Amendment No. 1 to the Agreement with Danny Berry's Baseball Camp, Inc. AMENDMENT NO. 1 TO THE 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 Amendment No. 1 ("Amendment") to the Agreement, dated July 25, 2018, by and
between the City of Miami Beach, Florida, a municipal corporation organized and existing under
the laws of the State of Florida, having its principal place of business at 1700 Convention Center
Drive, Miami Beach, Florida 33139 (the "City"), and Danny Berry's Baseball Camp, Inc., a
Florida for profit corporation, having its principal place of business at 1225 NE 172 Street, North
Miami Beach, Florida 33162 ("Contractor"), is entered into this 2,111‘ day of AU81ASt ,
2018.
RECITALS
WHEREAS, on March 7, 2018, the Mayor and City Commission adopted Resolution
Number 2018-30240, accepting the recommendation of the Neighborhood/Community Affairs
Committee and the Finance and Citywide Projects Committee, 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; and
WHEREAS, on March 26, 2018, the City and Contractor executed an agreement
between the City and Danny Berry's Baseball Camp, Inc. to administer a youth baseball
program for the City at North Shore Park (the "Agreement"); and
WHEREAS, on July 25, 2018, the Mayor and City Commission adopted Resolution No.
2018-30435, approving Amendment No. 1 to the Agreement, said Amendment, in material part,
increasing the scope of the Agreement to provide 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.
NOW THEREFORE, in consideration of the mutual promises and conditions contained
herein, and other good and valuable consideration, the sufficiency of which is hereby
acknowledged, the City and Contractor hereby agree to amend the Agreement as follows:
1. ABOVE RECITALS.
The above recitals are true and correct and are incorporated as part of this Amendment.
2. MODIFICATIONS.
The Agreement is hereby amended (deleted items . rough and inserted items
underlined) as follows:
(a) Exhibit "A" (Description of Services) is hereby amended to add the following new Section 7;
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7. Additional Services for North Shore Park
7.1.1 Operation of Coin-Operated Automated Batting Cages. The Contractor shall also
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'
• purchasing all supplies related to the coin-operated automated batting cages such as:
tokens, balls, bats and helmets and to maintain these in safe condition'
• providing maintenance to the coin-operated automated batting cages to include: service
parts and labor within a reasonable timeframe, as determined by the City Manager or his
designee; and
• providing detailed maintenance reports to the City on the 1' of each month with
corresponding work orders, invoices and receipts attached'
7.1.2 Operation of Concession Trailer. 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, beverage, cutlery
napkins, foil, etc:
• continuing with the City's established menu (including healthy food options) and pricing
for food and beverages currently in place at the City's concession trailer, with any
changes in the menu options and increases in prices, being subject to the City
Manager's review and approval; and
• complying with the City's exclusive vending contracts with Coca-Cola Refreshments
USA and Bettoli Trading Corp.
(b) Section 4 of the Agreement is hereby deleted in its entirety and replaced with the following:
4.1 In consideration of the Services to be provided pursuant to Sections 1-6 of Exhibit "A"
Contractor shall be compensated on a fixed fee basis, in a total amount not to exceed
$70,200.00 annually, consisting of a Manaqement Fee and Clinic Fee, as more particularly
described herein:
4.1.1 Management Fee. 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 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.
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• 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.
4.1.2 Clinic Fee. 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.
4.2 Batting Capes' Management Fee. In consideration of the Services to be provided as
described in subsection 7.1.1 of Exhibit "A", for the operation, management and maintenance of
the coin-operated automated batting cages at North Shore Park, the Contractor shall pay the
City a fee (the "City's Fee"), in the amount of 15% of all gross revenues collected by Contractor
from the operation of the coin-operated automated batting cages at North Shore Park. The
Contractor shall retain 85% of all gross revenues collected by Contractor from the operation of
the coin-operated automated batting cages (the "Batting Cages' Management Fee"). By the 10'"
day of each month. Contractor shall remit the City's Fee for the immediately preceding month
along with monthly financial reports delineating all gross revenues collected by Contractor from
the operation of the batting cages for the preceding month, subject to audit by the City, which
will include participant residency information and proof of individual payments received by
Contractor.
4.3 In consideration of the Services to be provided as described in subsection 7.1.2 of Exhibit
"A", for the management and operation of the City's concession trailer, Contractor shall retain all
revenues collected from the operation of the City's concession trailer. Upon the City Manager
or his designee's request, Contractor shall provide the City with monthly financial reports
delineating all gross revenues received by Contractor from the operation of the City's
concession trailer.
4.4 Independent Contractor/No Joint Venture. THIS AGREEMENT SHALL NOT
CONSTITUTE OR MAKE THE PARTIES A PARTNERSHIP OR JOINT VENTURE. FOR THE
PURPOSES OF THIS AGREEMENT, THE CONTRACTOR SHALL BE DEEMED TO BE AN
INDEPENDENT CONTRACTOR. AND NOT AN AGENT OR EMPLOYEE OF THE CITY. AND
SHALL NOT ATTAIN ANY RIGHTS OR BENEFITS UNDER THE CIVIL SERVICE OR
PENSION ORDINANCE OF THE CITY, OR ANY RIGHT GENERALLY AFFORDED
CLASSIFIED OR UNCLASSIFIED EMPLOYEES INCLUDING ANNUAL AND SICK DAY
ACCRUAL. FURTHER, THE CONTRACTOR SHALL NOT BE DEEMED ENTITLED TO
FLORIDA WORKER'S COMPENSATION BENEFITS AS AN EMPLOYEE OF THE CITY OR
ACCUMULATION OF SICK OR ANNUAL LEAVE.
The Contractor shall be the sole party responsible for any and all employment taxes
unemployment compensation taxes or insurance, social security taxes, or other taxes
insurance payments, or otherwise whether levied by any country or any political subdivision
thereof. The Contractor shall not, in any way, be considered to be, or be deemed to be. an
employee of the City through the Services performed in this Agreement (e.g., including, but not
limited to, for purposes of the Federal Insurance Contribution Act, the Social Security Act, the
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Federal Unemployment Tax Act, the provisions of the Internal Revenue Code, any state
revenue and taxation code relating to income tax withholding at the source of income, the
Workers' Compensation Insurance Code and other benefit payments and third party liability
claims), and the Contractor shall indemnify and hold the City harmless from all costs, loss
damages or expenses (including but not limited to taxes, accounting fees, court costs, and
attorney fees at all levels of litigation) in the event of any determination to the contrary by any
court of competent jurisdiction or governmental authority. The Contractor recognizes and
understands that it will receive an Internal Revenue Service Form 1099 statement and related
tax statements in connection with the fees the City pays Contractor directly, and will be required
to file corporate and/or individual tax returns and to pay taxes in accordance with all provisions
of applicable Federal and state law as to all such fees received from the City and all revenues
generated pursuant to this Agreement. The Contractor hereby promises and agrees to
indemnify the City for any damages or expenses, including attorney's fees, and legal expenses
incurred by the City as a result of the Contractor's failure to make such required payments.
3. RATIFICATION.
Except as amended herein, all other terms and conditions of the Agreement shall remain
unchanged and in full force and effect. In the event there is a conflict between the provisions of
this Amendment and the Agreement, the provisions of this Amendment shall govern.
THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK.
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IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be executed
by their appropriate officials, as of the date first entered above.
FOR CITY: CITY OF MIAMI BEACH, FLORIDA
ATTEST:
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By:
Ra ael E. anado, City Clerk Dan Gelber, Mayor
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FOR CONTRACTOR: 6 * INCORF BRAIEDI
i 's Baseball Camp, Inc.
ATTEST: CH
By:
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// President
4it Y)S�IJOAi Airs& Danny Berry
Print Name and Title Print Name
02/n/fir
Date
APP e a .o AS TO
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