Resolution 2018-30435RESOLUTION NO.
2018 -30435
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, ACCEPTING THE CITY MANAGER'S
RECOMMENDATION (AS SET FORTH IN THE CITY COMMISSION
MEMORANDUM ACCOMPANYING THIS RESOLUTION), AND WAIVING, BY
517TH VOTE, THE FORMAL COMPETITIVE BIDDING REQUIREMENT, FINDING
SUCH WAIVER TO BE IN THE BEST INTEREST OF THE CITY, AND
APPROVING, IN SUBSTANTIAL FORM, AMENDMENT NO. 1 TO THE
AGREEMENT BETWEEN THE CITY AND DANNY BERRY'S BASEBALL
CAMP, INC. FOR YOUTH BASEBALL PROGRAMMING; SAID AMENDMENT
INCREASING THE SCOPE OF THE AGREEMENT TO INCLUDE THE
FOLLOWING ADDITIONAL SERVICES AT THE NORTH SHORE PARK: (I)
THE MANAGEMENT, OPERATION AND MAINTENANCE OF THE COIN -
OPERATED AUTOMATED BATTING CAGES, ONCE CONSTRUCTED, AND (II)
THE MANAGEMENT AND OPERATION OF THE CITY'S CONCESSION
TRAILER CURRENTLY OPERATED BY THE CITY FOR THE CITY'S
BASEBALL PROGRAM; AND FURTHER AUTHORIZING THE MAYOR AND
CITY CLERK TO EXECUTE THE FINAL AMENDMENT.
WHEREAS, at the January 19, 2018 Finance and Citywide Projects Committee
( "FCWPC ") meeting, the Administration presented an item for discussion related to the
installation of coin- operated automated batting cages at the North Shore Park and the creation
of a solicitation for the operation and management of the batting cages, once constructed, and
the FCWPC recommendation that the Administration move forward with the item, for approval
before the full City Commission; and
WHEREAS, on February 14, 2018, the City Commission adopted Resolution 2018-
30187, accepting the recommendation of the FCWPC, in part, providing for the funding of the
coin - operated automated batting cages at North Shore Park; and
WHEREAS, on March 26, 2018, as approved pursuant to Resolution No. 2018 - 30240,
the City and Danny Berry's Baseball Camp, Inc. ( "Danny Berry ") entered into an agreement (the
"Agreement "), for an initial term of three (3) years, with two (2) one -year renewal terms, whereby
Danny Berry agreed to administer a youth baseball program for the City, for an amount not to
exceed $70,200 annually; and
WHEREAS, on April 13, 2018, the City's Procurement Department issued a Request for
Letters of Interest (RFLI) for the operation and maintenance of automated, coin- operated batting
cages at North Shore Park; however, no responses were received by the closing date; and
WHEREAS, after the closing of the RFLI, Danny Berry reached out to the Procurement
Department expressing an interest in operating and maintaining the coin - operated automated
batting cages at North Shore Park, and since the period for submittal of the RFLI had closed,
the Procurement Department did not accept the letter of interest; and
WHEREAS, thereafter, the Parks and Recreation Department then received a proposal
from Danny Berry to operate and maintain the coin - operated automated batting cages; and
WHEREAS, the proposal received from Danny Berry incorporates providing players with
batting practice through the use of tokens, hourly cage rentals and private lessons, and included
the following essential terms:
Hours of Operation
Monday through Friday
Saturday and Sunday
Pricing
Cage Rental
Tokens
Private Lessons
Group Lessons
4:00 p.m. — 9:00 p.m.
10:00 a.m. — 8:00 p.m.
$25.00 / half-hour
$2.00 / 18 pitches
$25.00 / half -hour, one -on -one
$35.00 / hour
Staffing
Staffing will be provided and paid for by Danny Berry Baseball Camp, Inc.
Consideration
As consideration for the operation, management and maintenance of the coin -
operated automated batting cages, Danny Berry would receive 85% of the total
revenue collected and the City would receive the remaining 15 %.
There would be no operating or staffing costs attributed to the City. Danny Berry
would be responsible for the purchase of bats, helmets and balls needed for the
batting cage, the overall maintenance of the batting cage including fixtures and
machinery, and ensuring that all of the City's insurance requirements are met.
It is estimated that based on usage averaging between 20% to 60% of the hours of
operation, the City would collect between $11,520 (low range 20%) and up to $34,560
(high range 60 %) annually; and
WHEREAS, upon further review of the proposal from Danny Berry and considering the
current agreement already in place for youth baseball programming, the Administration also
recommends transferring the current concession operations over to Danny Berry, which is
currently staffed and funded by the Parks and Recreation Department as it is a cost efficient
solution for the City; and
WHEREAS, at July 11, 2018 Parks and Recreational Facilities Advisory Board meeting,
the board discussed the proposed amendment to the Agreement between the City and Danny
Berry for the management, operation and maintenance of the coin- operated automated batting
cages, once constructed, as well as the management and operation of the City's concession
trailer, both at North Shore Park, and unanimously passed the following motion: The Parks and
Recreational Facilities Advisory Board motions to favorably recommend Amendment #1 to the
Danny Berry Baseball Agreement as discussed at our Board meeting; and
WHEREAS, the Administration recommends waiving, by 5 /7th vote, the formal
competitive bidding requirement, as being in the best interest of the City, and approving, in
substantial form, Amendment No. 1 to the Agreement, a copy of which is attached to the City
Commission Memorandum accompanying this Resolution; said amendment increasing the
scope of the Agreement to include the following services at North Shore Park: (i) the
management, operation and maintenance of the coin- operated automated batting cages, once
constructed, and (ii) the current concession operations.
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 City Manager's recommendation (as set forth in the City
Commission Memorandum accompanying this Resolution), and waive, by 517th vote, the formal
competitive bidding requirement, finding such waiver to be in the best interest of the City, and
approve, in substantial form, Amendment No. 1 to the Agreement between the City and Danny
Berry's Baseball Camp, Inc. for youth baseball programming; said amendment, increasing the
scope of the agreement to include the following additional services at the North Shore Park: (i)
the management, operation and maintenance of the coin - operated automated batting cages,
once constructed, and (ii) the management and operation of the city's concession trailer
currently operated by the City for the City's baseball program; and further authorize the Mayor
and City Clerk to execute the final amendment.
PASSED and ADOPTED this 25th day of July, 2018.
ATTEST:
Rafael . Granado, City Clerk
an Gelber, Mayor
APPROVED AS TO
FORM & LANG = GE
FOR EXE •N
r,/ ;i 4/2, 8.
Vii' Date
rney
WAM
BEACH
Resolutions - R7 P
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Jimmy L. Morales, City Manager
DATE: July 25, 2018
SUBJECT A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, TO APPROVE, IN SUBSTANTIAL FORM, AMENDMENT
NO. 1 TO THE AGREEMENT BETWEEN THE CITY AND DANNY BERRY'S
BASEBALL CAMP, INC. FOR YOUTH BASEBALL PROGRAMMING; SAID
AMENDMENT INCREASING THE SCOPE OF THE AGREEMENT TO INCLUDE
THE OPERATION, MANAGEMENT AND MAINTENANCE OF THE COIN -
OPERATED AUTOMATED BATTING CAGES ONCE CONSTRUCTED AT THE
CITY'S NORTH SHORE PARK, AND THE MANAGEMENT AND OPERATION OF
THE CITY'S CONCESSION TRAILER CURRENTLY USED AT THE CITY'S
NORTH SHORE PARK FOR THE CITY'S BASEBALL PROGRAM, FOR A TOTAL
ADDITIONAL FEE OF $ PER , SUBJECT
TO FINAL NEGOTIATIONS BY THE ADMINISTRATION AND REVIEW AND FORM
APPROVAL BY THE CITY ATTORNEY; AND FURTHER AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE THE FINAL AMENDMENT.
ANALYSIS
At the January 19, 2018 Finance and Citywide Projects Committee ( "FCWPC "), an item related to the City
constructing coin - operated automated batting cages at North Shore Park and to create a solicitation for the operation
and management of the batting cages once constructed, was approved and moved to the City Commission.
At the February 14, 2018 Commission meeting, Resolution 2018 -30187 was passed accepting the recommendation
of the FCWPC in part, providing for the funding of the coin - operated automated batting cages at North Shore Park
(Exhibit A).
On April 13, 2018 the City's Procurement Department issued a Request for Letters of Interest (RFLI) for the
operation and maintenance of automated, coin- operated batting cages at North Shore Park (Exhibit B). No
responses were received by the closing date.
After the closing of the RFLI, Danny Berry Baseball Camp, Inc. reached out to the Procurement Department
expressing an interest in operating and maintaining the coin - operated automated batting cages at North Shore Park.
Since the period for submittal of the RFLI had closed, the Procurement Department did not accept the letter of
Interest and the Parks and Recreation Department then received a proposal from Danny Berry Baseball Camp, Inc.
to operate and maintain the coin- operated automated batting cages (Exhibit C).
The proposal received from Danny Berry Baseball Camp, Inc, incorporates providing players with batting practice
through the use of tokens, hourly cage rentals and private lessons. The following details were identified in the
proposal:
Page 1142 of 1464
Hours of Operation
Monday through Friday
Saturday and Sunday
Pricing
Cage Rental
Tokens
Private Lessons
Group Lessons
4:00 p.m. — 9:00 p.m.
10:00 a.m. — 8:00 p.m.
$25.00 / half -hour
$2.00 / 18 pitches
$25.00 / half -hour, one -on -one
$35.00 / hour
Staffing
Staffing will be provided and paid for by Danny Berry Baseball Camp, Inc.
Financials
Danny Berry Baseball Camp, Inc. is interested in a profit sharing split with the City. The proposed split would include
85% of revenue collected going to Danny Berry Baseball Camp, Inc. for the operation, management and
maintenance of the coin- operated automated batting cages. The City would retain the remaining 15% of the revenue
generated. There would be no operating or staffing costs attributed to the City.
Danny Berry Baseball Camp, Inc. would be responsible for the purchase of bats, helmets and balls needed for the
batting cage, the overall maintenance of the batting cage including fixtures and machinery, and ensuring that all of the
City's insurance requirements are met.
It is estimated that based on usage averaging between 20% to 60% of the hours of operation, the City would collect
between $11,520 (low range 20 %) and up to $34,560 (high range 60%) annually based on the information below:
20%
40%
60%
$76,800
250)'
($6,000 )
$
$62,108)
$14,702
$153,600
($42,2
($23,040)
($6,000)
8)
$79,982
$230,400
$42,250)
(3t)
6,000)
28)
3
$145,262
Upon further review of the proposal from Danny Berry Baseball Camp, Inc. and considering the current agreement
already in place for youth baseball programming, the City also suggests transferring the current concession
operations over to Danny Berry Baseball Camp, Inc. which is currently staffed and funded by the Parks and
Recreation Department.
Administration recommends amending the current agreement between the City and Danny Berry's Baseball Camp,
Inc. to Administer a Youth Baseball Program for the City (Exhibit D) to provide for the operation, management and
maintenance of the coin - operated automated batting cages at North Shore Park once constructed as outlined below:
Modification to Section 2: Scope of Services
2.2 Language included that the Contractor shall operate, manage and maintain all fixtures and machinery associated
with coin - operated automated batting cages once constructed at North Shore Park to include:
• Providing staff to operate the coin- operated automated batting cages during the hours of operation.
Page 1143 of 1464
• Purchasing all supplies related to the coin - operated automated batting cages such as: tokens, balls, bats and
helmets
• Providing maintenance to the coin- operated automated batting cages to include: service, parts and labor.
Detailed maintenance reports shall be provided by the Contractor to the City on the 1st of each month with
corresponding work orders, invoices and receipts attached. Any repairs to the coin- operated automated
batting cages must be made within a reasonable timeframe.
Language included that the Contractor shall also manage and operate the City's concession trailer currently used for
the baseball program at North shore Park to include:
• Providing staff to operate the concession trailer during the hours of operation.
• Purchasing all supplies related to the concession trailer such as: food (including healthy food options),
beverage, cutlery, napkins, foil, etc.
• Continuing with the City's established pricing for food and beverages currently in place at the City's concession
trailer with any increase in prices, subject to the City's review and approval.
• Keeping in accordance with the City's exclusive vending contract with Coca -Cola Refreshments, USA and the
City's exclusive vending contract with Bettoli Trading Corp.
Modification to Section 4: Fee
Adding Section 4.2 with the following language included:
In consideration of the Services to be provided for the operation, management and maintenance of the
automated batting cages at North Shore Park, the Contractor shall, on the 1st of each month, pay the City 15%
of all revenues collected by the Contractor for all usage of the automated batting cages at North Shore Park.
The Contractor shall retain 85% of all fees collected by the Contractor for all usage of the automated batting
cages (the "Contractor's Fee "). The Contractor shall also include with payment, monthly financial reports
subject to audit, which will include participant residency information, and proof of individual payments by the 1st
of each month.
It is also important to note that at their July 11, 2018 meeting, the Parks and Recreational Facilities Advisory
Board discussed the proposed amendment to the Agreement between the City and Danny Berry's Baseball
Camp, Inc, for the operation and management of the coin - operated automated batting cages once constructed
at North Shore Park, as well as the management and operation of the City's concession trailer. The Board
unanimously passed the following motion: The Parks and Recreational Facilities Advisory Board motions to
favorably recommend Amendment #1 to the Danny Berry Baseball Agreement as discussed at our Board
meeting.
CITY MANAGER'S RECOMMENDATION
B ased 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.
CONCLUSION
City Commission acceptance to waive, by 517th vote, the competitive bidding requirement, finding such waiver to be
in the best interest of the City, and approving in substantial form, Amendment no. 1 to the Agreement between the
City and Danny Berry's Baseball Camp, Inc. for Youth Baseball Programming; said amendment, in material part,
adding language providing for the operation, management and maintenance of the coin - operated automated batting
cages once constructed at the City's North Shore Park; and the management and operation of the City's concession
trailer currently used at the City's North Shore Park for the City's baseball program, subject to final negotiations by
Page 1144 of 1464
the adminlstration and review and form approval by the City Attorney; and further authorizing the Mayor and City Clerk
to execute the final amendment.
Legislative Tracking
Parks and Recreation
Sponsor
Commissioner Ricky Arriola
ATTACHMENTS:
Description
D Exhibit A— Resolution 2018-3O187
Exhibit B — Request for Letters of Interest — Operation and Maintenance of Automated Coin-Operobed
• Batting Cages at North Shore Park
D Exhibit C — Danny Berry Baseball Proposal — Coin Operated Batting Cages at North Shore Park
Exhibit D —Agreement — City of Miami Beach and Danny Berry Baseball Camp, Inc. to Administer a
• Youth Baseball Program for the City
Page 1145 of 1464
RESOLUTION NO
2018-30187
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAM I BEACH, FLORIDA, ADOPTING THE THIRD AMENDMENT TO THE
CAPITAL BUDGET FOR FISCAL YEAR 2017/18.
WHEREAS, the final Capital Improvement Plan for Fiscal Years 2017/18 — 2021/22 and
the final Capital Budget for FY 2017/18 were adopted via Resolution No 2017-30026 on
September 25, 2017; and
WHEREAS, the First Amendment to the Miami Beach Capital Budget for FY 2017/18
was adopted via Resolution No. 2017-30080 on October 31, 2017; and
WHEREAS, the Second Amendment to the Miami Beach Capital Budget for FY 2017/18
was adopted via Resolution No, 2018-30158 on January 17, 2018; and
WHEREAS, the City's budget amendments, pursuant to Section 166.241(4)(c) of the
Florida Statutes, must be adopted in the same manner as the original adopted budget; and
WHEREAS, the proposed amendments to the FY 2017/18 Capital Budget are included
in Attachment A (Source of Funds), Attachment B (Programs), and Attachment 0 (Projects); and
WHEREAS, further, it is recommended by the Administration that the FY 2017/18
Capital Budget be amended to add appropriations totaling $4,779,166.00 as highlighted in
Attachments A (Source of Funds), Attachment B (Programs), and Attachment C (Projects), and
re-appropriate $3,427,367,65 between existing projects as highlighted in Attachment C
(Projects) and as further detailed in the attached City Commission Memorandum,
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 adopt the Third Amendment to the Capital Budget for Fiscal Year 2017/18
as set forth in Attachment A (Source of Funds), Attachment B (Programs), and Attachment C
(Projects),
PASSED AND ADOPTED this le day of February, 2018.
ATTEST:
/ 4
Rafael E. Grana4o, 01 CirI
MCORP ORATE;DI
,PrO
Pag' 410.44,4g4`
APPROVED AS TO
FORM '8i LAW AGE
FOR:EXE ION
441,4' Lit
City Attorn4
ATTACHMENT A
FY 2017/18 CAPITAL BUDGET
SOURCE OF FUNDS
Amended 2/14/2018
Funding Source
Amended FY18
Capital Budget
Amended 2/14/18
Revised Capital
Budget
Transportation
$ 913,575,00
$ 913,575,00
Capital Renewal & Replacement
1,794,488.00
1,794,488.00
Comm. Dev. Block Grant
538,483,00
538,483.00
Cultural Ms Council Endowment
800,000,00
800,000,00
7th Street Garage
1,399,500.00
1,399,500,00
Art in Public Places
875,334,00
875,334.00
Fees In Lieu of Parking Fund
5,386,347,00
6,386,347.00
ConcUrrenoy lAtIgatIon Fund
5,555,000,00
5,555,000.00
RDA - Non TIF
0,865,154.00
6,865,154,00
Miami City Ballet
25,000.00
25,000,00
HOME Invest Part, Prog, Grant
344,482.00
344,482.00
Half Cent Transit Surtax-Cnty
1,322,000.00
1,322,000.00
Capital Projects Financed By Other Funds
4,500,000.00
4,500,000,00
Pay As You Go - Capital Fund
2,366,523.33
30,000.00
2,395,523,33
Capital Reserve
619,642.74
619,642.74
Resort Tax - South Beach
2,433,579,00
2,433,579,00
Resort Tax - Md Beach
2,133,082,00
2,138,082.00
Resort TaX - North Beach
2,891,067,00
2,891,067,00
General Fund Line of Credit
..
4,749,166,00
4,749,166.00
Reallocation Funds - Other Capital Projects
.,
Fire Safety 99 GO Bond
337,000.00
337,000,00
RDA South Pointe Capital ProJ
685,000.00
685,000,00
2001 Gulf Breeze-Normandy Oolf
86,000,00
85,000.00
, 051,342,06
• 2003 G, 0, Bonds-Parks ei Rec
651,342,00
.
South Pointe Capital
,.
..
Water & Sewer Impact Fees
257,211.00
257,211.00
2017 Storwater Bonds
283,381.00
283,881,00
Stormwater Projects - MOO ILA
650,000.00
050,000.00
RDA Garages
2,138,000.00
2,138,000.00
Parking Operations
11,361,541.00
11,361,541,00
2015 Parking Bonds CO Project
185,260.00
185,260,00
Property Management Fund
208,000.00
298,000.00
Fleet Management
2,507,000,00
2,507,000.00
Communications Fund
2,202,000.00
2,202,000.00
Total Appeopriation as of 2/14/2018
62,399,992.07
$ 4,779,166.00
$ 67,179,158.07
following Projects.'
Rehabilitation -
(Bibb Park
the North Shore
NO re $2,500,367,66 of fund/hg for the Indian Creek Street DralnInage Improvements tie be transferred from the
Seawall 26th Street-West End - $9,010; Collins Canal Convention Center - $2,277,049,66; and Seawall By Road
$210,000. $677, 000 of funding for the Pocket Park at 20th Street and Sunset Drive MI be transferred from the Maurice
Redesign prolect $250,000 of funding for the Automated Batting Cages at North Shore Park will be transferred fain-)
Open Space Park project
Page 1147 of 1464
ATTACHMENT B
FY 2017/18 CAPITAL BUDGET
PROGRAMS
Amended 2/14/2018
Program Area
Amended FY18
Capital Budget
Amended 2114118
Revised Capital
Budget
Art In Public Places
$ 875,334.00
$ 875,334,00
Bridges
936,366.00.
935,366,00
Community Centers
-
w
Convention Center
-
-
Environmental
213,724,00
213,724.00
Equipment
7,246,057.00
7,246 067.00
General Public Buildings
72,397,29
72,397.29
Golf Courses
-
-
Lighting
800,979.00
800,979,00`
Monuments
279,000.00
279,000.00
Parking
250,00000
250,000.00
Parking Garages
12,540,785,00
12,540,785,00
Parking Lots
600,000,00
600,000.00
Parks
12,148,963,00
30,000.00
12,178,963,00
Renewal & Replacenlent
9,528,346,00
9,528,346.00
Seawalls
623,750,00
(2,500,367.65)
(1,876,617,65)
Streets/ SideWaik Improvements
7.,974,716.78
4,749,166,00
12,723,881,78
Transit/ Transportation
8,208,575.00
8,208,575.00
Utilities
102,000.00
2,500,367.65
2,602,367,65
Total Appropriation as of 2/14/201$
$ 62,399,992.07
$ 4,779,166.00
$ 67,179,158.07
NOTE: $2,500,367.65 of funding for the Indian Creek Street Draininage improvements will be transferred from the following projects:
Seawall 2610 Street-West End - $9,518; Collins Canal Convention Center , 42,277,849.65; and Seawall Bay Road Rehabilitation -
$213, 000, $677,000 of funding for the Pocket Pork at 20th Street and Sunset Drive will be transferred from the Maurine Gibb Park
Redesign protect, 4250, 000 of funding for the Automated Batting Cages at North Shore Park will be transferred from the North Shore
Open Space Park project.
Page 1148 of 1464
ATTACHMENT C
FY 2017/18 CAPITAL BUDGET
PROJECTS
Amended 2/14/2018
Capital Project Name
Amended Capital
Budget
2/14/18
Revised Capital
Budget
budget
11th Street - Flamingo Neighborhood
(Project #.20607)
6,503,312,85
1,058,679,00
7,561,991.85
West Avenue Phase I I (Project # 20597„
58, 529,484,10
3,690,487,00
62,219,971.10
Indian Creek Street Drainage Improvements
(Project 21220)
5,500;000.00
2,600,367,65
8,000,367.65
Seawall 26thStreetNWest End (Project #28750)
325,000,00
(9,518.00)
315,482.00"
Collins Canal Convention Center (Project# 28770)
2,375,000,00
(2,277,849.65)
97,150,36
Seawall Bay Road Rehabilitation (Project # 28800)
275,000,00
(213,000,00)
62,.000.00
Pocket Park at 20th Street and Sunset Drive
(NewProjeat)
-
677,000,00
677,000.00
IVlaurice Gilt Redesign (Project #28850)
3,305,682.00
(677,000.00)
2,628,682.00
Automated Batting Cages at North Shore Park
(New Project):
_
250,000,00
250,000.00
North Shore Opera Space Park (Project # 27960)
5,160,000.00
(250,000, 00)
4, 910, 000.00
Drinking Fountain at Polo Park (New Project)
-
30,000.00
30,000,00'
Total
$ 81,973,478.95
$ 4,779,166.00
$ 86,752,644.95
Page 1149 of 1464
MIAAA
BEA
Resolutions - R7 C
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Jimmy L. Morales, City Manager
DATE: February 14, 2018
2:10 p.m. Public Hearing
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, .FLORIDA, ADOPTING THE THIRD AMENDMENT TO THE
CAPITAL BUDGET FOR FISCAL YEAR 2017/18.
RECOMMENDATION
See Memorandum attached.
Legislative Tracking
Budget and Performance Improvement
ATTACHIVI5NT&
Description
Li MEMO-8rd Amendment to FY 2017/18 Capital Budget
R080111ii on
Pogo 40%012404
MIAMVBEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www,miarnibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Dan Gelber and Members of the City Commission
FROM. Jimmy L. Morales, City Manager
DATE: February 14, 2018
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, ADOPTING THE THIRD AMENDMENT TO THE
CAPITAL BUDGET FOR FISCAL YEAR 2017/18.
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
BACKGROUND
Planning for capital improvements is an ongoing process; as needs change within the City,
capital 'programs and priorities must be adjusted accordingly, The Capital Improvement Plan
("CIP') serves as the primary planning tool for systematically identifying, prioritizing and
assigning funds to critical City capital development, improvements and associated needs.
The City's CIP process begins in the spring when all departments are asked to prepare capital
improvement updates and requests on the department's ongoing and proposed capital projects.
Individual departments prepare submittals identifying potential funding sources and requesting
commitment of funds for their respective projects.
The CIP is updated annually and submitted to the City Commission for adoption. The 2017/18 —
2021/22 Capital Improvement Plan and FY 2017/18 Capital Budget was adopted on September
25, 2017 by Resolution 2017-30026.
The First AMendment to the FY 2017/18 Capital Budget was approved on October 31, 2017 by
Resolution 2017-30080, The Second Amendment to the FY 2017/18 Capital Budget was
approved on JanUary 17; 2018 by Resolution 2018-30158,
Section 166,241(4) (a), Florida Statutes, requires that a municipality's budget amendment must
be adopted In the same manner as the original budget. Administration recommends adopting
the Resolution for the Third Amendment to the FY 2017/18 Capital Budget.
•11e2.1 '
t17510rPflt4t4
Resolution Adopting the Third Amendment to the Capital Budget for FY 2017/18
February 14, 2018
Page 2 of 4
THIRD AMENDMENT TO THE FY 2017/18 CAPITAL. BUDGET
The Third Amendment to the FY 2017/18 Capital Budget totals an increase of $4,779,166,00
and re-appropriations of $3,427,367,65 in order to provide additional funding, and to reallocate
funding between the following capital projects.
1, 11th Street Flamingo Neighborhood: At the January 19, 2018 FCWPC meeting, the
Finance Committee voted to recommend to the City Commission that this item be
included in the upcoming Capital Budget amendment, The scope of this project
includes drainage improvement, water and sewer line repairs, landscaping and
lighting work on 11th street from Alton Road to Jefferson Avenue and from Euclid
Avenue to Washington Avenue within the Flamingo Park Neighborhood. The Water,
Sewer and Stormwater - funded portions of this project were previously funded in the
capital budget,
This budget amendment would appropriate the above ground portion of the project
(including landscaping, lighting, and streetscaping) using the Line of Credit for
budget appropriations and encumbrances to issue purchase orders, Payment of
actual expenses will be made from the anticipated General Obligation (00) bond
proceeds. If the GO bond is not passed, the funding for expenses will come from
future PAYGO funds or additional funds from the pending amendment to the kDA
Agreement with Miami Dade County,
Prior :1e8rs' Appropriations
.
$6,503,312,85
February 14, 2018 Budget Arnendmprit
1,058,679.00
Proposed Tots! AppeopriatIons
$7,561,99t85
2. West Avenue Phase II: At the January 19, 2018 FCWPC meeting, the Finance
Committee voted to recommend to the City Commission that this item be included in
the upcoming Capital Budget amendment. The scope of this project includes
drainage improvement, water and sewer line repairs, landscaping and lighting work
on 14th North within the West Avenue Neighborhood, The Water, Sewer and
Stormwater- funded portions of this project were previously funded in the capital
budget.
This budget amendment would appropriate the above ground portion of the project
(including landscaping, lighting, and streetscaping) using the Line of Credit for
budget appropriations and encumbrances to issue purchase orders. Payment of
actual expenses will be made from the anticipated General Obligation (GO) bond
proceeds. If the GO bond is not passed, the funding for expenses will CQMO from
future PAYGO funds or additional funds from the pending amendment to the RDA
Agreement with Miami bade County.
Prior Years' Appropriations.
529 484M7
58 , 7
f '
February 14, 2018 Budgeto■rnendMent
3 690 7 487.00
7
Proposed Total Appropriations
$62219,971.57
Potm 1.6201012404
Resolution Adopting the Third .Amendrnent to the Capital Budget for FY 2017/18
February 14, 2018
Page 3 of 4
3. Indian Creek Street Drainage Improvement: At the January 19, 2018 Finance and
Citywide Projects Committee (FCWPC) meeting, the Finance Committee voted to
recommend to the City Commission that this item be included in the upcoming
Capital Budget amendment, At the March 9, 2016 Commission meeting, the City
Commission approved the agreement between the City and the Florida Department
of Transportation (FDOT) for storm water improvements along Indian Creek Avenue
from 26th to 41st street, including restoration of the crumbling seawalls and
addressing overgrown vegetation, which have been identified as in critical need of
repairs. The overall project includes a S20,008,493 grant award from FDOT. This
budget amendment would appropriate an additional S2,500,867,65 to this project to
fund a portion of these repairs, the cost of which has exceeded the original budget.
Funding for this amendment would come from the transfer of South Pointe Capital
(Fund 389) dollars previously appropriated to the projects outlined below:
• Seawall 261" Street-West End - $9,518.00 (Project completed and does net
require additional funding at this time)
• Collins Canal Convention Center - $2,277,849.65 (Funds no longer needed,
as the scope of this work will be covered using funds previously appropriated
to the Convention Center to Washington Avenue Seawall and the Dade Blvd
—Washington Ave Seawall projects)
• Seawall Bay Road Rehabilitation - 8213,000,00 (Project completed and does
not require additional funding at this time)
Prior Years' Appropriations
$5,508,493,00
February 14, 2018 Budget Amendment
2,500,367,65
Proposed Total Appropriations
$8,008,860.65
4, Pocket Park at 20th Street and Sunset Drive: At the January 19, 2018 FCWPC
Meeting, the Committee recommended the approval of the construction of a new
pocket park to be located at the City lot situated at 20th Street and Sunset Drive,
This funding will allow for the construction of the new pocket park before the closure
of the Maurice Gibb Park.
Funding for this amendment would come from the transfer of funds previously
,appropdated to the Maurice Gibb Park 'Redesign project as outlined. below, The
intention is that these dollars will be replenished in the future with proposed GO bond
funds.
Parks and Recreation Beautification (Fund 366) - $155,658
• 2003 GO Bonds Parks and Beaches (Fund 383) - S521,342
Prior Years' Appropriations
80.00
February 14, 2018 Budget Amendment
677,000,00
Proposed Total Appropriations
$677,000.00
Pop .71a),15f1/4154
Resolution Adopting-the Third Amendment to the Capital Budget for FY 2017/18
February 14, 2018
Page 4 of 4
5. Automated Batting Cages at North Shore Park: At the January 19, 2018 FCWPC
meeting, the Committee recommended the approval of the construction of automatic
batting cages at the North Shore Park,
Funding for this amendment would come from the transfer of dollars previously
appropriated to the North Shore Open Space Park project as outlined below. The
intention is that these dollars will .be replenished in the future with proposed GO bond
funds.
• Capital Projects Financed by Other Funds (Fund 301) - $250,000
Prior Years' Aperopriations
$0.00
February 1.4, 2018 Budget Amendment
250,000,00
Proposed Total Appropriations
$250,000.00
6. Drinking ountain at Polo Park: At the January 19, 2018 Finance and Citywide
Projects Committee Meeting, the Committee recommended the approval of the
installation of a chilled drinking water fountain on the northeast corner of Polo Park,
Funding for this proposed amendment would come from PAYGO Fund balance
(Fund 302), which became available as a result of the first capital budget
amendment on October 31, 2017.
Prior Years' Appropriations
$000
February 14, 2018 Budget Amendment
30,000,00
Proposed Total Appropriations
$30,000,,00
JLM/JW/TOS
MIAMIBEACH
Procurement Department
1755 Meridian Avenue, 3rd Floor
Miami Beach, Florida 33139
REQUEST FOR LETTERS OF INTEREST
RFLI 2018 - 222 -WG
Automated Batting Cages at North
1_•
Introduction and Purpose. The Parks and Recreation Department seeks letters of interest to operate
and maintain automated, coin- operated batting cages at North Shore Park.
Since 2015 the City of Miami Beach has experienced a rapid growth in youth baseball and the community
has expressed an interest in batting cages at North Shore Park, as it will add an additional recreational
component to the area. The conceptual design of a batting cage component which would fit within the park
includes four batter stations with four automated coin /token /card operating pitching machines: three
designated baseball launchers and one designated softball launcher.
The address for North Shore Park is 501 72nd Street, Miami Beach, FL. 33141.
The scope of services proposed shall include, but not be limited to the following:
1. The Contractor shall be solely responsible for all costs and expenses associated with the
sporting gear, such as helmets, balls, and bats, maintenance of all furniture, fixtures, and
equipment, and other improvements relating to the Automated Coin Operating Batting
Cages. The Contractor will also be responsible for its subsequent operation or use, and all
alterations, repairs or replacements thereof.
2. The Contractor shall operate the facility Monday- Sunday from 10:OOam- 8:OOpm.
3. The Contractor will staff the Batting Cage accordingly for purposes of operating and
troubleshooting issues that may arise before or during use of Batting Cage including but
not limited to, sales, bats and helmets.
4. The Contractor will propose a cost for participant use.
5. The Contractor will offer a detailed maintenance plan for Batting Cage, including but not
limiting to procedures for inclement weather such as hurricanes.
Qualifications
Respondent shall describe their firm's professional experience operating and managing automated batting
cage facilities including but not limited to :.
1. Respondent shall be certified in the following: CPR /First Aid, Automated External Defibrillator
(AED) and Concussion training
2. Respondent shall have experience in development and implementing of baseball hitting services.
3. Respondent shall have experience providing a quality baseball training environment for both the
serious and the recreation- minded.
4. Respondent shall have comprehensive knowledge of Batting cages to include operations and
maintenance
5. Provide any additional information that you feel demonstrates the qualities of your organization's
services or any additional service your organization will offer within the basic scope of services
requested.
References
Please provide a list of two (2) clients (other municipalities preferably) for which you have provided
Operation and Management of Batting Cages within the last five (5) years. For each reference, submit
name of client, client contact individual, and telephone, address and email of client contact.
Letters of Interest will be evaluated on the basis of:
1) Experience (references will be contacted)
2) Nature and scope of services offered
Page 1155 of 1464
3) Pricing
4) Other information deemed important to the City
Any questions regarding this RFLI should be submitted to William Garviso, Procurement Contracting
Officer II, at williamgarviso (a�miamibeachfl.gov
The. City is not required to act upon any information obtained through this RFLI. The City may consider
releasing a competitive solicitation as a result of the information obtained via this RFLI, may pursue a
procurement based on the purchase authorities expressed in its administrative code, or may take no
action as a result of this RFLI,
1. Response Requirements: Submit one (1) hard copy "original" marked as such, and one (1) electronic
copy (CD -ROM, USB flash drive, etc.). In keeping with the City's sustainability program, RFLI hard copies
should be printed when possible on paper containing a high level of post- consumer recycle content.
Responses should contain the following:
2.1. Respondent Information. Including:
1, Company legal /registered name.
2. Company mailing and physical address.
3. Company Website URL (if available).
4. Name of company representative that will be the primary point of contact for
inquiries.
5. Contract representative's telephone number (toll -free preferred).
6. Contact representative's e -mail address.
3. Submittal Instructions. Responses should be submitted to:
City of Miami Beach
Procurement Department
1755 Meridian Ave., 3rd Floor
Miami Beach, Florida 33139
All Responses to RFLI should be submitted by April 26, 2018 at 03 :00 p.m., Eastern
Standard Time (EST).
Page 1156 of 1464
U "_
o 0
o_
d
C
E "' 3;
E R
C., L: ' iv
-o 2 ry r! v U n,
ri e2 m LI C7 Gi
R
u m lu 0 ° - Z. `m a.
G7
:e ,I 84 NI
st
3
f
,.,
z ti j h TrY
u7
0
aye fr,�
amated B-attn
E
41 I
N :e
}
Page 1157 of 1464
Coin Operated Batting
Cages at North Shore
Park
1225 N.E. 172 S tW
North Miami, Fla. 331462
-281-096.1 dberry@ait)ericc.org
[Fax] www . i t ibex hyauthbaseball.corn
Page 1158 of 1464
Table of Contents
Descriptionof BWsiOess,.,. ................. .-~. .................................. ..... ............ ~.^^...... 2
Company Ownership/Legal Entity
Location
Hours of Operaflon
Products and Services
Service
Management
Batting Cage Operations
Pricing
111. Financials ....... ............. .
Start-Up Expenses
Determining Start-Up Capital
Cash Flow
Income Projection Statement
Sales Forecast
Summary
......... Error! Bookmark not defined.
..... .............. ... ........ . ..... ..^..4ErPDF! Bookmark not defined.
Page 1159 of 1464
Description of Business
Coin operated batting cages will be overseen by Danny Berry
Baseball Camp Inc. and will provide players from ages 5 -75 to
take batting practice by tokens or by renting cages by the
hour. Private lessons will also be available
Location
Cages will be located in the North West corner of North Shore Park.
Hours of Operation
Monday- Friday 4 :00 p.m. — 9:00 p.m.
Saturday - Sunday 10:00a. m. 8:00 p.m.
Products and Services
Batting cages will be offered for use by tokens or hourly rental.
Private Lessons
Pro shop if available
Management
1 have managed 5 coin operated batting cages for the past 10 years for
training purpose only. I will also have an employee on site during
hours of operation.
Page 1160 of 1464
Batting Cage Operations
Batting cages will be promoted through the Miami Beach Youth
Baseball Program and to schools in the Miami Beach community.
Pricing
Pricing will be as follows:
Cage Rental -$25 /half hour
Tokens - $2.00/18 pitches
Private Lessons -$25 /half hour for one on one
Group Lesson: $35/Hour
Staffing
The Batting Cage Facility will be staffed during hours of operations.
Staffing cost is $16.25 /hour including taxes.
Page 1161 of 1464
Financials
Batting cages do not operate at 100% usage on a daily basis. The
figures below are a representation of a batting cage operating
between 20%-60%. Revenue is determined by coin operated usage,
private lesson and cage rentals. The yearly budget is determined by
the revenue, staff wages (including taxes), maintenance, and liability
insurance. Not included in the figured below is a $3,000 start-up cost
for bats, helmets and balls. The suggested times of use is during
Danny Berry Baseball Season since it is difficult to gauge what the
usage of the batting cages would be in the day during the summer.
% OF FULL
e
lowf$
20% 40% 60%
$76,800
($42,21'0)
($11,520)
($6,(X)( )
(:328)
So
($62,(: 98)
$14,702
$153,600
($42,250)
($23,040)
($6,000)
($2,328)
$230,400
($42„250)
($34,5(30)
($6,000)
($2,328)
So
8
73 6
, )
So
($85 138)
$79,982
$145,262
Pending on a usage rate of 20%-60% the City of Miami Beach would
receive $11,520-$34,560 after the 85% operator /15% City split
annually.
Page 1162 of 1464
AGREEMENT
BETWEEN
THE CITY OF MIAMI BEACH, FLORIDA
AND
DANNY BERRY'S BASEBALL CAMP, INC.
TO ADMINISTER A YOUTH BASEBALL PROGRAM FOR THE CITY
This, ofrsional Services Agreement ( "Agreement ") is entered into this a-' day of
, 2018, 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 ") in connection with the
administration of a youth baseball program for the City (the "Program ").
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
Page 1163 of 1464
performed by the Contractor; where the Services are performed (although the City will provide
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
pauidimuont @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 shall commence on August 1, 2018, for a
three (3) year term, with two (2) additional one (1) year renewals options, to be exercised at the
City Manager's sole option and discretion, by providing Contractor with written notice of same
no less than thirty (30) days prior to the expiration of the initial term, (or of a renewal option, as
the case may be).
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 $70,200.00 annually.
The City shall also pay the Contractor a Management Fee of $1,250.00 per individual baseball
team (as defined in Exhibit "A" hereto). Contractor's baseball Program shall consist of no more
than 26 teams per season. 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 pay the Management Fee 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.
Page 13164 of 1464
• 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.
• 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 per season,
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
Agreement.
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
Page 165 of 1464
DISCHARGED FROM ANY AND ALL LIABILITIES, DUTIES, AND TERMS ARISING OUT OF,
OR BY VIRTUE OF, THIS AGREEMENT.
5.3 TERMINATION FOR INSOLVENCY
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, loss 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
Page 1166 of 1464
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
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 $10,000.
Consultant hereby expresses its willingness to enter into this Agreement with Consultant's
recovery from the City for any damage action for breach of contract to be limited to a maximum
amount of $10,000.
Accordingly, and notwithstanding any other term or condition of this Agreement, Consultant
hereby agrees that the City shall not be liable to the Consultant for damages in an amount in
excess of $10,000 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 1 67 of 1464
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
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
Page 1'k8 of 1464
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,
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.
Page 1 769 of 1464
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
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
Page 170 of 1464
(3)
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
E-MAIL: RAFAELGRANADO. A IBEACHF .GOV
PHONE: 305-673-7411
SECTION 11
NOJICES
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 Mall, 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 mall, return receipt requested, hand delivered, or by
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.
Page 1 ?71 of 1464
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. The City Manager has 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 $25,000.00.
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.
Prior to performing any services under this Agreement, Contractor and Contractor's employees,
contractors, and any other individuals performing work under this Agreement on behalf of
Contractor must either (a) undergo and pass a Level 2 background check through the City's
Human Resources Department, or (b) provide the City with an affidavit indicating that Contractor
has undergone and passed, through Contractor's employment with Miami -Dade County Public
Schools, a Level 2 background check pursuant to Chapters 435 or 1012, Florida Statutes, within
the last 365 days.
[REMAINDER OF THIS PAGE LEFT INTENTIONALLY BLANK]
Page 1192 of 1464
IN WITNESS WHEREOF, the parties hereto have caused this Agreement o be executed
by their appropriate officials, as of the date first entered above,
FOR CITY:
ATTEST:
By
Date:
Rafael E. Granada
City Clerk
E3
CITY OF MIAMI BEACH, LORIDA
By
my L orales
Manager
tOt
...31-Ir 'PRATEI:i;!
FOR CONTRACTOR:
Date:
,A) 41-22e letthi
Print Name/Title
DAN NY BERRY'S BASEBALL CAMP.
INC.
By:
Page 11173 of 1464
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
C 1 Y
Attorney
:#0
Date
EXHIBIT "A"
DESCRIPTION OF SERVICES
The Contractor shall establish and administer two (2) youth baseball program seasons each
year for Miami Beach residents and visitors between the ages of three (3) and 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 14 of 1464
• 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:
.;S; ason, ._
I egii i... _........._
Endo:
Fall
August
December
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 such as equipment, uniforms, and
other supplies. 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.
Page 1112P5 of 1464
• 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
season, and approved reduced rate (Le. 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. The City will then take the donation to the City Commission for their approval to
accept the sponsorship.
• 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: bases,
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, including security sponsorships.
• 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.
Page 111476 of 1464
• The City shall cover the cost of any background checks for umpires, coaches and
volunteers when the City requirements exceed those of the Little League standards.
Page 111577 of 1464
RESOLUTION 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 6/7TH
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 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:
Page 1178 of 1464
• 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 15t 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
5/70'8 vote, the formal competitive bidding requirement, and find that such waiver is in the best
Interest of the City.
Page 1179 of 1464
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 5/7u' 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.
ATTEST:
PASSED AND ADOPTED this 7th day of March 018.
Dan Gelber, Mayor
Rafae E. Granado,
Page 1180 of 1464
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
Q
City Attorney n ,n P Date