2018-30240 ResolutionRESOLUTION NO.
2018 -30240
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE
NEIGHBORHOOD /COMMUNITY AFFAIRS COMMITTEE AT ITS FEBRUARY
21, 2018 MEETING AND THE FINANCE AND CITYWIDE PROJECTS
COMMITTEE AT ITS FEBRUARY 23, 2018 MEETING AND WAIVING, BY 517TH
VOTE, THE COMPETITIVE BIDDING REQUIREMENT, FINDING SUCH
WAIVER TO BE IN THE BEST INTEREST OF THE CITY, AND APPROVING
AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT
BETWEEN THE CITY AND DANNY BERRY'S BASEBALL CAMP, INC., FOR
YOUTH BASEBALL PROGRAMMING, FOR A PERIOD OF THREE (3) YEARS,
WITH TWO (2) ADDITIONAL ONE -YEAR RENEWAL OPTIONS, IN AN
AMOUNT NOT TO EXCEED $70,200.00 ANNUALLY, SUBJECT TO FINAL
NEGOTIATION OF THE AGREEMENT BY THE ADMINISTRATION, AND
LEGAL REVIEW AND FORM APPROVAL OF THE FINAL NEGOTIATED
AGREEMENT BY THE CITY ATTORNEY; DELEGATING TO THE CITY
MANAGER THE AUTHORITY TO EXECUTE AMENDMENTS TO THE
AGREEMENT FOR ADDITIONAL PROGRAMMING (BASED ON FUTURE
GROWTH OF THE PROGRAM), WITH SUCH AMENDMENTS NOT -TO-
EXCEED A TOTAL OF $25,000; AND FURTHER, ACCEPTING THE
RECOMMENDATION OF THE NEIGHBORHOOD /COMMUNITY AFFAIRS
COMMITTEE AT ITS FEBRUARY 21, 2018 MEETING FOR THE
ADMINISTRATION TO ENGAGE DOVER, KOHL AND PARTNERS TO
INCLUDE A STUDY ANALYZING THE POSSIBLE INCLUSION OF A LITTLE
LEAGUE BASEBALL FIELD ON THE WEST LOTS.
WHEREAS, Danny Berry has established and administered a Youth Baseball Program
for Miami Beach residents and visitors ages 3 -13 at North Shore Park since 2015 and has been
one of the fastest growing programs offered through the Parks and Recreation Department; and
WHEREAS, during the, 2015 winter inaugural season, Danny Berry Baseball consisted
of 145 participants, 14 teams and 42 volunteer coaches. Every season the number of teams,
coaches and volunteer participation has continued to grow. At the culmination of the fall 2017
baseball season the program has grown to 215 participants, 20 teams, and 70 volunteer
coaches, with the winter 2018 season anticipating 23 teams; and
WHEREAS, during the fall 2017 season, Fairway and Normandy Isle Park hosted the
program and potential games are set to occur at Flamingo and Polo Park during winter 2018 to
assist with the growing demand for field space; and
WHEREAS, in the winter 2018 season growth is expected at the 11 -13 year old Major's
Division with the hopes of building this Division and essentially creating a Middle School League
to be a feeder program for the Miami Beach Senior High Baseball Program; and
WHEREAS, currently the Danny Berry Baseball Program and the City of Miami Beach
have entered into a Professional Services Agreement which began on January 1St 2018 and
ends on May 31, 2018 (Exhibit A) which includes:
• In consideration for the services provided, Danny Berry is compensated on a fixed
fee basis, in a total amount not to exceed $35,100.00;
• The City pays Danny Berry a management fee of $1,250.00 per individual baseball
team, not to exceed 26 teams;
• In addition to the Management fee, Danny Berry is paid a Clinic Fee of $100.00 per
baseball clinic conducted, at a maximum of one (1) clinic per team during the term of
the Agreement; and
WHEREAS, the Department has already paid Danny Berry Baseball approximately
$25,000.00 at the start of the current Fiscal Year for fall programming; which will exceed the
City Manager's $50,000 approval authority in a fiscal year for Professional Services
Agreements; and
WHEREAS, the Administration desires to establish a three (3) year agreement, with two
(2) additional one -year renewal options, with the Danny Berry Baseball program, beginning on
August 1st 2018 (Exhibit B) and this will require a waiver of bid by the City Commission; and
WHEREAS, the compensation will continue to be on the fixed fee basis of $1,250.00 per
individual baseball team, not to exceed a total of $70,200.00 annually; and delegating to the City
Manager the authority to enter into amendments for additional City funding based on the future
growth of the program, in an amount not to exceed $25,000; and
WHEREAS, this initial total will fund up to 26 teams per season and in addition, the
Contractor shall be paid a Clinic Fee of $100.00 per baseball clinic conducted, at a maximum of
one (1) clinic per team during the term of the Agreement; and
WHEREAS, at the February 21, 2018 Neighborhood /Community Affairs Committee
( "NCAC ") meeting, the NCAC supported the Administration's recommendation to waive bids for
Danny Berry's Baseball Camp's Youth Baseball Program, and further, the NCAC directed the
Administration to engage Dover, Kohl and Partners to include a study analyzing the possibility of
including a Little League Baseball field on the West Lots; and
WHEREAS, at the February 23, 2018 Finance and Citywide Projects Committee
( "Finance Committee ") meeting, the Finance Committee supported the Administration's
recommendation to waive bids for Danny Berry's Baseball Camp's Youth Baseball Program;
and
WHEREAS, the City Manager recommends the waiver of bids for Danny Berry's
Baseball Camp's Youth Baseball Program as being in the City's best interests, due to the
success, popularity with the community and undeniable growth of the program; and
WHEREAS, based upon the foregoing and as permitted under Section 2- 367(e) of the
City Code, the City Manager recommends that the Mayor and City Commission waive, by a
5 /7ths vote, the formal competitive bidding requirement, and find that such waiver is in the best
interest of the City.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that Mayor and City Commission
hereby accept the recommendation of the Neighborhood /Community Affairs Committee at its
February 21, 2018 meeting and the Finance and Citywide Projects Committee at its February
23, 2018 meeting and waive, by 517th vote, the competitive bidding requirement, finding such
waiver to be in the best interest of the City, and approve and authorize the City Manager to
execute an agreement between the City and Danny Berry's Baseball Camp, Inc., for youth
baseball programming, for a period of three (3) years, with two (2) additional one -year renewal
options, in an amount not to exceed $70,200.00 annually, subject to final negotiation of the
agreement by the Administration, and legal review and form approval of the final negotiated
agreement by the City Attorney; delegate to the City Manager the authority to execute
amendments to the agreement for additional programming (based on future growth of the
program), with such amendments not -to- exceed a total of $25,000; and further, accept the
February 21, 2018 recommendation of the Neighborhood /Community Affairs Committee for the
Administration to engage Dover, Kohl and Partners to include a study analyzing the possible
inclusion of a Little League Baseball field on the West Lots.
PASSED AND ADOPTED this 7th day of March 018.
Dan Gelber, Mayor
ATTEST:
Rafael E. Granado,
I. INCCRP ORA•I LD � rr�1
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APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
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City Attorney n n P Date
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WJAM
BEACH
Resolutions - R7 E
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Jimmy L. Morales, City Manager
DATE: March 7, 2018
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE
NEIGHBORHOOD /COMMUNITY AFFAIRS COMMITTEE AT ITS FEBRUARY 21,
2018 MEETING AND THE FINANCE AND CITYWIDE PROJECTS COMMITTEE AT
ITS FEBRUARY 23, 2018 MEETING AND WAIVING, BY 5 /7TH VOTE, THE
COMPETITIVE BIDDING REQUIREMENT, FINDING SUCH WAIVER TO BE IN
THE BEST INTEREST OF THE CITY, AND APPROVING AND AUTHORIZING THE
CITY MANAGER TO EXECUTE AN AGREEMENT BETWEEN THE CITY AND
DANNY BERRY'S BASEBALL CAMP, INC., FOR YOUTH BASEBALL
PROGRAMMING, FOR A PERIOD OF THREE (3) YEARS, WITH TWO (2)
ADDITIONAL ONE -YEAR RENEWAL OPTIONS, IN AN AMOUNT NOT TO EXCEED
$70,200.00 ANNUALLY, SUBJECT TO FINAL NEGOTIATION OF THE AGREEMENT
BY THE ADMINISTRATION, AND LEGAL REVIEW AND FORM APPROVAL OF THE
FINAL NEGOTIATED AGREEMENT BY THE CITY ATTORNEY; DELEGATING TO
THE CITY MANAGER THE AUTHORITY TO EXECUTE AMENDMENTS TO THE
AGREEMENT FOR ADDITIONAL PROGRAMMING (BASED ON FUTURE
GROWTH OF THE PROGRAM), WITH SUCH AMENDMENTS NOT -TO- EXCEED
ATOTAL OF $25,000; AND FURTHER, ACCEPTING THE RECOMMENDATION OF
THE NEIGHBORHOOD /COMMUNITY AFFAIRS COMMITTEE AT ITS FEBRUARY
21, 2018 MEETING FOR THE ADMINISTRATION TO ENGAGE DOVER, KOHL
AND PARTNERS TO INCLUDE A STUDY ANALYZING THE POSSIBLE
INCLUSION OF A LITTLE LEAGUE BASEBALL FIELD ON THE WEST LOTS.
RECOMMENDATION
City Commission acceptance of the recommendation of the Neighborhood /Community Affairs
Committee at its February 21, 2018 meeting and the Finance and Citywide Projects Committee at its
February 23, 2018 meeting to waive, by 517th vote, the competitive bidding requirement, finding such
waiver to be in the best interest of the City, and approving and authorizing the City Manager to
execute, a three (3) year agreement, with two (2) additional one -year renewal options, between the
City and Danny Berry's Baseball Camp, Inc. for youth baseball programming, 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; in an amount not to exceed $70,200.00
annually; granting the City Manager the authority to approve a new annual total based on the future
growth of the program; and additionally acceptance of the recommendation of the
Neighborhood /Community Affairs Committee at its February 21, 2018 meeting for City Administration
to engage Dover, Kohl and Partners to include a study analyzing the possible inclusion of a Little
League Baseball field on the West Lots.
Page 1247 of 1522
ANALYSIS
Danny Berry has established and administered a Youth Baseball Program for Miami Beach residents and visitors
ages 3 -13 at North Shore Park since 2015. Mr. Berry has 31 years of experience coaching youth baseball and is well
respected within the South Florida baseball community. Danny Berry Baseball provides the ideal setting for a
youngster's initiation into the national pastime in a No Pressure" fun filled atmosphere.
The Danny Berry Baseball program has been one of the fastest growing programs offered through the Parks and
Recreation Department. During the 2015 winter inaugural season Danny Berry Baseball consisted of 145
participants, 14 teams and 42 volunteer coaches. Every season the number of teams, coaches and volunteer
participation has continued to grow. At the culmination of the fall 2017 baseball season the program has grown to 215
participants, 20 teams, and 70 volunteer coaches, with the winter 2018 season anticipating 23 teams.
With participants having access to baseball fields and batting cages, the growth of the program has established the
need for other practice and game locations outside of North Shore Park. During the fall 2017 season Fairway and
Normandy Isle Park hosted the program and potential games are set to occur at Flamingo and Polo Park during
winter 2018 to assist with the growing demand for field space. In the winter 2018 season growth is expected at the
11 -13 year old Major's Division with the hopes of building this Division and essentially creating a Middle School
League to be a feeder program for the Miami Beach Senior High Baseball Program.
Currently the Danny Berry Baseball Program and the City of Miami Beach have entered into a Professional Services
Agreement which began on January 1st 2018 and ends on May 31, 2018 (Exhibit A). In consideration for the services
provided, Danny Berry is compensated on a fixed fee basis, in a total amount not to exceed $35,100.00. The City
pays Danny Berry a management fee of $1,250.00 per individual baseball team, not to exceed 26 teams. In addition
to the Management fee, Danny Berry is paid a Clinic Fee of $100.00 per baseball clinic conducted, at a maximum of
one (1) clinic per team during the term of the Agreement. It is important to note that the Department has already paid
Danny Berry Baseball approximately $25,000.00 at the start of the current Fiscal Year for fall programming; which will
exceed the City Manager's $50,000 approval authority in a fiscal year for Professional Services Agreements.
The intent for the City of Miami Beach moving forward is to establish a three (3) year agreement, with two (2)
additional one -year renewal options, with the Danny Berry Baseball program beginning on August 1st 2018 (Exhibit
B). This will require a waiver of bid by the City Commission.
The compensation will continue to be on the fixed fee basis of $1,250.00 per individual baseball team, not to exceed
a total of $70,200.00 annually; however, granting the City Manager authority to approve a new annual total based on
the future growth of the program. This initial total will fund up to 26 teams per season and in addition, the Contractor
shall be paid a Clinic Fee of $100.00 per baseball clinic conducted, at a maximum of one (1) clinic per team during
the term of the Agreement.
At the February 21, 2018 Neighborhood /Community Affairs Committee meeting, the committee members supported
Administrations recommendation supporting the waiver of Bid for Danny Berry's Baseball Camp's Youth Baseball
Program and directed Administration to engage Dover, Kohl and Partners to include a study analyzing the possibility
of including a Little League Baseball field on the West Lots,
At the February 23, 2018 Finance and Citywide Projects Committee meeting, the committee members supported
Administrations recommendation supporting the waiver of Bid for Danny Berry's Baseball Camp's Youth Baseball
Program
Administration supports the waiver of bid for Danny Berry's Baseball Camp's Youth Baseball Program due to the
success, popularity with the community and undeniable growth. The Contractor is eager to continue servicing the
community and expanding the sport of baseball in the City.
Page 1248 of 1522
CITY MANAGER'S RECOMMENDATION
Based upon the foregoing and as permitted under Section 2-367(e) of the City Code, the City
Manager recommends that the Mayor and City Commission waive, by a 5Rths vote, the formal
competitive bidding requirement, and find that such waiver is in the best interest of the City.
Legislative Tracking
Parks and Recreation
ATTACHMENTS:
Description
CI Exhibit A — Danny Berry Baseball Camp, Inc. PSA (January 1, 2018 through May 31, 2018)
CI Resolution
Page 1249 of 1522
PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF MIAMI BEACH
AND
DANNY BERRY'S BASEBALL CAMP, INC.
TO AD INISTER A SPRING SEASON YOUTH BASEBALL PROGRAM FOR THE
CITY
This Professional Services Agreement ("Agreement") is entered into this 3 day of
V4P-4? , 20 11 , between the CITY OF MIAMI BEACH, FLORIDA, a
municipal corporation organized and existing under the laws of the State of Florida, having its
principal offices at 1700 Convention Center Drive, Miami Beach, Florida, 33139 ("City"), and
DANNY BERRY'S BASEBALL CAMP, INC., a Florida for profit corporation, whose address is
1225 NE 172 Street, North Miami Beach, FL 33162 ("Contractor"),
SECTION 1
DEFINITIONS
Agreement: This Agreement between the City and Contractor, including any exhibits
and amendments thereto.
City Manager: The chief administrative officer of the City.
City Manager's
Designee; The City staff member who is designated by the City Manager to
administer this Agreement on behalf of the City. The City Manager's
designee shall be the Parks and Recreation Department Director.
Contractor:
Services:
Fee:
Risk Manager:
For the purposes of this Agreement, Contractor shall be deemed to be an
independent contractor, and not an agent or employee of the City.
All services, work and actions by the Contractor performed or undertaken
pursuant to the Agreement.
Amount paid to the Contractor as compensation for Services,
The Risk Manager of the City, with offices at 1700 Convention Center
Drive, Third Floor, Miami Beach, Florida 33139; telephone number (305)
673-7000, Ext. 6435; and fax number (305) 673-7023.
SECTION 2
SCOPE OF SERVICES
2.1 In consideration of the Fee to be paid to Contractor by the City, Contractor shall provide
the work and services described in Exhibit "A" hereto (the "Services").
Although Contractor may be provided with a schedule of the available hours to provide its
Services, the City shall not control nor have the right to control the hours of the Services
performed by the Contractor; where the Services are performed (although the City will provide
Page 1150 of 1522
Contractor with the appropriate location to perform the Services); when the Services are
performed, including how many days a week the Services are performed; how the Services are
performed, or any other aspect of the actual manner and means of accomplishing the Services
provided. Notwithstanding the foregoing, all Services provided by the Contractor shall be to the
reasonable satisfaction of the City Manager. If there are any questions regarding the Services
to be performed, Contractor should contact the following person:
Paul Di Muont
Athletic Manager
1701 Meridian Avenue, Suite 401
Miami Beach, FL, 33139
pauldimuont @miamibeachfl.gov
2.2 Contractor's Services, and any deliverables incident thereto, shall be completed in
accordance with the timeline and /or schedule in Exhibit "A" hereto.
SECTION 3
TERM
The term of this Agreement ( "Term ") shall commence on January 1, 2018 and end on May 31,
2018.
Notwithstanding the Term provided herein, Contractor shall adhere to any specific timelines,
schedules, dates, and /or performance milestones for completion and delivery of the Services,
as same is /are set forth in the timeline and /or schedule referenced in Exhibit "A" hereto.
SECTION 4
FEE
4.1 In consideration of the Services to be provided, Contractor shall be compensated on a
fixed fee basis, in a total amount not to exceed $35,100.00.
The City shall pay the Contractor a Management Fee of $1,250.00 per individual baseball team
(as defined in Exhibit "A" hereto). Contractor's Spring season baseball program (the "Program ")
shall consist of no more than 26 teams, Contractor shall submit a complete player roster of its
registered players ( "Roster") to the City no later than one (1) week following the start of the
season. Contractor shall submit proof of team and /or individual payments, along with any
amendments to the corresponding Roster, to the City no later than three (3) weeks following the
start of the season. Upon receipt of the certified Roster, the City shall make payments to the
Contractor based upon the following payment schedule:
• Fifty percent (50 %) of the total Management Fee shall be due to the Contractor no later
than two (2) weeks following the City's receipt and acceptance of the certified Rosters
for the season.
• Twenty percent (20 %) of the total Management Fee shall be due to the Contractor no
later than six (6) weeks following the City's receipt and acceptance of the certified
Rosters for the season.
Page 1 351 of 1522
• Twenty percent (20 %) of the total Management Fee for the season shall be due to the
Contractor no later than ten (10) weeks following the City's receipt and acceptance of
the certified Rosters for the season.
• The remaining ten percent (10 %) of the total Management Fee for the season shall be
due to the Contractor no later than two (2) weeks following the conclusion the season.
In addition to the Contractor's Management Fee, Contractor shall be paid a Clinic Fee of
$100.00 per baseball clinic conducted, at a maximum of one (1) clinic per team, during the Term
of this Agreement.
SECTION 5
TERMINATION
5.1 TERMINATION FOR CAUSE
If the Contractor shall fail to fulfill in a timely manner, or otherwise violates, any of the
covenants, agreements, or stipulations material to this Agreement, the City, through its City
Manager, shall thereupon have the right to terminate this Agreement for cause. Prior to
exercising its option to terminate for cause, the City shall notify the Contractor of its violation of
the particular term(s) of this Agreement, and shall grant Contractor ten (10) days to cure such
default. If such default remains uncured after ten (10) days, the City may terminate this
Agreement without further notice to Contractor. Upon termination, the City shall be fully
discharged from any and all liabilities, duties, and terms arising out of, or by virtue of, this
Ag reement.
Notwithstanding the above, the Contractor shall not be relieved of liability to the City for
damages sustained by the City by any breach of the Agreement by the Contractor. The City, at
its sole option and discretion, shall be entitled to bring any and all legal /equitable actions that it
deems to be in its best interest in order to enforce the City's right and remedies against
Contractor. The City shall be entitled to recover all costs of such actions, including reasonable
attorneys' fees.
5.2 TERMINATION FOR CONVENIENCE OF THE CITY
THE CITY MAY ALSO, THROUGH ITS CITY MANAGER, AND FOR ITS CONVENIENCE
AND WITHOUT CAUSE, TERMINATE THE AGREEMENT AT ANY TIME DURING THE TERM
BY GIVING WRITTEN NOTICE TO CONTRACTOR OF SUCH TERMINATION; WHICH
SHALL BECOME EFFECTIVE WITHIN THIRTY (30) DAYS FOLLOWING RECEIPT BY THE
CONTRACTOR OF SUCH NOTICE. NOTWITHSTANDING THE FOREGOING, IF THE
PERFORMANCE BY CONTRACTOR OF THE SERVICES UNDER THIS AGREEMENT IS
CREATING A PUBLIC HEALTH, WELFARE OR SAFETY CONCERN, AS DETERMINED BY
THE CITY MANAGER, IN THE CITY MANAGER'S SOLE DISCRETION, THE CITY
MANAGER MAY IMMEDIATELY SUSPEND THE SERVICES UNDER THIS AGREEMENT
FOR A TIME CERTAIN, OR, IN THE ALTERNATIVE, TERMINATE THIS AGREEMENT ON A
GIVEN DATE, WITHOUT PROVIDING CONTRACTOR AN OPPORTUNITY TO CURE. IF THE
AGREEMENT IS TERMINATED BY THE CITY PURSUANT TO THIS PARAGRAPH,
CONTRACTOR SHALL BE PAID FOR ANY SERVICES SATISFACTORILY PERFORMED UP
TO THE DATE OF TERMINATION; FOLLOWING WHICH THE CITY SHALL BE
DISCHARGED FROM ANY AND ALL LIABILITIES, DUTIES, AND TERMS ARISING OUT OF,
OR BY VIRTUE OF, THIS AGREEMENT.
5.3 TERMINATION FOR INSOLVENCY
Page 152 of 1522
The City also reserves the right to terminate the Agreement in the event the Contractor is
placed either in voluntary or involuntary bankruptcy or makes an assignment for the benefit of
creditors. In such event, the right and obligations for the parties shall be the same as provided
for in Section 5.2.
SECTION 6
INDEMNIFICATION AND INSURANCE REQUIREMENTS
6.1 INDEMNIFICATION
Contractor agrees to indemnify and hold harmless the City of Miami Beach and its officers,
employees, agents, and contractors, from and against any and all actions (whether at law or in
equity), claims, liabilities, losses, and expenses, including, but not limited to, attorneys' fees and
costs, for personal, economic or bodily injury, wrongful death, Toss of or damage to property,
which may arise or be alleged to have arisen from the negligent acts, errors, omissions or other
wrongful conduct of the Contractor, its officers, employees, agents, contractors, or any other
person or entity acting under Contractor's control or supervision, in connection with, related to,
or as a result of the Contractor's performance of the Services pursuant to this Agreement. To
that extent, the Contractor shall pay all such claims and losses and shall pay all such costs and
judgments which may issue from any lawsuit arising from such claims and losses, and shall pay
all costs and attorneys' fees expended by the City in the defense of such claims and losses,
including appeals. The Contractor expressly understands and agrees that any insurance
protection required by this Agreement or otherwise provided by the Contractor shall in no way
limit the Contractor's responsibility to indemnify, keep and save harmless and defend the City or
its officers, employees, agents and instrumentalities as herein provided.
The parties agree that one percent (1%) of the total compensation to Contractor for
performance of the Services under this Agreement is the specific consideration from the City to
the Contractor for the Contractor's indemnity agreement. The provisions of this Section 6.1 and
of this indemnification shall survive termination or expiration of this Agreement.
6.2 INSURANCE REQUIREMENTS
The Contractor shall maintain and carry in full force during the Term, the following insurance:
1. Contractor General Liability, in the amount of $1,000,000; and
2. Workers Compensation & Employers Liability, as required pursuant to Florida Statutes.
The insurance must be furnished by insurance companies authorized to do business in the
State of Florida. All insurance policies must be issued by companies rated no less than `B +" as
to management and not less than "Class VI" as to strength by the latest edition of Best's
Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent,
All of Contractor's certificates shall contain endorsements providing that written notice shall be
given to the City at least thirty (30) days prior to termination, cancellation or reduction in
coverage in the policy. The insurance certificates for General Liability shall include the City as
an additional insured and shall contain a waiver of subrogation endorsement.
Original certificates of insurance must be submitted to the City's Risk Manager for approval
(prior to any work and /or services commencing) and will be kept on file in the Office of the Risk
Manager. The City shall have the right to obtain from the Contractor specimen copies of the
Page 1/53 of 1522
insurance policies in the event that submitted certificates of insurance are inadequate to
ascertain compliance with required coverage.
The Contractor is also solely responsible for obtaining and submitting all insurance certificates
for any sub - contractors.
Compliance with the foregoing requirements shall not relieve the Contractor of the liabilities and
obligations under this Section or under any other portion of this Agreement.
The Contractor shall not commence any work and or services pursuant to this Agreement until
all insurance required under this Section has been obtained and such insurance has been
approved by the City's Risk Manager.
SECTION 7
LITIGATION JURISDICTIONNENUE/JURY TRIAL WAIVER
This Agreement shall be construed in accordance with the laws of the State of Florida. This
Agreement shall be enforceable in Miami -Dade County, Florida, and if legal action is necessary
by either party with respect to the enforcement of any or all of the terms or conditions herein,
exclusive venue for the enforcement of same shall lie in Miami -Dade County, Florida. By
entering into this Agreement, Contractor and the City expressly waive any rights either party
may have to a trial by jury of any civil litigation related to or arising out of this Agreement.
SECTION 8
LIMITATION OF CITY'S LIABILITY
The City desires to enter into this Agreement only if in so doing the City can place a limit on the
City's liability for any cause of action, for money damages due to an alleged breach by the City
of this Agreement, so that its liability for any such breach never exceeds the sum of the
compensation /fee to be paid to the Contractor pursuant to this Agreement, less any amounts
actually paid by the City as of the date of the alleged breach. Contractor hereby expresses its
willingness to enter into this Agreement with Contractor's recovery from the City for any
damages from any action for breach of contract to be limited to a maximum amount of the
compensation /fee to be paid to the Contractor pursuant to this Agreement, less any amounts
actually paid by the City as of the date of the alleged breach.
Accordingly, and notwithstanding any other term or condition of this Agreement, Contractor
hereby agrees that the City shall not be liable to the Contractor for damages in an amount in
excess of the compensation /fee to be paid to the Contractor pursuant to this Agreement, less
any amounts actually paid by the City as of the date of the alleged breach, for any action or
claim 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 section or elsewhere in this Agreement is in any way intended to be a
waiver of the limitation placed upon the City's liability, as set forth in Section 768.28, Florida
Statutes.
Page 1254 of 1522
SECTION 9
DUTY OF CARE /COMPLIANCE WITH APPLICABLE LAWS /PATENT RIGHTS; COPYRIGHT;
AND CONFIDENTIAL FINDINGS
9.1 DUTY OF CARE
With respect to the performance of the Services contemplated herein, Contractor shall exercise
that degree of skill, care, efficiency and diligence normally exercised by reasonable persons
and /or recognized professionals with respect to the performance of comparable Services.
9.2 COMPLIANCE WITH APPLICABLE LAWS
In its performance of the Services, Contractor shall comply with all applicable laws, ordinances,
and regulations of the City, Miami -Dade County, the State of Florida, and the federal
government, as applicable.
9.3 PATENT RIGHTS; COPYRIGHT; CONFIDENTIAL FINDINGS
Any work product arising out of this Agreement, as well as all information specifications,
processes, data and findings, are intended to be the property of the City and shall not otherwise
be made public and /or disseminated by Contractor, without the prior written consent of the City
Manager, excepting any information, records etc. which are required to be disclosed pursuant to
Court Order and /or Florida Public Records Law.
All reports, documents, articles, devices, and /or work produced in whole or in part under this
Agreement are intended to be the sole and exclusive property of the City, and shall not be
subject to any application for copyright or patent by or on behalf . of the Contractor or its
employees or sub- contractors, without the prior written consent of the City Manager.
SECTION 10
GENERAL PROVISIONS
10.1 AUDIT AND INSPECTIONS
Upon reasonable verbal or written notice to Contractor, and at any time during normal
business hours (i.e. 9AM — 5PM, Monday through Fridays, excluding nationally recognized
holidays), and as often as the City Manager may, in his /her reasonable discretion and
judgment, deem necessary, there shall be made 'available to the City Manager, and /or such
representatives as the City Manager may deem to act on the City's behalf, to audit, examine,
and/ or inspect, any and all other documents and /or records relating to all matters covered by
this Agreement. Contractor shall maintain any and all such records at its place of business at
the address set forth in the "Notices" section of this Agreement.
10.2 [INTENTIONALLY DELETETD]
10.3 ASSIGNMENT, TRANSFER OR SUBCONSULTING
Page 1255 of 1522
Contractor shall not subcontract, assign, or transfer all or any portion of any work and /or
service under this Agreement without the prior written consent of the City Manager, which
consent, if given at all, shall be in the Manager's sole judgment and discretion. Neither this
Agreement, nor any term or provision hereof, or right hereunder, shall be assignable unless as
approved pursuant to this Section, and any attempt to make such assignment (unless
approved) shall be void.
10.4 PUBLIC ENTITY CRIMES
Prior to commencement of the Services, the Contractor shall file a State of Florida Form PUR
7068, Sworn Statement under Section 287.133(3)(a) Florida Statute on Public Entity Crimes
with the City's Procurement Division.
10.5 NON - DISCRIMINATION
In connection with the performance of the Services, the Contractor shall not exclude from
participation in, deny the benefits of, or subject to discrimination anyone on the grounds of
race, color, national origin, sex, age, disability, religion, income or family status.
Additionally, Contractor shall comply fully with the City of Miami Beach Human Rights
Ordinance, codified in Chapter 62 of the City Code, as may be amended from time to time,
prohibiting discrimination in employment, housing, public accommodations, and public
services on account of actual or perceived race, color, national origin, religion, sex,
intersexuality, gender identity, sexual orientation, marital and familial status, age, disability,
ancestry, height, weight, domestic partner status, labor organization membership, familial
situation, or political affiliation.
10.6 CONFLICT OF INTEREST
Contractor herein agrees to adhere to and be governed by all applicable Miami -Dade County
Conflict of Interest Ordinances and Ethics provisions, as set forth in the Miami -Dade County
Code, as may be amended from time to time; and by the City of Miami Beach Charter and
Code, as may be amended from time to time; both of which are incorporated by reference as if
fully set forth herein.
Contractor covenants that it presently has no interest and shall not acquire any interest,
directly or indirectly, which could conflict in any manner or degree with the performance of the
Services. Contractor further covenants that in the performance of this Agreement, Contractor
shall not employ any person having any such interest. No member of or delegate to the
Congress of the United States shall be admitted to any share or part of this Agreement or to
any benefits arising therefrom.
10.7 CONTRACTOR'S COMPLIANCE WITH FLORIDA PUBLIC RECORDS LAW
1. Contractor shall comply with Florida Public Records law under Chapter 119, Florida
Statutes, as may be amended from time to time.
2. The term "public records" shall have the meaning set forth in Section 119.011(12), which
means all documents, papers, letters, maps, books, tapes, photographs, films, sound
recordings, data processing software, or other material, regardless of the physical form,
Page 1256 of 1522
characteristics, or means of transmission, made or received pursuant to law or
ordinance or in connection with the transaction of official business of the City.
3. Pursuant to Section 119.0701 of the Florida Statutes, if the Contractor meets the
definition of "Contractor" as defined in Section 119.0701(1)(a), the Contractor shall:
(1) Keep and maintain public records required by the City to perform the service;
(2) Upon request from the City's custodian of public records, provide the City with a
copy of the requested records or allow the records to be inspected or copied
within a reasonable time at a cost that does not exceed the cost provided in
Chapter 119, Florida Statutes or as otherwise provided by law;
(3) Ensure that public records that are exempt or confidential and exempt from
public records disclosure requirements are not disclosed, except as authorized
by law, for the duration of the contract term and following completion of the
Agreement if the Contractor does not transfer the records to the City;
(4) Upon completion of the Agreement, transfer, at no cost to the City, all public
records in possession of the Contractor or keep and maintain public records
required by the City to perform the service. If the Contractor transfers all public
records to the City upon completion of the Agreement, the Contractor shall
destroy any duplicate public records that are exempt or confidential and exempt
from public records disclosure requirements. If the Contractor keeps and
maintains public records upon completion of the Agreement, the Contractor shall
meet all applicable requirements for retaining public records. All records stored
electronically must be provided to the City, upon request from the City's
custodian of public records, in a format that is compatible with the information
technology systems of the City.
(D) REQUEST FOR RECORDS; NONCOMPLIANCE
(1) A request to inspect or copy public records relating to the City's contract for
services must be made directly to the City, If the City does not possess the
requested records, the City shall immediately notify the Contractor of the request,
and the Contractor must provide the records to the City or allow the records to be
inspected or copied within a reasonable time
(2) Contractor's failure to comply with the City's request for records shall constitute a
breach of this Agreement, and the City, at its sole discretion, may (1) unilaterally
terminate the Agreement; (2) avail itself of the remedies set forth under the
Agreement; and/or (3) avail itself of any available remedies at law or in equity.
(3) A Contractor who fails to provide the public records to the City within a
reasonable time may be subject to penalties under s. 119,10,
(E) CIVIL ACTION.
(1) If a civil action is filed against a Contractor to compel production of public records
relating to the City's contract for services, the court shall assess and award
against the Contractor the reasonable costs of enforcement, including
reasonable attorney fees, if;
a. The court determines that the Contractor unlawfully refused to comply with
the public records request within a reasonable time; and
b. At least 8 business days before filing the action, the plaintiff provided written
notice of the public records request, including a statement that the
Contractor has not complied with the request, to the City and to the
Contractor.
(2) A notice complies with subparagraph (1)(b) if it is sent to the City's custodian of
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(3)
public records and to the Contractor at the Contractor's address listed on its
contract with the City or to the Contractor's registered agent. Such notices must
be sent by common carrier delivery service or by registered, Global Express
Guaranteed, or certified mail, with postage or shipping paid by the sender and
with evidence of delivery, which may be in an electronic format.
A Contractor who complies with a public records request within 8 business days
after the notice is sent is not liable for the reasonable costs of enforcement.
(F) IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN
OF PUBLIC RECORDS AT:
CITY OF MIAMI BEACH
ATTENTION: RAFAEL E. GRANADO, CITY CLERK
1700 CONVENTION CENTER DRIVE
MIAMI BEACH, FLORIDA 33139
RAFAELGRANADO • MIAM BEACHFLGOV
PHONE: 305-673.7411
SECTION 11
NOTICES
All notices and communications in writing required or permitted hereunder, shall be delivered
personally to the representatives of the Contractor and the City listed below or may be mailed
by U.S, Certified Mail, return receipt requested, postage prepaid, or by a nationally recognized
overnight delivery service.
Until changed by notice, in writing, all such notices and communications shall be addressed as
follows:
TO CONTRACTOR: DANNY BERRY'S BASEBALL CAMP, INC.
1225 NE 172 STREET
NORTH MIAMI BEACH, FL, 33162
ATTN: DANNY BERRY, PRESIDENT
TO CITY:
CITY OF MIAMI BEACH
PARKS AND RECREATION DEPARTMENT
1701 MERIDIAN AVENUE, SUITE 401
MIAMI BEACH, FL 33139
ATTN: JOHN REBAR, DIRECTOR
Notice may also be provided to any other address designated by the party to receive notice if such
alternate address Is provided via U.S. certified mail, return receipt requested, hand delivered, or by
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overnight delivery. In the event an alternate notice address is properly provided, notice shall be
sent to such alternate address in addition to any other address which notice would otherwise be
sent, unless other delivery instruction as specifically provided for by the party entitled to notice.
Notice shall be deemed given on the date of an acknowledged receipt, or, in all other cases, on the
date of receipt or refusal.
SECTION 12
MISCELLANEOUS PROVISIONS
12.1 CHANGES AND ADDITIONS
This Agreement cannot be modified or amended without the express written consent of the
parties. No modification, amendment, or alteration of the terms or conditions contained herein
shall be effective unless contained in a written document executed with the same formality and
of equal dignity herewith.
12.2 SEVERABILITY
If any term or provision of this Agreement is held invalid or unenforceable, the remainder of this
Agreement shall not be affected and every other term and provision of this Agreement shall be
valid and be enforced to the fullest extent permitted by law.
12.3 ENTIRETY OF AGREEMENT
The City and Contractor agree that this is the entire Agreement between the parties. This
Agreement supersedes all prior negotiations, correspondence, conversations, agreements or
understandings applicable to the matters contained herein, and there are no commitments,
agreements or understandings concerning the subject matter of this Agreement that are not
contained in this document. Title and paragraph headings are for convenient reference and are
not intended to confer any rights or obligations upon the parties to this Agreement.
12.4 BACKGROUND SCREENING
In accordance with Sections 435.04 and 1012.465, Florida Statutes, employees, volunteers,
contractors, and subcontracted personnel who work in direct contact with children or who come
into direct contact with children must satisfactorily complete a Level 2 background screening
investigation with the City of Miami Beach Human Resources Department, prior to commencing
work pursuant to this Agreement.
[REMAINDER OF THIS PAGE LEFT INTENTIONALLY BLANK]
Page 1!29 of 1522
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
by their appropriate officials, as of the date first entered above.
FOR CITY:
ATTEST:
By
Date:
Raf el E. r n do
City Clerk
FOR CONTRACTOR:
)17:,,,Weiia
Print Name/Title
Date 9/3/47
CITY OF MIAMI BEACH, FLORIDA
By:
Ji my L./Morales
pity Manager
DANNY BERRY'S BASEBALL CAMP,
INC.
By:
x.e...4,61,44460.4
Danny Berr
President
APPROVED AS TO
FORM & LANGUAGE
R E CUTION
Page 40 of 1522
vv't*1/11
lyAttorney Date
EXHIBIT "A"
DESCRIPTION OF SERVICES
The Contractor shall establish and administer a Spring season youth baseball program for
Miami Beach residents and visitors between the ages of three (3) through fourteen (14) (the
"Program ") at the following locations:
1.) North Shore Park Youth Center (501 72nd Street, Miami Beach, FL 33141)
2.) Normandy Isle Park (7030 Trouville Esplanade, Miami Beach, FL 33141)
3.) Fairway Park (200 Fairway Dr, Miami Beach, FL 33141)
4.) Polo Park (4301 N Michigan Avenue, Miami Beach, FL 33140)
5.) Flamingo Park (1200 Meridian Avenue, Miami Beach, FL 33139)
Contractor's Services are described in greater detail below:
1. General Terms
• Contractor shall be responsible for the management of Contractor's Program, including
registration of participants; establishing and designating teams; scheduling of practices
and games; providing umpire services and coaching; conducting clinics; coordination of
all umpires, coaches and volunteers; procuring and issuing uniforms and equipment; and
any other duties required to successfully operate the Program.
• Contractor shall be responsible for having a league representative present at all games
and practices.
• Consistent with Section 12.4 of this Agreement, Contractor's umpires, coaches,
volunteers, and any other subcontractors or individuals performing work under this
Agreement shall not participate in Contractor's Program or perform any work under this
Agreement until Contractor submits written documentation to the City's Parks and
Recreation Department Director or his /her designee (the "Director") evidencing that such
individuals have passed a background screening investigation that is satisfactory to City.
Contractor's umpires, coaches, and volunteers will be required to wear a City- issued
Identification card while performing or participating in Contractor's Program activities.
• Contractor and /or Contractor's league representative shall ensure that Program
participants are wearing proper identification while participating in Contractor's program.
• Contractor shall be responsible for procuring all uniforms and equipment for Contractor's
Program.
• Contractor shall maintain any and all equipment in good working order.
2. Program Schedule
• Contractor shall be responsible for scheduling games and practices ( "Activities ") at times
and locations that are pre - approved in writing by the Director.
• Contractor shall submit a written proposed schedule ( "Schedule ") of the times and dates
of all Activities to the Director at least (2) weeks prior to the beginning of the season
during the Term of this Agreement. The final Schedule shall be subject to the Director's
prior written approval.
• Any proposed Schedule changes shall first be submitted in writing to the Director and,
following the Director's approval, such changes shall be communicated to Program
participants by the Contractor at least two (2) days before a scheduled game or practice;
provided further that shorter notice may be given if circumstances outside the control of
the parties do not permit the provision of at least two (2) days' notice.
Page 111 of 1522
• Contractor shall hold the City harmless in the event of any facility or field closures due to
inclement weather and /or any other conditions that would render a facility unusable for
Contractor's Program. Contractor agrees to adhere to the City's directives pertaining to
field closures.
• Contractor shall cease all operation and use of the Designated Premises (as defined
below) no later than one (1) week after the end date of the season, unless prior
arrangements have been made with the Director and evidenced in writing.
• Contractor's Program Activities shall be conducted at times and locations as determined
by the Director.
• Season start and end dates may be amended at any time by the City, or as approved in
writing by the City and Contractor.
• Contractor's spring season shall begin and end as follows:
Season
Begins
Ends.„
Spring
January
May
3. Fees and Scholarships
• The fees to participate in Contractor's Program ( "Participant Fees ") are as follows:
o Miami Beach Residents: $125.00 per season
o Non- Residents: $250.00 per season
o Contractor shall offer discounted Participant Fees to Miami Beach residents. At
least 75% of participants in Contractor's program shall be Miami Beach
residents. The City shall coordinate and /or provide facility access as necessary.
Any change to the approved fees shall require prior written approval of the City
Manager.
• Any change to the Participant Fees must be pre- approved in writing by the Director.
• Participant Fees shall be consistent with comparable South Florida cities offering the
same or similar baseball program.
• Contractor shall be responsible for the collection of all Participant Fees. All Participant
Fees collected by the Contractor shall be utilized to fund the operations of the Program.
The total Participant Fees collected by Contractor shall not exceed the amount required
to cover Contractor's direct Program operating costs. Contractor's Participant Fees shall
not be used to cover Contractor's administrative costs.
• Contractor shall offer a 50% reduced registration rate ( "Scholarships ") for children where
it can be demonstrated with supporting documentation that there is a financial need. In
order to qualify for a Scholarship, the child participant must reside within the city limits of
the City of Miami Beach. Supporting documentation shall include proof of one (1) of the
following and shall be submitted to the Contractor at the time of registration in order to
be considered:
o Medicaid or Food Stamps Qualification;
o Supplemental Security Income (SSI) ' or Social Security Disability Insurance
(SSDI) Recipient;
o Unemployment Recipient;
o Section 8 Housing Choice or Housing Assistance Voucher Recipient.
• Contractor shall submit all Scholarship applications, along with supporting
documentation, to the Director for review and approval prior to the beginning of each
season.
• Contractor shall maintain a current list of all participants who have been approved for a
Scholarship by the City. The list shall indicate the participant's name, team, applicable
Page 1262 of 1522
season, and approved reduced rate (i.e. 50 %). This list shall be mailed electronically to
the Director as an Excel document no later than one week following the start of the
season.
4. Marketing
• Contractor shall consult and collaborate with the Director in order to establish a
marketing program aimed at promoting the Program.
• All marketing materials and methods shall be pre- approved by the Director prior to being
utilized.
• Contractor shall provide the Director with electronic copies of any and all marketing
materials utilized to promote the Program. All electronic files shall be provided in a
format that is compatible with the City's software program(s).
• Contractor authorizes the City to utilize any and all Program - related marketing materials
as the City deems appropriate for the purpose of promoting the Program.
5. Sponsorships
• Contractor shall use its best efforts to solicit and obtain sponsorships on behalf of the
City for the sole purposes of raising funds to cover management costs or additional
necessary/approved operational costs of the Program.
• All funds raised from sponsorships shall be made payable directly to the City of Miami
Beach.
• All proceeds received from sponsorship fundraising shall be documented via a written
report and maintained by the City.
• Contractor understands and agrees that permanent advertising from any Program
Sponsor shall not be permitted on any City of Miami Beach properly.
6. City's Responsibilities
• The Director shall identify and determine the number of fields and field locations (the
"Designated Premises ") available to the Contractor to utilize for Contractor's program.
• Once the City has identified the Designated Premises, the City shall be responsible for
providing general field maintenance, facility access, lighting, and field marking /lining
prior to the first game.
• The City will, to the extent the applicable budget allows, provide the following: home
plates, pitching rubbers, base anchors, and dragging and marking of baseball lining of
diamonds and outfield foul lines.
• The City agrees to utilize all applicable City methods to promote a marketing program for
Contractor's Program.
• The use of the Designated Premises by Contractor for the Services will be limited to
such times designated by the City and shall not conflict with use by City.
• It is expressly understood by Contractor that from time to time, due to the necessity of
the use of the Designated Premises, as determined by the Director, for the benefit of the
citizens of City, the Designated Premises may not be available for use by Contractor.
However, in such event, the Director will make a reasonable effort to provide Contractor
with advance written notice of such need for the use of the Designated Premises.
• The City shall cover the cost of any background checks for umpires, coaches and
volunteers when the City requirements exceed those of the National League standards.
Page 1263 of 1522