Agreement with Danny Berry's Baseball Camp, Inc. tot - 30290
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 Prpj p iopal Services Agreement ("Agreement") is entered into this day of
(`'tn 17 , 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: For the purposes of this Agreement, Contractor shall be deemed to be an
independent contractor, and not an agent or employee of the City.
Services: All services, work and actions by the Contractor performed or undertaken
pursuant to the Agreement.
Fee: Amount paid to the Contractor as compensation for Services.
Risk Manager: 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
1
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
pauldimuont@miamibeachfl.gov
2.2 Contractor's Services, and any deliverables incident thereto, shall be completed in
accordance with the timeline and/or schedule in Exhibit "A" hereto.
SECTION 3
TERM
The term of this Agreement ("Term') shall commence 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.
2
• 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
3
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
4
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.
5
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
6
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.
7
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
8
Guaranteed, or certified mail, with postage or shipping paid by the sender and
with evidence of delivery, which may be in an electronic format.
(3) 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: RAFAELGRANADOMIAMIBEACHFL.GOV
PHONE: 305-673-7411
SECTION 11
NOTICES
All notices and communications in writing required or permitted hereunder, shall be delivered
personally to the representatives of the Contractor and the City listed below or may be mailed
by U.S. Certified Mail, return receipt requested, postage prepaid, or by a nationally recognized
overnight delivery service.
Until changed by notice, in writing, all such notices and communications shall be addressed as
follows:
TO CONTRACTOR: DANNY BERRY'S BASEBALL CAMP, INC.
1225 NE 172 STREET
NORTH MIAMI BEACH, FL, 33162
ATTN: DANNY BERRY, PRESIDENT
TO CITY: CITY OF MIAMI BEACH
PARKS AND RECREATION DEPARTMENT
1701 MERIDIAN AVENUE, SUITE 401
MIAMI BEACH, FL 33139
ATTN: JOHN REBAR, DIRECTOR
Notice may also be provided to any other address designated by the party to receive notice if such
alternate address is provided via U.S. certified mail, return receipt requested, hand delivered, or by
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.
9
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]
10
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
by their appropriate officials, as of the date first entered above.
FOR CITY: CITY OF MIAMI BEACH, FLORIDA
ATTEST:
�
By: 'MPBY. .mi.iiiL
Rafael E. Granado Ji y L. M.rales
City Clerk Cit Manager
Date: 3/.3C/1$' Q �\ B �n '
yV
't _ I
FOR CONTRACTOR j-: cbANNY BERRY'S BASEBALL CAMP,
' ��( ?C_. INC.
ATTEST: !
By: By: l
Danny Berry
President
/24-.)<- 15X 4,0)- klk rtc/aGer?
Print Name/Title
Date: .-Sbat 8
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
act
r3-
City Attor ey Date
11
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.
12
• Contractor shall hold the City harmless in the event of any facility or field closures due to
inclement weather and/or any other conditions that would render a facility unusable for
Contractor's Program. Contractor agrees to adhere to the City's directives pertaining to
field closures.
• Contractor shall cease all operation and use of the Designated Premises (as defined
below) no later than one (1) week after the end date of the season, unless prior
arrangements have been made with the Director and evidenced in writing.
• Contractor's Program Activities shall be conducted at times and locations as determined
by the Director.
• Season start and end dates may be amended at any time by the City, or as approved in
writing by the City and Contractor.
• Contractor's spring season shall begin and end as follows:
Season Begins Ends
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.
13
• 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 (i.e. 50%). This list shall be mailed electronically to
the Director as an Excel document no later than one week following the start of the
season.
4. Marketing
• Contractor shall consult and collaborate with the Director in order to establish a
marketing program aimed at promoting the Program.
• All marketing materials and methods shall be pre-approved by the Director prior to being
utilized.
• Contractor shall provide the Director with electronic copies of any and all marketing
materials utilized to promote the Program. All electronic files shall be provided in a
format that is compatible with the City's software program(s).
• Contractor authorizes the City to utilize any and all Program-related marketing materials
as the City deems appropriate for the purpose of promoting the Program.
5. Sponsorships
• Contractor shall use its best efforts to solicit and obtain sponsorships on behalf of the
City for the sole purposes of raising funds to cover management costs or additional
necessary/approved operational costs of the Program.
• All funds raised from sponsorships shall be made payable directly to the City of Miami
Beach. 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.
14
• 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.
15