTA Player Development program and is the
author of Teaching Tennis Volume 1. As part of the attached Agreement, Van Daalen Tennis,
LLC, not the City, would contract with the existing tennis teaching professionals (currently
working at the North Shore Tennis Center). As of July 20, 2017, Van Daalen verbally
represented to the City that it will secure employment or independent contractor agreements
with the existing tennis professionals, so that teaching services at North Shore will continue on
an uninterrupted basis.
CITY MANAGER'S RECOMMENDATION
Based upon the foregoing, the City Manager recommends that the Mayor and City Commission
waive the formal competitive bidding requirement, by a 5/7th'vote, as permitted under Section 2-
367(e) of the City Code, as being in the best interest of the City.
Attachment
Exhibit A - Van Daalen Tennis, LLC Management Agreement
Exhibit B - Potential Operating Model Presented at June 5, 2017 Special FCWPC
Meeting
Exhibit C - Resolution
JLM/EC/JR
46
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITYOF MIAMI BEACH, FLORIDA, AGCEPTTNG THE WRITTEN
RECOMMENDATTON OF THE ClTy MANAGER (AS SET FORTH lN THECITY COMMISSION MEMORANDUM AGCOMPANYING THIS
RESOLUTTON) AND WAIVING, By 5/7rH VOTE, THE COMPETIT|VE
BIDDING REQUIREMENT, FINDING SUGH WATVER TO BE IN THE BEST
INTEREST OF THE GITY; AND APPROVING, IN SUBSTANTIAL FORM,
THE ATTACHED ONE (1) YEAR PILOT AGREEMENT BETWEEN THE
CIry AND VAN DAALEN TENNIS, LLC FOR PROGRAMMING AT THE
CITY'S NORTH SHORE TENNIS CENTER, SUBJECT TO FINAL
NEGOTIATION OF THE AGREEMENT BY THE CIry ADMINISTRATION,
AND SUBJECT TO LEGAL REVIEW AND FORM APPROVAL BY THE
CITY ATTORNEY; AND FURTHER AUTHORIZING THE MAYOR AND
CIry CLERK TO EXECUTE THE FINAL AGREEMENT.
WHEREAS, on April 26,2017, City Commission referred the item regarding insourcing of
North Shore Tennis to the Neighborhoods Community Affairs Committee ("NCAC"), in light of
several emails that Administration and individual City Commissioners received regarding the
teaching professionals at the North Shore Tennis Center ("the Cente/');and
WHEREAS, at the May 19,2017 NCAC meeting, the Committee moved to refer the item
to the Finance and Citywide Projects Committee ("FCWPC"), and directed staff to identify
potential operating models, outlining their financial implications for consideration as part of the
budgeting process; and
WHEREAS, in the essence of time, a special FCWPC meeting was noticed for June 5,
2017 and, following direction from NCAC, staff identified the outsourcing of programming and
instruction and the insourcing of the Center's operations as a potential operating model; and
WHEREAS, in this model, the Center's hours of operation would be 7:30 a.m. to 9.30
p.m., 7 days a week, and the City would be responsible for the front desk, reservation and
software system, money collection, maintenance of the overall facility, and Van Daalen Tennis,
LLC would maintain responsibility of the programming, including contracting with each of the
individual tennis teaching professionals who are currently working at the North Shore Tennis
Center; and
WHEREAS, the FCWPC recommended that staff implement this model; and
WHEREAS, in order to prevent the interruption of the current programming and
instruction at the North Shore Tennis Center, the Administration recommends entering into the
attached Pilot Agreement with Van Daalen Tennis, LLC, for a period of one year, beginning on
August 1,2017; and
WHEREAS, at the conclusion of the one (1) year term, the attached Agreement would
continue on a month to month term (terminable for convenience by the City), enabling the City,
during the term, to evaluate the performance of Van Daalen Tennis, LLC as it relates to
customer satisfaction, revenues generated, program offerings, and expenses incurred; and
WHEREAS, it is understood that if the City is dissatisfied with the performance, revenues
or programming deliverables of Van Daalen Tennis, LLC after the one (1) year pilot program,
the City may terminate the Agreement and explore other options; and
47
WHEREAS, Martin Van Daalen (principal) has been working at the North Shore Tennis
Center since 2015 serving as the Director of the Miami Beach Tennis Academy; and
WHEREAS, Mr. Van Daalen has many years of experience coaching players such as
Pete Sampras, Mary Pierce and Jennifer Capriati and he is also the former coach of Men's
Tennis for the USTA Player Development program and is the author of Teaching Tennis Volume
1; and
WHEREAS, the City Manager recommends that the Mayor and City Commission waive
the formal competitive bidding requirement, by a 5/7th' vote, as permitted under Section 2-
367(e) of the City Code, as being in the best interest of the City, and approve, in substantial
form, the Agreement with Van Daalen Tennis, LLC, incorporated herein by reference and
attached to this Resolution as Exhibit "1".
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 written recommendation of the City Manager (as set forth in the
City Commission Memorandum accompanying this Resolution) and waive, by 5t7th vote, the
competitive bidding requirement, finding such waiver to be in the best interest of the City; and
approve, in substantial form, the attached One (1) Year PilotAgreement between the City and
Van Daalen Tennis, LLC for programming at the City's North Shore Tennis Center, subject to
final negotiation of the Agreement by the City Administration, and subject to legal review and
form approval by the City Attorney; and further authorize the Mayor and City Clerk to execute
the final negotiated Agreement.
PASSED and ADOPTED this 26th day of July, 2017.
ATTEST:Philip Levine, Mayor
Rafael E. Granado, City Clerk
APPROVED AS TO
FORM & LqNGUAEE
& FOR EXECUTION I%r-ld+Bv#\,1
48
'r' I ' ',,
VAN DAALEN TENNIS, LLC.
oNE (1) YEAR PILOT AGREEMENT
TO PROVIDE PROGRAMMING AT THE
CITY'S NORTH SHORE TENNIS
,, ",'' 'CENTER
EXHIBITtrr
49
INDEX
TITLE PAGE
sEcTroN 1. TERM. .....................4
SECTION 2. CENTER WHERE PROGRAM OCCURS............. ,,,,.,,.,....4
sEcTroN s. usE(s) ........4
3.1 Public Tennis Facility. ...........43.2 ProhibitedActivities.3.3 Hurricane Evacuation Plan. ....;....:...... ......53.4 Personnel Background Checks, lD Badge Requiremehts.... .................5
..t..t', -,,,, ;r. ....... ....,........6
SEGTION 4. FEES AND REPORTS...... .....,..... .::.::.......... ........6
4.1 Contractor Payment .......64.2 Contractor Reports. ...........;i.;. .......-.,.."... ......74.3 Sales and Use Tax. ........ ........i..;.... .............1
SECTION 5. EMPLOYEESAND INDEPENDENTCONTRACTORS......,,,,.,....,,,,.7
SECTION 6. HOURS OF OPERATION AND COURT USAGE. ............ ..........86.1 Center Hours. .......86.2 Change of Hours. ............ ......-...-.,;... ....................8
6.3 Court's Usage. .............,.r!........;..,i... ....................8
sEcTtoN 7. TENNTS FEES; CHARGES AnO PROGRAMS, AND RELATED
SERVICES TO BE PROV!DED....... ..........9
SECTION 8. ALTERATIONS, MAINTENANCE, REPAIRS AND SECURITY. .............. 1 O8.1 Building and Facility Alterations............ ...................108.2 Building and Facility Maintenance....... ................118.3 Courts and Related Facilities Maintenance Standards......... .........11
8.4 ., ,,.Equipment...............:...... ........11
8,5. , '' Orderly Operation ....12
8.6,,,,,,, Dangerous Materials. .....-...... ....128.7 ' 'i'Security. ............ ...........128.8 lnspection....... ...............12
sEcTtoN 9. |NSURANCE... ........13
SECTION 10. FINES AND PENALTIES. ....13
sEcTroN 11. TNDEMNTTV. ..................14
11.4 Subrogation.............. .,.............1511.5 Force Majeure. ...............1S
1 1 .6 Labor Dispute. ........1 s11.7 Waiver of Loss From Hazard. ...........15
SECTION 12. DEFAULT AND TERMINATION. ....1512.1 Bankruptcy. ............ ..................1012.2 Non-Monetary Defau|t.............. ...............1012.3 City's Remedies for Contractor's Default. ..............1612.4 Surrender of Center. ............17
50
51
ONE (1) YEAR PILOT AGREEMENT BETWEEN
CITY OF MIAMI BEACH, FLORIDA AND VAN DAALEN TENNIS, LLC TO PROVIDE
TENNIS PROGRAMMING AT THE CITY'S NORTH SHORE TENNIS CENTER
THIS AGREEMENT made the
-
day of
-,
2017 ("Efiective Date"), between the
CITY OF MIAMI BEACH, a municipalcorporation of the State of Florida (hereinafter called "City"),
having its principal address at 1700 Convention Center Drive, Miami Beach, Florida,33139, and
VAN DAALEN TENNIS, LLC., a Florida limited liability company, having its principal offices at
15051 Royal Oaks Lane, Apt. 1604, North Miami , Florida 33181 (hereinafter called
"coNTRACTOR").
sEcTtoN 1. TERM. , ,. ., ''' ,
,......i ' a ,1.1 This Agreement shall be for one year-. The Agreement shall bd deemed by the parties
hereto to have commenced retroactively, as of, TBD, (the "Commencement Date"), and shall
terminate on TBD.
1.2 At the conclusion of the one (1) year term in,subsection '1.1 above, the Agieement shall
continue on a month to month basis (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 underthis Agreement, orterminate 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 conv.enience, upon thirty (30) days prior written notice to
CONTRACTOR.
1.3 The fees to-participate in CONTRACTOR'S tennis programs are set forth in Exhibit
"A" hereto, whlch is incorporated herein by reference. Any changes to the approvat
fees shall require prior written approval of the Gity Manager, or his designee.
sEcTqN 2. GENTEBWHERE pRocRAM OccuRS
2.1 ' The City has employed the CONTRACTOR, and CONTRACTOR agrees, to managetennis
programming, at the following City-owned recreational facilities (hereinafter such recreational
facilities may be referred to individually as a "Center" or collectively as the "Centers"):
2,,1;1 That''certain City-owned recreational facility commonly known as the North
Shore Tennis Center, located at 501 72 Street, Miami Beach, Florida 33141.
SECTION 3. USE(S).
The CONTRACTOR is hereby authorized to conduct the following kind(s) of businesses and provide
the following kind(s) of services within the Centers, all at its sole cost and expense:
3.1 Public Tennis Facility.
CONTRACTOR agrees it will use the Center solely for the operation of a first-class tennis
programming facility. This use shall include the operation of the tennis courts and potential
pro shop. CONTRACTOR'S services in connection with the uses set forth herein shall
include those services proposed by CONTRACTOR, as attached and incorporated in Exhibit
52
3.2
"A" hereto, and permitted Special Events (asdefined in Section 17) relatedtosuch public
tennis center activities; provided, however, that in the event of a conflict between Exhibit "A"
and the terms of this Agreement, the terms of this Agreement shall take precedence.
No other use, business, or services shall be conducted by CONTRACTOR at the Center
without the prior written consent of the City Manager, or his designee.
CONTRACTOR agrees, acknowledges, covenants and represents to the City that the
Center is for the use by the public; that such public use is a prime consideration; and must
be balanced accordingly with the services to be provided by the CONTRACTOR, without
restricting, or in any way limiting, the public access, nature, or ambiance of the Center.
Accordingly, CONTRACTOR agrees, acknowledges, covenants and represents to Citythat
the public's right to use the Center shall not be infringed upon by any activity of
CONTRACTOR. This includes, without limitation, the monopolization of courts for lessons
during identified "peak times". "'
,;,
CONTRACTOR hereby agrees, acknowledges, covenants, and represents to City that,
during the term of this Agreement, it shall continually provide high-quality, first-class
affordable tennis services to the City's residents and vjsitois; to meet the demands of the
City's hotel community for access to high quality, first-class tennis programming within Miami
Beach; and to progressively upgrade tennis programming at the Center throughout such
Term.
Prohibited Activities.
CONTRACTOR will conduct its operations so as to maintain,a reasonably quiet and tranquil
environment for the adjacent areas, and make no public disturbances.
CONTRACTOR Shall not use- the Center for any unlawful purpose and shall comply with all
laws and perrnitting requirements now in,forie or hereafter adopted, applicable to the
Center, and/ or uses and businesses conducted on the Center. CONTRACTOR agrees not
to use the CenteifOr, or to permit the operation of, any offensive, noisy or dangerous activity,
nuisance or anything against public policy. There shall be no living quarters at the Center,
nor shall anyone be permitted to live at the Center. Except as may result from acts of force
majeure, CONTMCTOR agrees that it will not allow the Center to become unoccupied or
vacant. CONTRACTOR will not permit the outside use of any musical instrument or noise-
mg,king device at the Center, which would be in violation of the City's Noise Ordinance, as
same,may be amended from time to time.
Hurricane Evacuation Plan .
CONTRACTOR agrees to comply with the City's Hurricane Evacuation Plan and will
cooperate fully with the instructions given by the City's representative to initiate the plan
immediately upon notice of the issuance of a Hurricane Warning by the Miami-Dade County
Office of Emergency Management. CONTRACTOR shall, at a minimum, secure the Center
and all related materials and assist with the removal and reinstalling of windscreens in
accordance with the procedures included in the City's Recreation Division Hurricane
Evacuation Plan, as included in Exhibit "B," attached hereto.
Personnel Backqround Checks. lD Badoe Requirements.
CONTRACTOR shall comply with the requirements of Sections 1012.32 and 1012.465,
Florida Statutes, requiring that only those employees who have successfully passed the
3.3
3.4
53
background screening required by the referenced statutes, and who meet the standards
established by the statutes, be allowed access to the Center and/or allowed to perform
services under this Agreement. This requirement shall also extend to all CONTRACTOR
representatives, agents, independent contractors, sub-contractors, or volunteers (such
employees, representatives, agents, independent contractors, sub-contractors, or volunteers
of CONTRACTOR shall be collectively referred to herein as "Personnel") performing duties
under this Agreement.
The Personnelshall undergo the aforestated background screening and a drug screening,
(collectively referred to herein as "Background Check Process") priorto entering the Center
to begin employment and/or deliver services. The Background Check Process will be
conducted by the City of Miami Beach Human Resources Department. The Personne! shatt
not be permitted to work at the Genter unti! such tirne as the Background Check
Process has been completed and the Personnel is cleared to perform duties under
this Agreement. lf any Personnel is away from the job for a period of 45 or more days, the
City will require a new Background Check ProcesS,
The CITY and CONTRACTOR agree and acknowledge that the failure of CONTRACTOR to
perform any of the duties described in Subsection 3.4 shall constitute a material breach of
this Agreement, for which the City reserves thb right to terminate immediately and without
further liability to the City. CONTRACTOR agrees to indemnify and hold harmless the City,
its officers and employees of any liability in the form of physical or mental injury, death or
property damage resulting in CONTMCTOR's failure to comply with the requirements of
this Subsection 3.4, or Sections 1012.1:2 aod 1012.465, Florida Statutes.
CONTRACTOR agrees to require all of its Personnelto notify the CONTRACTOR and the
City of any arrest(s) or conviction(s) of any offense within 24 hours of its occurrence.
CONTRACTOR further agrees to immediately notify the City upon becoming aware that one
of its Personnel, who was previously certified as completing the Background-Check Process,is subsequently arrested or convicted of any disqualifying offense. Failure by
GONTRACTOR to notify the City of such arrest or conviction within 24 hours of being
put on notice shall constitute a materla! breach of this Agreement entitting the City to
terminatEthis Agreement immediatety, without further liability to the City.
3.5 Business Tax Receipts.
CONTRACTOR shall obtain, at its sole cost and expense, any and all business tax receipts
reguired by law for the proposed uses contemplated in this Agreement.
'ri
Without,limiting the generality of the foregoing, securing the requisite business tax receipts,
in addition to completing the Background Check Process in accordancewith Subsection 3.4
hereof, shall be .required and obtained for each individual professional tennis instructor
providing lessons and/or clinics at the Center.
SECTION 4. FEES AND REPORTS
4.1 CONTRACTOR Pavment
The fees to participate in CONTRACTOR'S North Shore Tennis Programs are set forth in
Attachment "A" hereto, which is incorporated herein by reference. ln consideration of the
Services to be provided, City shall pay CONTRACTOR, a programming fee equal 7Oo/o of all
monthly gross programming fees collected by the City, leaving the City with 30% (the "City's
Share") of the monthly gross programming fees. The City shall also pay CONTRACTOR a
54
4.2
4.3"
management fee equal toTOo/o of the City's Share, to use to pay CONTRACTOR's coaches,
with the City retaining the remainder of the City's Share of the monthly gross programming
fees. The CONTRACTOR's annual programming fee and management fee shall not exceed
$500,000 during the term, or a pro-rata thereof, during any month to month extension of the
term. The city shall provide payment to coNTRACToR by the l sth of the Month.
By way of an example, assuming that the gross programming revenues for one month
equal $100,000, the coNTRAcroR's programming fee and management fee would
be calculated as follows:
,,, ,r::
CONTRACTOR receives a programming fee of 70o/o of the:monthly gross programming
revenues, in the amount of $70,000, with the City retaining,309/o, in the amount of 30,000.
CONTRACTOR will receive a management fee of 7Oo/oof the City's Share (7lo/o of
$30,000), in the amount of $21,000, leaving the City with 99,000 bt tne totai monthly
gross programming revenues.
CONTRACTOR Reports ,, l,
,,,
4.2.1 The CONTRACTOR shall proVidd a monthly activity reporUrevenue report
which shall be submitted to the City bi-weekly. The monthly reports shall include,
but not be limited to, the following lnformatidn: ,,,
(A) a comprehensive break-down, of all day,'iplay, clinics, tournaments and
revenues generated in the prior month by category, and other performance
measures:'as determined by the City.
(B) , a,work plan to'adequately address Continuous Quality lmprovement goals in
the CONTRACTOR's management plan.
.:. .:... ..,:. ttt'
(C) the City reserves the right to add or modify the items required in the monthly
:',, ,: report, as the City deems necessary, in its sole and reasonable discretion, in,:r., , , ,",order to adequately monitor performance of the CONTRACTOR.
Sales and Use Tax.
'Payment of any required Florida State Sales and Use Tax shall be the responsibility of
CONTRACTOR. lt is the City's intent that it is to receive all payments due fiom
CONTRACTOR (as contemplated in 4.1) as net of such Florida State Sales and Use Tax.
SECTION 5. EMPLOYEES AND TNDEPENDENT CONTRACTORS.
ra
5.1 CONTRACTOR agrees that during the Term of this Agreement, Martin Van Daalen shall
have active, ongoing direct participation in the day to day tennis programming operation,
of the Center. ln the event that the CONTRACTOR, or otherwise ceases to participate in
the day to day tennis programming operation of the Center pursuant to this Agreement,
then the City, at its sole option, may terminate this Agreement for cause pursuant to
Section 15. ln the alternative, should the City not opt to terminate this Agreement as
provided therein, it shall have prior written approval as to any replacement of the
Principal subsequently offered by the CONTRACTOR.
55
ln connection with the performance of its responsibilities hereunder, CONTRACTOR may
hire Personnel (as defined in Subsection 3.4 herein), who will be the Personnel of the
CONTRACTOR and not of the City, and who will be subject to a background Check
Process, as set forth in Subsection 3.4 herein, at the expense of the CONTRACTOR.
CONTRACTOR shall provide an adequate number of Personnel and man-hours in orderto
perform the services required under this Agreement. CONTRACTOR shall select the
number, function, , compensation, including benefits (if any), and may, at its discretion and
at any time, adjust or revise the terms and conditions relating to such Personnel, in order to
ensure an adequate number of Personnel and man-hours
:
5.1.2 The CONTRACTOR agrees that all personnel for the Norttr Shore Tennis Center shall be
certified Tennis Professionals by USPTA, USTA, USPTRorequivalent. The CONTRACTOR
and personnel must demonstrate knowledge and experience in tennis instruction and related
activities, as well as, knowledge of the legal requirements that are involved in this type of
operation. There must be onsite tennis program management by the CONTRACTOR, at the
Tennis Center during operating hours.
5.1 .3 lndependenVsub-contractors/Third Party Professional shall not be permitted at the Center.
lndependenUSub-contractors/Third Party Professionals,,include but are not limited to a
residenVnonresident:(A) Who teaches or gives tennis lessons for a fee independent of CONTRACTOR(B) Who teaches on a courtwith'a ball basket and with more than three balls with one or
more players independent of ::. .
CONTRACTOR(C) Who collects money for instruction and/or: lesson independent of CONTRACTOR
5.2 CONTRACTORls,Personnelshall wear clean ,ppropriri" apparelto include uniforms/name
tags, such that Center patrons can easily identify CONTRACTOR and its Personnel. All
Personnelfumished to the City of Miami Beach must be uniformed. Each uniform shalldisplay
CONTRACTOR's name and logo, which logo shall be subjectto approval bythe City. Uniformi
must be provided'atthe CONTRACTOR'sexpense, and may not be charged to an employee
or dedueted from an employees' paycheck, therefore reducing the hourly fay rate to less than
the living wage rate required under the City's Living Wage Ordinance, as same may be
amended from time to time.
"'AllPersonnel shall observe allthe graces of personalgrooming. The CONTRACTOR shall
hiie Personnelto work in its operation who aie neat, cl-ean, quatitieO and efficient and shall
compOrt themselves in a professional and courteous manner and be in conformity with the
City's eustomer Service standards, as set forth in the attached Exhibit "C". lf the City deems
it appropriate, the CONTRACTOR and its Personnel may be required to attend Customer
Service training,asconducted by the City. The CONTRACTOR and any Personnel hired by
same shall comply with the pre-employment requirements and standards as established by
the City of Miami Beach's Human Resources Department. lf CONTRACTOR materially fails
to comply with these provisions, the City may send notice of default. The CONTRACTOR
shall have an experienced Tennis Programming manager overseeing the Center and related
operations at all times the Center is open to the general public in the absence of the
CONTRACTOR.
SECTION 6. HOURS OF OPERATION & COURTS USAGE.
6.1 Center Hours
56
6.2
The CONTRACTOR shall offer programming at the Centers from 7:30 A.M. to 9:30 P.M.
every day of the year, with the exception of closures due to weather conditions or events of
force majeure permitting, and certain holiday agreed upon by the CONTRACTOR and the
City of which proper signage and notification to patrons must be adhered to.
Chanqe of Hours
Any change in the hours of operation shall be at the City's sole option and discretion, and
any request by CONTRACTOR for an increase or decrease in same shall be subject to the
prior written approval of the City Manager or his designee.
,,:
Court's Usaoe.
6.3.1 The CONTRACTOR acknowledges and agrees to prioritize utilization of courts for
public usage by restricting lesson/clinic/prografiming courts not to exceed four (4)
clay courts and one (1) hard court at the North Shore Tennis Center during peak
hours of play (7:30 AM to 11:00 AM and 4:00 PM to 7:00 PM'). Courts are not to be
booked or reserved by the professional tennis instructors for lessons more than one
(1) day in advance. The term lesson shall mean a unit of instruction on an individual
or group basis for which payment is received as outlined in Exhibit "A1.
6.3.2 Additional court usage forlessons, programsand clinics during non-peak hours shall
be subject to the prior written approval of the City. At no time shall more than 50% of
all courts be utilized for lessons, programs and clinics until 10 minutes after any non-
peak hour and there are no tennis patrons waiting for a court, without the prior
written approval of the City. GONTRACTOR must use due diligence when assigning
courts for open play and lessonsto include: (a) alternating courts where lessons are
taught to aVoid overplaying a court or battery of courts anO 1U; separating open play
courts fronr lesson courts to avoid injury. CONTRACTOR can allow for court
reseryations to be made on hour or half hour intervals as appropriate. Reservations
for doubles play shall be for up to two (2) hours.
': l
Public Benefits.
6,4,1 The OONTRACTOR agrees that the City's Parks and Recreation Department
, program€ or co-sponsored programs will have use of two (2) courts at the Center, at"' no charge to,the City,,twice per week, for two (2) hours for each court, between ther''' hours of 11:00 a.m. and,5:00 p.m, to be mutually agreed upon by the parties.
6.4.2 ',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.
6.4.3 The CONTRACTOR also agrees to provide fee waivers and/or fee reductions in
pricing for programs (i.e. clinics, academies, lessons, camps, etc.) for those City of
Miami Beach residents from low socio-economic backgrounds who qualify. The
CONTRACTOR agrees to utilize the same criteria for determining eligibility for fee
waivers or reductions as being used by the City of Miami Beach Parks and
Recreation Department at the time of the request. Fee waivers do not apply to
private lessons unless agreed upon by CONTRACTOR.
6.4.4 The CONTRACTOR shall also offer free and/or affordable programming for Miami
Beach residents with disabilities (i.e. Wheelchair Tennis) and for Miami Beach
6.3
6.4
57
Senior residents. The CONTRACTORwillmake provisionsforsummerand specialty
camps, which camp programs will include, without limitation, camp programs for
people with disabilities and for Seniors based on the established Parks and
Recreation Department format.
SECTION 7. TENNIS FEES. PROGRAMS & RELATED SERVICES TO BE PROVIDED.
7.1 The CONTRACTOR must comply with the fee schedule for the 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.
7.2 Fees for lessons and clinics to be offered must be prominently posted at the Center at
those location(s) where such fees are normally paid. All fees and charges shall be
competitive with those charged by comparable public tennis centers in,rMiami-Dade and
Broward Counties. lnitial fees for programs, clinics and lessons are set forth in Exhibit "A" (to
be provided by CONTRACTOR) attached hereto.
7.3 The City shall approve in writing, in advance, any increase in fees from those currently set
forth in Exhibit "A;" provided the CONTRACTOR shall have the right to increase fees in an
amount equal to the amount of any sales and use tax increase enacted after the effective
date of such exhibit or schedule without City's consent.
7.4 The CONTRACTOR agrees to provide the programs set forth in Exhibit "A". An
implementation schedule of said services shall be provided by the CONTRACTOR within
thirty (30) days of the Commencement Date. Said schedule and any modifications, additions
or deletions to the list are subject to the prior approval of the City.
7.5 The CONTRACTOR shall beriauthorized to provide courts, free of charge for the following:
practice for professional ,.bnnis players and their coaches, during professional tennis
demonstrations, promotional events, clinics and lessons being offered to the public at no
charge, subject to the prior written approval of the City.
7.6 The CITY shall utilize a compUer software system (i.e. Tennis Director, RecWare, Active
Network, etc.) for the purposes of tracking reservations, financials, memberships, etc. The
City shall have adminislrator rights to the CONTRACTOR's computer software system for
the purposes of conducting audits. Additionally, on-line reservations will be provided for by
the CITY as well as phone and in-person reservations, all of which must be managed and
cross-refer,enced 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.
7.7 Any print materials prepared by the CONTRACTOR for use of the Center shall have the
approval of the City prior to printing. Materials must include the City designation/ logo and
appropriate ADA (Americans with Disabilities Act) disclaimer. CONTRACTOR shall submit to
the City (for review and approval prior to the initiation of contract activities), a communication
plan addressing programming to be scheduled at the Center. All communications shall be
directed to the appropriate City staff. City shall assist with marketing materials to include:
banners, fliers, postcards and website information.
7.8 CONTRACTOR shall be responsible for stocking the Pro-Shop with appropriate tennis
1058
products, including but not limited to snacks, strings, racquets, apparel, and beverages.
Notwithstanding anything contained in this Section 7, or in the Agreement, CONTRACTOR's
food and beverage service shall be subject to and shall not, under any event, conflict with, or
otherwise violate, the City's exclusive vending contract with Coca-Cola Refreshments USA,
lnc. d/b/a Florida Coca-Cola Bottling Company and Coca-Cola North America, a division of
the Coca-Cola Company ("Coca-Cola Contract") and the City's exclusive vending contract
with BettoliTrading Corp. ("BettoliContract") (collectively referred to herein as "CityVending
Contracts"); copies of which are attached hereto and made a part hereof as composite
Exhibit D . All such revenue shall be treated as programming related fees. City will not be
responsible for purchasing, inventory, ordering, delivery or s-egufity of such products.
..: ,.. . ':,
sEcTtoN 8 ALTERATTONS. MATNTE NANC E. REpAtRq_* SECU RtTy,,,r,
8.1 Buildinq and FacilityAlterations
CONTRACTOR may not make alterations or additions to the Center. ln the event of an
emergency to prevent injury to persons or property, CONTRACTOR shall use reasonable
efforts to secure the affected area and will immediately,rnotify the City's Parks and
Recreation Department to advise of said emergency. At that time the City will assess the
situation, further secure the area in question, and determine means and method of
reparrs.
CONTRACTOR shall not have the right to create or permit the creation of any lien attaching
to City's interest in the Center as a result of any such alterations or additions.
BuildinoandFagjlitv'Maintenance. l
The City further acknowledges that the CONTRACTOR shall not be required to improve,
repair, restofe, refurbish, or othenruise inetrr any expense in improving or changing the
condition of the,Center, except for all costs in connection with the fulfillmen[ of tfris
Agreement including, without limitation, costs in connection with the maintenance of the
prograrnming equipmert. ,.,
the City shall rnaintain allelectrical, HVAC, plumbing and foundation and structural systems,
ioofs, exterior wa!!s, and sports lighting at the Center at its sole cost, and in its sole
discretion as to the means, manner and methods used for such maintenance.
The'City will maintain the grass and landscaped areas in those portions surrounding the
Center and within the Center, as well as maintenance of the equipment in connection with
the upkeep.of the tennis courts to include:
8.2
(A)
(B)
(c)
(D)
(E)
(F)
(G)
(H)
(t)
(J)
\Nindscreens
Clay
Nets (includes hardware)
Lines (includes hardware)
Balls
Algae and Weeds on courts
Restrooms (clean and stocked)
Pro Shop and facility cleanliness
Litter Control
Water coolers, ice, water and cups on the courts for patron use.
59
8.3
8.4
CONTRACTOR agrees to assist in helping to ensure the facility remains clean and tidy.
City shall have sole discretion as to the means, manner and methods utilized for the
aforestated mai ntenance.
Courts and Related Facilities Maintenance Standards.
The City shall comply with minimum standards set forth for the underground watering
systems, as set forth by the builder of the Center (Welch Tennis). The City shall conduct
monthly maintenance inspections by a City approved outside independent certified tennis
court builder/manufacturer to ensure courts are up to industry standards.
Equipment. rr.r'
The CONTRACTOR must provide and maintain, at itsown cost and expense, all materials,
labor, and any and all equipment required to operate tennis programming at the Center.
Such equipment to be included as part of the CONTRACTOR's expense are:
,,,,...,:,(A) Ball Caddies(B) Racquets(C) String(D) Water Cooler(E) Stringing Machine(F) Ball Machine(G) Clothing Racks for Display
ln the event any of the CONTRACTOR'S equipment or materials are lost, stolen, or
damaged, they shall be replaced or repaired at the sole cost and expense of the
CONTRACTOR in no more than five (5) days from date of loss, or if not possible, within
such time frame, as promptlyras reasonably possible, but in no event to exceed fifteen (15)days. The'CONTRACTOR shall maintain, in accordance with the manufacturer's
specifications and maintenance requirements, all equipment, whether City owned orowned
by the CONTRACTOR, herein specified and,purchased. All equipment shall be kept clean,
fully functional and,,free.rof damage. "' i'
.':
. .,t:
OrderlyOoeratipn,,,,,.,,,
,The CONTRACTOR shall have a neat and orderly operation at alltimes and shall be solely
responsible for tennis programing. There shall be no living quarters nor shall anyone be
permitted to live within the Center.
No Danoerous Mateiials.
The CONTRACTOR agrees not to use or permit at the Center the storage and/or use of
gasoline, fUel oils, diesel, illuminating oils, oil lamps, combustible powered electricity
producing generators, turpentine, benzene, naphtha, propane, natural gas, or other similar
substances, combustible materials, or explosives of any kind, or any substance or thing
prohibited in the standard policies of fire insurance companies in the State of Florida. Any
such substances or materials found within the Center shall be immediately removed.
Notwithstanding any contrary provisions of this Agreement, CONTRACTOR, after the
Commencement Date, shall indemnify and hold City harmless from any loss, damage, cost,
or expense of the City, including, without limitation, reasonable attorney's fees, incurred as a
result of, arising from, or connected with the placement by CONTRACTOR, after the
Commencement Date, but during the term of this Agreement, of any hazardous substance,
or petroleum products on, under, in or upon the Center as those terms are defined by
8.5
8.6
1260
applicable Federal and State Statute, or any environmental rules and environmental
regulations promulgated thereunder; provided, however, CONTRACTOR shall have no
liability for any violation arising or damage incurred as a result of the willful misconduct or
gross negligence of the City, its agents, servants or employees. The provisions of this
Subsection shall survive the termination or earlier expiration of this Agreement.
8.7 Security.
The CITY shall be provide reasonable security measures that may be required in the City's
discretion to protect the Center and any of the equipment, materials and facilities thereon.
8.8 lnspection.
The CONTRACTOR agrees that the Center and all , equipment, and operations thereon
may be inspected at any time during hours of operation by the City Manager or his designee,
or by any other Municipal, County, State officer, or agency having responsibilities for
inspections of such operations. The CONTRACTOR hereby waives all claims against the
City for compensation for loss or damage sustained by reason of any,,,[nterference (which
interference, if by the City, must be reasonable) with the operations by any public agency or
official in enforcing its or his duties or any laws or ordinances. Any such interference (which
interference, if by the City, must be reasonable) shall not relieve the CONTRACTOR from
any obligation hereunder.
SECTION 9. INSURANCE.
CONTRACTOR shall maintain, at its sole cost and expense, the following types of insurance
coverage at all times throughout the term of this Agreement.
a. Comprehensive General Liability in the minimum amount of One Million Dollars
($1,000,000) per occurrence for bodily injury and property damage. This policy must
also contain coverage for Center operations, products and contractual liability.
b. Workers dompensation lnsurance as required under the Laws of the State of
Florida.
The policies of insurance referred to above shall not be subject to cancellation or change except
upon'et,least thirty (30) days prior written notice to the City, and then only subject to the prlor written
approval of ,the City Manager or his designee. Prior to the Commencement Date, CONTRACTOR
shall provid€'City with a Certificate of lnsurance for each such policy. ALL POLICIES SHALL NAME
THE CITY OF MIAMI BEACH FLORIDA AS AN ADDITIONAL NAMED INSURED. All such policies
shall be obtained from companies authorized to do business in the State of Florida with an A.M.
Best lnsurance Guide (latest edition) rating acceptable to the City's Risk Manager, and any
replacement or substitute company shall also be subject to the prior written approval of the City's
Risk Manager. Should CONTRACTOR fail to obtain, maintain or renew the policies of insurance
referred to above, in the required amounts, the City may, at its sole discretion, obtain such
insurance, and any sums expended by City in obtaining said insurance, shall be repaid by
CONTRACTOR to City, plus ten percent (10o/o) of the amount of premiums paid to compensate City
for its administrative costs. lf CONTRACTOR fails to repay City's expenditures within fifteen (15)
days of demand, the total sum owed shall accrue interest at the rate of twelve percent (12o/o) until
paid, and such failure shall be deemed an event of default hereunder.
SECTION 10. FINES AND PENALTIES.
61
The City reserves the right to levy fines against the CONTRACTOR when the City determines that
CONTRACTOR is not meeting the necessarywork requirements. The following table belowdepicts
areas where fines will be levied:
Work Activity Grace Period
Quality of Operations 24 hours
Personnel Shortages 4 hours
Personnel Dress Code 8 hours
Equipment Deficiencies 72 hoursSupplies 8 hours
Program Management 24 hoursCommunications 48 hours
Life Safety Maintenance 2 hours
Fines for failures to complete corrective action for any.,,of the work activities listed above are as
follows:
- $100 after failing to complete corrective action after two (2) notifications
- $200 after failing to complete corrective action after three (3) notifications ',,
- $500 after failing to complete corrective action after four,,( ) notifications
lf additional time is required to complete corrective action, a written request must be submitted for
approval to the City prior to the end of the grace period. The basis for the implementation of fines
and penalties includes but is not limited to the following.
a. Personnel Shortages -:::FailurE to provide a staffing plan that meets the
maint€nanee coverage requirements of the service area, and/or failure to
provide the necessary on-site personnel in accordance to the staffing plan.
b. Personnel Dress Code - Failure of employees to meet uniform requirements,
including wearing clean uniforms..
...::::' c. Equipment Deficiencies - lnability to fully operate; in non-functional,,:: ::li:?!'jlj,:,f ;ljfi.5ffil:liil:,::y:;il??"x1; 'ackins
maintenance;
"..''' ,. d
",
nffi;:,** fm*:f"'"T1jr:;"ffi:::" ror the proper execution
s. ' Program Management - Failureto implementa comprehensive management
prqgram to respond to City and/ or stakeholder requests for services and
maintenance issues covered by the Contract.
f. Communications - Failure to submit an approved communications plan
addressing routine, scheduled, and emergency maintenance and repair
activities, and failure to provide timely notifications as previous prescribed.
g Safety Regulations - Failure to adhere to OSHA's most recently published
Safety and Health Regulations and general Occupationalsafety and Health
Standards.
SECTION 1l.INDEMNITY.
62
11.1 ln consideration of a separate and specific consideration of $1O.OO and other good and
valuable consideration the receipt and sufficiency of which are hereby acknowledged,
CONTRACTOR shall indemnify, hold harmless and defend the City, its agents, servants and
employees from and against any claim, demand or cause of action of whatsoever kind or
nature arising out of error, omission, or negligent act of CONTRACTOR, its subcontractor(s),
agents, servants or employees in the performance of services under this Agreement unless
such claim, demand or cause of action arises as a result of the City's gross negligence or
willful misconduc
,,,:,:,r,-11.2 ln addition, in consideration of a separate and specific consideration of $1O.OO and othergood and valuable consideration the receipt and suffiCiency of which are hereby
acknowledged, CONTRACTOR shall indemnify, hold harmless and defend the City, its
agents, servants and employees from and against any claim, demand or cause of action of
whatever kind or nature arising out of any misconduct of CONTRACTOR not included in the
paragraph in the subsection above and forwhich the City, its agents, servants oremployees
are alleged to be liable.
11.3 Subsections 1 1 .1 and 1 1.2 shall survive the hrmination or expiration of this Agreement.
Subsections 11.1 and 11.2 shall not apply, however, to any such liability, that arises as a
result of the willful misconduct or gross negligence of the City, its agents, servants or
employees.
.'
. '"'i' i11.4 Subrogation.
The terms of insurance policies referred to in $edion 9 shall preclude subrogation claims
against CONTRACTOR, the City and their respective officers, employees and agents.
Neither partyshall be obligated to perform hereunder and neither party shall be deemed to
be in default if performance is prevented by:
a. fire which renders at least thirty percent (30%) of the cumulative facilities
unusable and which is not caused by negligence of CONTRACTOR;
c. Any law, ordinance, rule, regulation or order of any public or military authority
stemrning from the existence of economic or energy controls, hoitilities, oi
ry?r.'
The parties hereto acknowledge that CONTRACTOR'S obligations and benefits hereunder
may be negatively affected by an event of Force Majeure. lf an event of Force Majeure
occurs during the term of this Agreement, and provided further that CONTRACTOR'S
payment(s) to the City for that contract year is greater than the applicable percentage
payment, then the City Manager, or his designee, in his sole discretion, may extend the term
of this Agreement for a reasonable period of time; provided, however, such extension shall
take effect only if CONTRACTOR agrees to such extension.
1 1 .6 Labor Dispute.
ln the event of a labor dispute which results in a strike, picket or boycott affecting the Center
63
or operation described in this Agreement, CONTRACTOR shall not thereby be deemed to
be in default orto have breached any part of this Agreement, unless such dispute shall have
been caused by illegal labor practices or violations by CONTRACTOR of applicable
collective bargaining agreements and there has been a final determination of such fact
which is not cured by CONTRACTOR within thirty (30) days.
11 .7 Waiver of Loss from Hazards.
The CONTRACTOR hereby expressly waives all claims against the City for loss or damage
sustained by the CONTRACTOR resulting from fire, water, natural disasters/acts of God(e.g hurricane, tornado, etc.), civil commotion, riot, or any other Force Majeure
contemplated in Subsection 14.5 and Labor Dispute in Subsection 14.6 above, and the
CONTRACTOR hereby expressly waives all rights, claims, and demands against the City
and forever releases and discharges the City from all demands; claims, actions and causes
of action arising from any of the aforesaid c?USeS:,,,
SECTION 12. DEFAULT AND TERMINATION. .:. . :
Subsection s 12.1through 1 2.5 shall constitute enents of default under this Agreement, An event of
default by CONTRACTOR shall entitle City to exercise any and all remedies described as City's
remedies under this Agreement, including but not limited to,rthose set forth in Subsection 15.4. An
event of default by City shall entitle CONTRACTOR to exercise any and all remedies described as
CONTRACTOR'S remedies under this Agreement, including but not limited to those set forth in
Subsection 15.5.
,i,
12.1 Bankruptcv.
lf either the City or CONTRACTOR shall be adjudged bankrupt or insolvent, or if any
receiver or trustee of all or any part of the business property of either party shall be
appointed, or if any receiver:rof all or any part of the business property shall be appointed
and shall not be discharged within sixty (60) days after appointment, or if either party shall
make an assignment of its property fo1 the benefit of creditors, or shall file a voluntary
petition in bankruptcy, or insolvency, or shall apply for reorganization or arrangement with its
cidditors under the bankruptcy or insolvency laws now ln force or hereinafter enacted,
,, ,'Federal, State, or othenruise, oi if such petitions shall be filed against either party and shall
not be dismissed'within sixty (60) days after such filing, then the other party may
immediately, or at any time thereafter, and without further demand or notice, terminjte tfrii
Agr6ement without being prejudiced as to any remedies which may be available to it for
breach of contract.
.i
12.2 trton-Monetarv Defiu[.
ln the event that'CONTRACTOR or the City fails to perform or observe any of the covenants,
terms or provisions under this Agreement, and such failure continues thirty (30) days after
written notice thereof from the other party hereto, such non-defaulting party may immediately
or at any time thereafter, and without further demand or notice, terminate this Agreement
without being prejudiced as to any remedies which may be available to it for breach of
contract. ln the event that a default is not reasonably susceptible to being cured within such
period, the defaulting party shall not be considered in default if it shall, within such period,
commence with due diligence and dispatch to cure such default and thereafter completes
with dispatch and due diligence the curing of such default, but in no event shall such
extended cure period exceed ninety (90) days from the date of written notice thereof. ln the
1664
event a defaulting party cures any default pursuant to this subsection, it shall promptly
provide the other party with written notice of same.
12.3 Remedies for CONTRACTOR'S Default.
lf any of the events of default, as set forth in this Section, by CONTRACTOR shall occur, the
City may, after notice (if required) and the expiration of cure periods, as provided above, at
its sole option and discretion, institute such proceedings as in its opinion are necessary to
cure such defaults and to compensate City for damages resulting from such defaults,
including but not limited to the right to give to CONTRACTOR a notice of termination of this
Agreement. lf such notice is given, the term of this Agreement strall terminate upon the date
specified in such notice from City to CONTRACTOR. On the date so specified,
CONTRACTOR shall then quit and surrender the Centerto City pursuant to the provisions of
Subsection 15.6. Upon the termination of this Agreement, all rights and interest of
CONTRACTOR in and to the Center and to this Agreement, and,.every part thereof, shall
cease and terminate and City may, in addition to any other rights and remedies it may have,
retain all sums paid to it by CONTRACTOR underthis Agreement, including but not limited
to, beginning procedures to collect the Perforrnance Bond or Alternate Security required in
Section 4.1 herein. ln addition to the rights set forth above, City shall have the rights to
a. The right to injundion or other similarrrelief available to it under Florida law
against CONTRACTOR; and or
b. The right to maintain any and all actions at law or suits in equity or other
proper proceedings to obtain damages resulting from CONTRACTOR'S
default.
lf any of the events of default, as set forth in this Section, by the City shall occur, the
CONTRACTOR may, after notice (if required) and the expiration of the cure periods, as
provided above, at its sole option and discretion, terminate this Agreement upon written
notice to the City and/or sue for damages. Said termination shall become effective upon
receipl oJ,a written notice of termination by the City, but in no event shall CONTRACTOR
speeify a termination date that is less than sixty (60) days from the date of the written
termination notice,;,, On the date specified in the notice, CONTRACTOR shall quit andrr:r'.surrender the Center, to City pursuant to the provisions of Subsection 12.5.
12.4 Surrender of Center.
At the expiration of this Agreement, or earliertermination in accordance with the terms of this
Agreement, CONTRACTOR shall surrender programming at the Center in the same
condition as the Center was prior to the commencement of this Agreement, reasonable wear
and tear, and City maintenance and repair obligations, excepted. CONTRACTOR shall
remove all its equipment, fixtures, personal property, etc. upon five (S)-business days written
notice from the City Manager, or his designee, unless a longer time period is agreed to by
the City. The CONTRACTOR'S obligation to observe or perform this covenant shallsurvive
the expiration or other termination of this Agreement. Continued occupancy of the Center
after termination of the Agreement without the City's approval shall constitute trespass by
the CONTRACTOR, and may be prosecuted as such. ln addition, the CONTRACTOR shall
pay to the City two hundred dollars ($200) per day as liquidated damages for such breach of
this Agreement.
12.5 Termination for Convenience.
1765
Term of this Agreement, during which the City may only terminate this Agreement for cause,
the City may terminate this Agreement at any time, at its convenience and without cause,
upon providing the CONTRACTOR with sixty (60) days written notice. ln the event of
termination for convenience pursuant to this subsection, CONTRACTOR shall quit and
surrender the Centers to City pursuant to the provisions of Subsection 15.6 hereof.
SECTION 1 3. ASSIGNMENT.
Except as otheruvise provided in this subsection, CONTRACTOR shall not assign; sublease; grant
any concession or license; permit the use of by any other person other than CONTRACTOR; or
otherwise transfer all or any portion of this Agreement and/or oJ the Center (all of the forgoing are
herein after referred to collectively as "transfers"), without the prior written consent of the City, which
consent shall not be unreasonably withheld. .. : :
lf there is a change in control of CONTRACTOR, then ani such change in control shall constitute a
"transfer" for purposes of this Agreement and shall be approved by the City Commission prior to
consummation of such change in control. "Change in control", for purposes hereof, shall mean a
change of the ownership, directly or indirectly, of greater than 1Oo/o of the voting or ownership
interest or right to profits in such CONTRACTOR, by means'of one or more transfers, sales,
mergers, consolidations, dissolutions or otheruvise; provided that the foregoing shall not be deemed
to include (l) a pledge or collateral assignment of the profits of CONTRACTOn in connection with
any financing, provided such pledge or collateral assignment is subordinate to the rights of the City
to the fees payable to the City pursuant to subsection 4.2.1 hereof; (ii) any transfer to other owners
of CONTRACTOR or to trusts the beneficiaries of which are any owner(s) of CONTRACTOR or
member(s) of their immediale family; or (iii) a change in the ownership of CONTRACTOR through a
registered public offering of'shares in CONTRACTOR ((l), (ii) and (iii) above collectively are referred
to herein as the "Transfer Exclusions"). Except for the Transfer Exclusions, any change of the
ownership, directly or indirectly , of lOYo or less of the voting or ownership interest or right to profits in
such CONTRACTOR (a "Minor Change"), by means of one or more transfers, sales, mergers,
consolidations, dissolutions or othennrise, shall be subject to the approval of the City Manager, or his
designee.
CONT'RACTOR shall notify the City of any proposed transfer, and shall notify the City Manager, or
his designee, of any proposed Minor Change, prior to consummation of same and the City-or the
City Manag6r;3S applicable, shall respond within thirty (30) days. ln the eventthat any such transfer
or Minor Change is approved,lhe transferee shall agree to be bound by all the covenants of this
Agreement required of the transferor hereunder. Any transfer or Minor Change made without
complying with this'section shall be null, void, and of no etfect and shall constitute an act of default
under this Agreement. Notwithstanding any such consent, or any permitted transfer or Minor Change
under any provision of this Section, unless expressly released by the City, CONTRACTOR shall
remain jointly and severally liable (along with each approved transferee, who shall automatically
become liable for all obligations of the transferor hereunder with respect to that portion of the
Agreement so transferred), and the City shall be permitted to enforce the provisions of this
Agreement directly against CONTRACTOR or any transferee of the CONTRACTOR without
proceeding in any way against any other person.
SECTION 14. SPECIAL EVENTS.
1866
14.1 CONTRACTOR'S proposed uses, as defined in Section 3 herein, contemplates the
production, promotion or sponsorship by the CONTRACTOR of tennis related special events
at the Center. For purpose of this subsection 14.1 only, CONTRACTOR'S "special Event"
shall mean any event in which CONTRACTOR shall dedicate, and close to the general
public, 50% or more of the Center's tennis courts. ln the event CONTRACTOR does
produce, promote or sponsor a Special Event at the Center, other than those provided for in
this Agreement; it shall abide by the City's Special Events Permit Requirements and
Guidelines. For any use, other than those provided for in this Agreement, a Special Events
Permit may be required, and if required, shall be obtained through the City's Office of Arts,
Culture and Entertainment. The City Manager's, or his designee's, authorization must be
obtained for any such Special Event. The City Administration shall evaluate requests for
Special Events Permits on a case by case basis, in accordance with the City's Special Event
Permit Requirements and Guidelines.
14.1.1citv Special Events. '' "''1" ":"
Notwithstanding Subsection 14.1 above, and inthe 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-produced special
events productions. ln such cases, the City will coordinate with the CONTRACTOR to
cooperatively produce such events The City shall,make its best effort to negotiate with
CONTACTOR including utilization of off-site City-owned neighborhood tennis courts, but if
unsuccessful the CONTRACTOR shallcease and desist,operations during the term of, and
in the area of the special event and/or production. lf the CONTRACTOR is not required to
close, or chooses to remain open without interferenceto the specialevent and/or production,
CONTRACTOR agree6 to cooperate with the City. lf the CONTRACTOR is allowed to
remain open during specialevents and/or productions, the CONTRACTOR may be allowed
to have in opeation its normal daily complement of equipment and staff. "Normal" shall be
defined as equipment and staff, approved by the City, that the CONTRACTOR has available
for the public on a normal day,.365 days per year. Such equipment or staff shall not be
increased or altered during special events and/or productions without the prior written
permission of the Clty Manager, or ''his"'designee. To the extent that the normal daily
complement of equipment and staff is displaced by the special event and/or production, the
CONTRACTOR may reallocate such displaced equipment and staff on a pro-rata basis
",Within the Center not being utilized by the special event.
SECTION 15. NO IMPROPER USE.
The CONTRACTORwiII not use, nor suffer or permit any person to use in any manner whatsoever,
the Center or any facititieS herein for any improper, immoral or offensive purpose, or for any purpose
in violation of any Federal, State, County, or Municipal ordinance, rule, order or regulation, or of any
governmental rule or regulation now in effect or hereafter enacted or adopted. The CONTRACTOR
will protect, indemnify, and forever save and keep harmless the City, its agents, employees and
contractors from and against damage, penalty, fine, judgment, expense or charge suffered,
imposed, assessed or incurred for any violation, or breach of any law, ordinance, rule, order or
regulation occasioned by any act,. neglect or omission of the CONTRACTOR, or any of its
subcontractors, employees or agents. ln the event of any violation by the CONTRACTOR or if the
City or its authorized representative shall deem any conduct on the part of the CONTRACTOR to be
objectionable or improper, CONTRACTOR shall be deemed to be in default of this Agreement
should CONTRACTOR fail to correct any such violation, conduct, or practice to the satisfaction of
67
the City within twenty-four (24) hours after receiving written notice of the nature and extent of such
violation, conduct, or practice.
SECTION 16. NOTICES.
All notices, consents, waivers, directions, requests orother instruments of communications provided
for underthis Agreement, shall be deemed properly given if, and only if, delivered personally orsent
by registered or certified U.S. mail, postage pre-paid, as follows:
lF TO THE CITY: Jimmy L. Morates
City Manager
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
With copies to: John Rebar,'Director
Parks and Recreation
2100 Washington Avenue
Miami Beach, Florida 33139
lF TO CONTRACTOR: Mr. Martin Van Daaten,
,,. ::,,t.. Van Daalen T6nnis, LLC
15051 Royal Oakg:rlane, Apt 1604
North Miami, Florida 33181
The CONTRACTOR and the eity may change the above mailing address at any time upon giving
the other party written notification. All notices under this Agreement must be in writing
%,,,,''r'
17.1 Compliance. :., '''"
CONTMCTOR shallcomplywith allapplicable City, County, State, and Federalordinances,
statuteS,'rut€s and regulations, including but not limited to ill applicable environmental City,
County, State, and Federal ordinances, statutes, rules and regulations.
17.2 Governinq Law.
This'Agieement shallbe deemed to have been made and shallbe construed and interpreted
in accordance with the laws of the State of Florida. ln case of any inconsistency between the
terms of this Agreement, and any applicable general or special law, said general, special law
shall prevail.
17.3 Eoual EmplovmentOpoortunitv.
Neither CONTRACTOR nor any affiliate of CONTRACTOR performing services hereunder,
or pursuant hereto, will discriminate against any employee or applicant for employment
because of race, creed, sex, color, national origin, sexual orientation, and disability, as
defined in Title I of ADA.
17.4 NoDiscrimination.
The CONTRACTOR agrees that there shall be no discrimination as to race, color, national
origin, religion, sex, intersexuality, gender identity, sexual orientation, marital and familial
68
status, and age or disability, in its employment practices or in the operations referred to by
this Agreement; and further, there shall be no discrimination regarding any use, service,
maintenance, or operation within the Center. All services offered atthe Centershall be made
available to the public, subject to the right of the CONTRACTOR and the City to establish
and enforce rules and regulations to provide for the safety, orderly operation and security of
the Center.
Pursuant to Sections 62-90 and 62-91 , of Chapter 62, of the Miami Beach City Code entitled
"Human Relations", CONTRACTOR, by executing this Agreement, certifies that it does not
discriminate in its membership or policies based on race, color, national origin, religion, sex,
intersexuality, gender identity, sexual orientation, marital and familial status and age or
disability.
.. ttlr r: :,.:r
. .:
SECTION 1 8. MISCELLANEOUS .
'18.1 No Partnership. I :l
Nothing contaned in this Agreement shall'lconstitute or be construed to:be or create a
partnership or joint venture between the City and CONTRACTOR.
18.2 Modifications.
This Agreement cannot be changed or modified except by agreement in writing executed by
all parties hereto. CONTRACTOR acknorrledges that no modification to this Agreement
shall be binding on the City unless approved by the Mayor:,,and City Commission except
where such authority has been expressly provided herein to the City Manager or his
designee.
18.3 Complete Aqreement. i,'
This Agreement, togetherwith allexhibits attached hereto, constitutes allthe understandings
and agreements of whatsoever nature or kind existing between the parties with respectio
the matters as contemplated herein,'
18.4 Headinqs.
,The section, subsection and paragraph headings contained herein are for convenience of
'' reference only and.are not intended to define, limit, or describe the scope or intent of any
provision of this Agreement.
18.5 Bindins.Effect. :,:',
This Agreement shall be binding upon and inure to the benefit of the parties hereto and their
respective successors and permitted assigns.
18.6 Clauses.
The illegality or invalidity of any term or any clause of this Agreement shall not affect the
validity of the remainder of the Agreement, and the Agreement shall remain in full force and
effect as if such illegal or invalid term or clause were not contained herein unless the
elimination of such provision detrimentally reduces the consideration or benefits that either
party is to receive under this Agreement or materially affects the continuing operation of this
Agreement.
18.7 Severability.
lf any provision of this Agreement or any portion of such provision or the application thereof
to any person or circumstance shall be held to be invalid or unenforceable, or shall become
2169
a violation of any local, State, or Federal laws, then the same as so applied shall no longer
be a part of this Agreement but the remainder of the Agreement shall not be affected thereby
and this Agreement as so modified shall remain in fullforce and effect.
18.8 Risht of Entrv.
The City, at the direction of the City Manager, or his designee, shall at all times during hours
of operation, have the right to enter into and upon any and all parts of the Center for the
purposes of examining the same for any reason relating to the obligations of parties to this
Agreement.
18.9 Not a Lease.
rri'r'r,.,'.,.,
It is expressly understood and agreed that no part, parcel, building, facility, equipment or
space is leased to the CONTRACTOR, that CONTRACTOR is a contractor providing
management services for the City and not a lessee; and that the CONTRACTOR'S right to
manage and operate the Center for the City shall continue only so long as this Agreement
remains in effect.
18.10 Siqnaoe.
CONTRACTOR shall provide, at its sole cost and expense, any required signs on the
Center. All advertising, signage and postings shall be approved by the City, and shall be in
accordance with all applicable Municipal, County, State and Federal laws and regulations.
Any signage posted by CONTMCTOR at the Center shall be subject to the prior written
approval of the City as to size, shape and placement of same.
',.1 , ,, ,,1 .
18.11 Conflict of lnterest.
CONTRACTOR shall perform its services under this Agreement and conduct the
professional tennis management and operations contemplated herein, in a manner so as to
show no preference for ottrer tennis operations/facilities owned, operated, managed, or
otherwise controlled by CONTRACTOR with regard to its responsibilities pursuanito this
Agreement.
,'Notwithstanding an$hing to the contrary in this Agreement, including but not limited to
,,:r€ferences to "sole option" or "sole discretion" or words of similar meaning, in each instance
in,which the approval or consent or other action of the City Commission oitne City Manager
or his designee is allowed or required in this Agreement, such approval, consent or other
action .n",|,,no, be un sonably withheld, conditioned or delayed.
18.1 3 Procedure fur Aporovals and/or Consents.
ln each instance in which the approval or consent of the City Manager or his designee is
allowed or required in this Agreement, it is acknowledged that such authority has been
expressly provided herein to the City Manager or his designee by the Mayor and City
Commission of the City. ln each instance in which the approval or consent of the City
Manager or his designee is allowed or required in this Agreement, CONTRACTOR shall
send to the City Manager a written request for approval or consent (the 'Approval Request").
The City Manager or his designee shall have up to sixty (60) days from the date of Approval
Request to provide written notice to CONTRACTOR approving of, consenting to or
disapproving of the request. However, the City Manager or his designee's failure to consider
such request within this time provided shall not be deemed a waiver, nor shall
CONTRACTOR assume that the request is automatically approved and consented to. The
70
Subsection shall not apply to approvals required herein by the Mayor and City Commission.
18.14 No Waiver.
No waiver of any covenant or condition of this Agreement by either party shall be deemed to
imply or constitute a waiver in the future of the same covenant or condition or of any other
covenant or condition of this Agreement.
18.15 No Third Partv Beneficiarv.
Nothing in this Agreement shall confer upon any person or entity; including, but not limited to
subcontractors, other than the parties hereto and their respective.successors and permitted
assigns, any rights or remedies by reason of this Agreement
,, ' : a':'
SECTION 19. LIMITATION OF LIABILITY. ... ,, ,1,
,,.,
The City desires to enter into this Agreement placing thJ operation and management of the Center
in the hands of a private management entity only if,,so doing the City can place a limit on its liability
for any cause of action for breach of this Agreement, so that its,tiability for any such breach never
exceeds the sum of $100,000.00. CONTRACTOR hereby expresses its willingness to enter into this
Agreement with a $100,000.00 limitation on recovery for any action for breach of contract.
Accordingly, and in consideration of theseparate consideration of $1OO,OOO.OO, the receiptof whichis hereby acknowledged, the City shall not be liable to CONTRACTOR for damages to
CONTRACTOR in an amount in excess of 9100,000.00, for any action for breach of contract arising
out of the performance or non-performance of any obligations imposed upon the City by this
Agreement. Nothing contained in this paragraph or elsewhere in this Agreement is in any way
intended to be a waiver of limitation,placed upon the City's liability as set forth in Florida Statutes,
Section 768.28. i ,,
sEcTtoN ?9..YHNUE. ,, .: ,: ..
This Agidment shall be enforceable in Miami-Dade County, Florida, and if legal action is necessary
by either party with respect to the enforcement of any jnd all the terms or conditions herein,
excluSi$e venue for the enforcement of,same shall lie in Miami-Dade County, Florida. CITY AND
CONTRACTOR HEREBY KNOWINGLY AND INTENTIONALLY WATVE THE RIGHT TO TRIAL BY
JURY !N ANY ACTION OR PROCEEDING THAT GITY AND coNTRAcToR MAY HEREIN
AFTER INSTITUTE AGAINST EACH OTHER WITH RESPEGT To ANY MATTER ARISING oUT
oF oR RELATEo.TO TH|S AGREEMENT OR THE CENTER.
SECTION 21. FLORIDA PUBLIC RECORDS LAW.
Pursuant to Section 119.0701 of the Florida Statutes, if the CONTRACTOR meets the definition of
'CONTRACTOR' as defined in Section 1 19.0701 (1Xa), the CONTRACTOR shatt:
a) Keep and maintain public records that ordinarily and necessarily would be required
by the public agency in order to perform the service;
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Provide the public with access to public records on the same terms and conditions
that the public agency would provide the records and at a cost that does not exceed
the cost provided in this chapter or as othenruise provided by law;
Ensure that public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed except as authorized by law; and
d) Meet all requirements for retaining public records and transfer to the City, at no City
cost, all public records created, received, maintained and/or directly related to the
performance of this Agreement that are in possession of the CONTRACTOR upon
termination of this Agreement. Upon termination of this Agreement, the
CONTRACTOR shall destroy any duplicate public records that are exempt or
confidential and exempt from public records disclosure requirements. All records
stored electronically must be provided to the City in a format that is compatible with
the information technology systems of the City.
For purposes of this Article, the term "public recordsl shall mean all documents, papers, letters,
maps, books, tapes, photographs, films, sound recordings, data processing software, or other
material, regardless of the physical form, characteristics, or means of transmission, made or
received pursuant to law or ordinance or in connection with thetransaction of official business of the
City.
CONTRACTOR'S failure to comply with the public reCords disclosure requirement set forth in
Section 119.0701 of the Florida Statutes shall be a breach of this Agreement.
ln the event the CONTRACTOR does not comply with the public records disclosure requirement set
forth in Section 119.0701 of the Florida Statutes, the City may, at the City's sole discretion, avail
itself of the remedies set forth under this Agreement and available at law.
sEcTroN 22. PROHIBITTONS;RFGARpTNG SALE OR USE OF EXPANDEp POLYSTYRENE
Expanded polystyrene, a pekoleum byproduct commonly known as Styrofoam, is neither readily
recyclable nor biodegradable and takes hundreds to thousands of years to degrade. Expanded
polystyrene is a common pollutant, which fragments into smaller, non-biodegradable pieces that are
harmful to marine life, otherwildlife, and the environment. The City's goals are to reduce the use of
expanded polystyrene and encourage the use of reusable, recyclable, or compostable alternatives.
Expanded polystyrene means blown polystyrene and expanded and extruded foams that are
thermoplastic petrochemical materials utilizing a styrene monomer and processed by any number of
techniques including, but not limited to, fusion of polymerspheres (expandable bead foam), injection
molding, foam molding, and extrusion-blown molding (extruded foam polystyrene).
Expanded polystyrene food seruice articles means plates, bowls, cups, containers, lids, trays,
coolers, ice chests, and all similar articles that consist of expanded polystyrene.
CONTRACTOR agrees not to sell, use, provide food in, or offer the use of expanded polystyrene
food service articles at any of the Center. A violation of this section shall be deemed a default under
b)
c)
2472
the terms of this Agreement. This subsection shall not apply to expanded polystyrene food service
articles used for prepackaged food that have been filled and sealed prior to receipt by the
CONTRACTOR.
2573
lN WITNESS WHEREOF, the parties hereto have caused their names to be signed and their seals
to be affixed, all as of the day and year first above written, indicating their agreement.
CITY OF MIAMI BEACH
a municipal corporation of the
State of Florida
By.
Print Name: Jimmy Morales
Print Title: City Manager
ATTEST:
Rafael E. Granado, City Clerk
VAN DAALEN TENNIS, LLC.
a Florida !imited liability company
By:
Print Name:
Print Title:
Date:
Name and Title
STATEOF FLORIDA ''"'," ) ','rii..ii..i.,
SS:
couNTY oF
,,),
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid
and in the County aforesaid to take acknowledgments, the foregoing instrumentwas acknowledged
before me by of VAN DAALEN TENNIS, LLC., a Florida
limited liability company, who is personally known to me or who has produced a valid
driver's license as identification.
WITNESS my hand and official seal in the County and State last aforesaid this _ day of
2017.
My Commission Expires:
Notary Public, State of Florida
74
Agenda ltem
Date
&AIAEAIMffiAffM
Cityof Miami Beach, lZO0 Convention Cenler Drive, Miami Beach, FL 33139, www.miamibeachfl.gov
COMMISSION MEMORANDUM
R4z
7-26-t7
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor Philip Levine
Jimmy L. Morales, City Manager
July 24,2017
DISCUSSION REGARDING
the City Commission
E CONDITION OF THE LOG CABIN
STRUCTURE LOCATED AT 8128 COLLINS AVENUE
ADMINISTRATION RECOMM ENDATION
City Administration recommends the Mayor and City Commission approving the
recommendations.
Analvsis
ln May 2017, per the direction of Administration, the Property Management Division
commissioned a conditions assessment report of the Log Cabin structure from BEA Architects,
lnc. The consultant was asked to assess the building's conditions and provide cost estimates
associated with conducting a major upgrade of the structure, relocating the structure to
elsewhere on the site and maintaining the structure as a sort of gateway building for the site.
The consultant determined that relocation was not viable (as further damage and/or collapse is
possible) and, given the extent of the deterioration, making the structure code compliant would
be "synonymous with construction of a new replacement structure". The cost estimate totaled
$487,500. This report was presented at the June 16, 2017 Finance and Citywide Committee
meeting where the committee moved to fund the demolition and removal of the structure in the
amount of $15,000.
Upon receiving feedback from North Beach residents and the Mayor's North Beach Committee
and Historic Preservation Board, Property Management staff reached out to the Building Official
and contacted two additional consultants for evaluation of the Log Cabin. The City's Building
Official visited the site and advised that the structure was not suitable for public use or
occupancy. ln particular, he noted that it is a fire trap, has no fire protection, and does not
comply with ADA or Florida Building Code accessibility requirements. One consultant, McKenzie
Construction, provided an estimate of $685,246.59 (including contingency) to restore the
structure, while conserving only 55% of the original logs.
Currently the Property Management Division is working with additional consultants to obtain
proposals for the restoration and/or relocation of the log cabin structure.
We are committed to providirlg ex@lleil public seruice and safely to all wto live, wotk aN ptay in our ibant, lropid, ht:storib @nmunity.
75
Commission Memorandum
Discussion Regarding the Condition of the
Log Cabin Structure Located a|8128 Collins Avenue
July 24,2017
At the July 21,2017, Finance and Citywide Projects Committee (FCWPC) meeting, the following
recommendations were issued regarding the log cabin structure located at 8128 Collins Avenue:
. Staff will collaborate with Daniel Ciraldo of the Miami-Dade Preservation League to
further investigate the Log Cabin's historical significance within the context of the
community.
o Administration willwork with the City's Grants Department to identify potentialfunding
opportunities available for restoration including the State Department's Division of
Historical Resources (DHR), namely the DHR's Special Category Grants.
. Property Management Division to revisit feasibility of successfully relocating the Log
Cabin and further explore the option to build an in-kind structure while salvaging key
elements of the Log Cabin that remain in fair condition today (i.e. treated interior logs
and coral rock fireplace).
The administration was asked to bring this information to the September 8, 2017 FCWPC
meeting.
Conclusion
The Administration proposes accepting the FCWPC's recommendations delineated herein.
76