Amendment No.1 to Independent Contractor Agreement with Manuel Castillo •
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AMENDMENT NO. 1
TO INDEPENDENT CONTACTOR AGREEMENT
BETWEEN
THE CITY OF MIAMI BEACH, FLORIDA
AND
MANUEL CASTILLO
This Amendment No. 1 (the "Amendment") to the Independent Contractor Agreement (the"Agreement"),
dated October 20, 2021, by and between the CITY OF MIAMI BEACH, FLORIDA, a Florida municipal
corporation, having its principal office at 1700 Convention Center Drive, Miami Beach, Florida 33139, (the
"City")and MANUEL CASTILLO, hiiist its principal office at 1420 NE Miami Place#203,Miami,FL 33132,
•
("Contractor")is entered into this_.I'-f - day of . 2022("Effective Date").
WITNESSETH:
WHEREAS, the City and Contractor executed the Agreement to administer tennis programming;
•
and
WHEREAS, during the May 2, 2022 City Commission meeting, Resolution No. 2022-32146 was
passed approving Amendment No. 1 to the Independent Contractor Agreements between(1)the City and
Mr. Manuel Castillo; and (2) the City and Mr. Delio Pacifici, with the total amount authorized for each
agreement not to exceed$125,000.00 during FY 2021-2022,for professional tennis instruction services at
Flamingo Park Tennis Center; and
WHEREAS, in order to complete the Services during the Term, an amendment is necessary to
increase the Fee from $ 50,000.00 to an amount not to exceed $125,000.00, which shall be paid as
described in Exhibit B to the Agreement.
NOW,THEREFORE, in consideration of the mutual promises, covenants, agreements, terms, and
conditions herein contained, and other good and valuable consideration, the sufficiency and adequacy of
which are hereby acknowledged, the parties agree as follows:
1. ABOVE RECITALS
The above recitals are true and correct and are incorporated as part of this Amendment.
2. MODIFICATIONS
a. Section 2 of the Agreement, entitled "Fee," is hereby deleted in its entirety and replaced with the
following:
2. Fee.
In consideration of the Services to be provided pursuant to this Agreement, the City agrees to pay
Contractor a fee, not to exceed the amount of $125,000.00 (the "Fee"), which shall be paid as
described in Exhibit"B" hereto.
The Contractor shall issue invoices to the City pursuant to the mutual agreement of the parties
and pursuant to the Fee schedule set forth in Exhibit"B"hereto upon receipt of an acceptable and
approved invoice. The City shall remit payment to the Contractor within 45 days of receiving an
invoice from the Contractor for that portion (or those portions) of the Services satisfactorily
rendered (and referred to in the particular invoice).
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3. RATIFICATION
Except as amended herein, all other terms and conditions of the Agreement shall remain unchanged and
in full force and effect.
IN WITNESS WHEREOF, the City and the Contractor have executed this Amendment No.1 to the
Agreement as of the day and year first written above by their duly authorized representatives.
ATTEST: CITY OF MIAMI BEACH
DocuSignedd by:
Rafael E. Granado, City Clerk Ina T. Hudak, City Manager
8/3/2022 I 3:57 PM EDT
Date ------
WITNESS: MANUEL CASTILLO
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6A/1 Age,cb, /4,0 0)21 CcA.,r-.,6
Print Name Print Name
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Date
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
CIf
41: •
`1, �'\ 0 t
City Attorn-y t f.. Da e
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M I A M I E AC H •
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Amendment No.1-Manuel Castillo(FY 22 Independent Contractor Agreement)
iit - __ ti > . L'CXi7i o « zts.. ._. _..
Manuel Castillo Parks and Recreation
John Rebar, `�ki2w. Mark Taxis, M`.A.!r�
Type 1—Contract,amendment,change order or task order resulting from a procurement-issued competitive solicitation.
Type 2—Other contract,amendment,change order or task order not resulting from a procurement-issued competitive solicitation.
X Type 3—Independent Contractor Agreement(ICA) Type 6—Tenant Agreement
Type 4—Grant agreements with the City as the recipient Type 7—Inter-governmental agency agreement
Type 5—Grant agreements with the City as the grantor Other:
- 1-7
This is Amendment No.1 for FY 22 Independent Contractor Agreement for Manuel Castillo.The Amendment is necessary to
increase the Fee from$50,000 to an amount not to exceed$125,000. This was approved by the City Commission via
Resolution No.2022-32146 passed on May 4,2022.The agreement is to administer tennis programming at the Flamingo
Park Tennis Center.
tCxiii. .. . _ ' � ;ST^r�i-+aL•" i: :_: _. .W154idfxIx1iC�i :-
Oct.20,2021-Sept.30,2022 0 12 Months
r�fiu d3iiui?Ct ... . ._ .
Grant Funded: Yes X No State Federal Other:
GY�G s ._: r,C 1 Ja - _ _ .:
1 $125,000.00 011-0948-000312-28-406-545-00-00-00- Yes No
2 Yes No
3 Yes No
4 Yes No
5 Yes No
1.For contracts longer than five years,contact the Procurement Department. 2.Attach any supporting explanation needed.
3.Budget approval indicates approval for current fiscal year only.Future years are subject to City Commission approval of
annual adopted operating budget.
City Commission Approved: X Yes No Resolution No.: CC Agenda Item No.: CC Meeting Date:
2022-32146 C7Q 5/4/2022
If no,explain why CC approval is not required:
Legal Form Approved: X Yes I No If no,explain below why form approval is not necessary:
u Cl � Fti7r7>Jl r7s ` i
Procurement: N/A Grants: N/A
Budget:(-.. Addi ti ona r°-.. , Information Technology: N/A
F? 1 $75k i n t rr"'Ll" °51""A
Risk Managemenall-0948 N/A Fleet&Facilities: N/A
-000312
Human Resources: ,,. . Other:
... alfiw
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1 y °x�� TY°T�a ple f?LLHI: eo t - [ove h`e
1. Every field must be completed.If requested information is not applicable,enter NA.
2. It is advisable to confirm authority to sign,funding/account information,risk management compliance,and
controlled purchases(IT or fleet/facilities)with the appropriate department prior to routing a document.
3. Attach all supporting documentation(e.g.,resolutions,commission memorandums,etc.)when routing.
4. When creating workflow in DocuSign,in addition to the department head and applicable assistant/deputy city
manager,make sure the individuals(or designees)indicated in the Required Compliance Approvals section
below are included in the approval path.Note that compliance approvers must approve prior to ACM.
5. The City Manager does not need to sign the coversheet.
6. If you have any questions,contact the Procurement Department.{
When routing documents for approval by the city manager,in addition to the department head and applicable city
manager, make sure the following individuals (or designees)are included in the approval path depending on each
contract type.
Type 1—Contract,amendment or task order for the purchase for the purchase of goods or services resulting from
competitive solicitation.
• Procurement(Alex Denis)
• Budget(Tameka Otto Stewart)
• Grants(Judy Hoanshelt)—if the purchase is grant funded
• Controlled purchases—
o Facilities and Fleet(Adrian Morales)—if the purchase involves a facilities or vehicle item
o Information Technology(Frank Quintana)—if the purchase involves a technology item
Type 2—Other contract or amendment for the purchase of goods or services not resulting from a procurement-
issued competitive solicitation.
• Procurement(Alex Denis)
• Budget(Tameka Otto Stewart).
• Risk Management(Sonia Bridges)
• Grants(Judy Hoanshelt)—if the purchase is grant funded
• Controlled purchases—
o Facilities and Fleet(Adrian Morales)—if the purchase involves a facilities or vehicle item
o Information Technology(Frank Quintana)—if the purchase involves a technology item
Type 3—Independent Contractor Agreements
• Human Resources Director
Type 4—Grant agreements when City recipient
• Grants(Judy Hoanshelt)
Type 5—Grant agreements when City grantor
• As appropriate depending on grant type
Type 6—Tenant agreements
• Facilities and Fleet(Adrian Morales)
Type 7—Inter-governmental agency agreement
• Marcia Montserrat
Any other type:Contact the Procurement Department for assistance.
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RESOLUTION NO. 2022-3214.E
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING AMENDMENT NO. 1 TO THE
INDEPENDENT CONTRACTOR AGREEMENTS BETWEEN (1)
THE CITY AND MR. MANUEL CASTILLO; AND (2) THE CITY AND MR.
DELIO PACIFIC!, WITH THE TOTAL AMOUNT AUTHORIZED FOR EACH
AGREEMENT NOT TO EXCEED $125,000.00 DURING FY 2021-2022, FOR
PROFESSIONAL TENNIS INSTRUCTION SERVICES AT FLAMINGO PARK
TENNIS CENTER.
WHEREAS, Mr. Manuel Castillo and Mr. Delio Pacifica are current professional tennis
instructors providing services at the Flamingo Park Tennis Center (the "Center) through
Independent Contractor Agreements with the City (Exhibit A and Exhibit B); and
WHEREAS, as part of each agreement,.the tennis instructors receive a percentage of
the generated revenues for lessons and programming (lessons: 63% - tennis instructor/ 37%
. City and programming: 50%-tennis instructor/50% City); and
WHEREAS, both of these instructors are two of the highest producing contracted
professional instructors at the Center, providing more tennis lessons and servicing more tennis
programs than the other tennis instructors at the Center; and
WHEREAS, their production levels contribute to the revenue that is generated at the
Flamingo Park Tennis Center; and
WHEREAS, projections have each of the Contractors exceeding $100,000.00, which
requires City Commission approval, the Parks and Recreation Department (the "Department")
recommends amending each of the Independent Contractor Agreements to increase the not to
exceed Amendments as follows:
• Mr. Manuel Castillo
o Changing the "not to exceed amount" in Section 2 of the Agreement from
$50,000.00 to$125,000.00
• Mr. Dello Pacifici
o Changing the "not to exceed amount" in Section 2 of the Agreement from
$50,000.00 to$125,000.00;.and
WHEREAS, this increase has no impact to the budget, as the Department has
funds dedicated to pay these instructors from the revenues generated via their services.
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 approve Amendment No. 1 to the Independent Contractor Agreements for between
the City and Mr. Manuel Castillo and the City and Mr. Delio Pacifici, with the total amount
authorized not to exceed $125,000.00 for each Independent Contractor Agreement during FY
2021-2022, for Professional Tennis Instruction Services at Flamingo Park Tennis Center.
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PASSED AND ADOPTED this day of Pa 2022.
• ATTEST:
NAY 1 0 2022
• RAFAEL E. GRANADO, CITY CLERK DAN GELBER, MAYOR
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CItyAftorneyi9 Date
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Resolutions-C7 Q
MIAMI BEACH •
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Alin"T.Hudak, City Manager -
DATE: May 4,2022
SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, APPROVING AMENDMENT NO. 1 TO THE
INDEPENDENT CONTRACTOR AGREEMENTS BETWEEN (1) THE CITY
AND MR. MANUEL CASTILLO; AND (2) THE CITY AND MR. DELIO
PACIFIC!, WITH THE TOTAL AMOUNT AUTHORIZED FOR EACH
AGREEMENT NOT TO EXCEED $125,000.00 DURING FY 2021-2022, FOR
PROFESSIONAL TENNIS INSTRUCTION SERVICES AT FLAMINGO PARK
TENNIS CENTER.
RECOMMENDATION
Approve Amendment No. 1 to the Independent Contractor Agreements for Mr. Manuel Castillo
and Mr. Delia Pacifici not to exceed $125,000.00 each during FY 2021-2022, for professional
tennis instruction services at Flamingo Park Tennis Center.
BACKGROUND/HISTORY V ,,
Mr. Manuel Castillo and Mr.Delio Pacifici are current professional tennis instructors employed at
the Flamingo Park Tennis Center(the "Center") through Independent Contractor Agreements
(Exhibit A and Exhibit B).
As part of their agreement,the tennis instructors receive a revenue split shared with the City for
lessons and programming(lessons:63%-tennis instructor/37% City and programming:50%-
tennis instructor / 50% City). Both of these instructors are two of the highest producing
contracted professional instructors at the Center. They are performing at a higher level,
providing more tennis lessons and servicing more tennis programs than the other tennis
instructors at the Center. Their production levels contribute to the revenue that is generated at
the Flamingo Park Tennis Center.
ANALYSIS
Projections have each of the Contactors exceeding $100,000.00, which requires City
Commission approval.
With approval from the City Commission, the Parks and Recreation Department (the
"Department) will work with the City Attorneys Office to issue an amendment to each of the
current Independent Contractor Agreements with the following change:
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• Mr.Manuel Castillo
• o Changing the "not to exceed amount" in Section 2 of the Agreement from
$50,000.00 to$125,000.00
• Mr. Dello Pacifici
G Changing the "not to exceed amount" in Section 2 of the Agreement from
$50,000.00 to$125,000.00
This increase has no impact to the budget,as the Department has funds dedicated to pay these
instructors.
SUPPORTING SURVEY DATA
N/A
FINANCIAL INFORMATION
N/A
Amount(s)IAccount(s):
N/A •
Applicable Area
Not Applicable
Is this a"Residents Right Does this item utilize G.O.,
to Know"Item.pursuant to Bond Funds?
City Code Section 2-14?
No No
Strategic Connection
Non-Applicable -• 0 •
Legislative Tracking
Parks and Recreation
ATTACHMENTS:
Description
o Exhibit A-Manuel Castillo FY 22 Independent Contractor Agreement
o Exhibit B-Delio Pacifici FY 22 Independent Contractor Agreement
o Resolution
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CONTRACTOR AGREEMENT
INDEPENDENT
• 11�
•
This Agreement is entered into on this 20 day of QC4Ae( ,20 Zen
• Manuel Casttlo rContracto?),and the City of Miami Beach. Florida(the°City),for a
period of 12 neuters with an effective starting data of October 1.2021,and an end date of•
September 30.2022(the°Tema').
1. Design of Servicesi
Contractor will provide the services described in Exhibit°A'hereto(the'Services').
•
Although Contractor may receive a schedule of the available hours to provide its Services,•
the City shall not control nor have the right to control the hours of the Services performed by
the Contractor;where the Services are performed(although the City will provide 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 in accordance with the terms and conditions set forth in Exhibit°A'hereto,and
performed 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 •
Pauklimuont@rniamibeachfl.gov
f
In consideration of the Services to be provided pursuant to this Agreement,the City agrees
to pay Contractor a fee,not to exceed the amount of$50,000.00(the°Fee°),which shall be
paid as described In Exhibit`B°hereto.
The Contractor shall issue invoices to the City pursuant to the mutual agreement of the
parties and pursuant to the Fee Schedule set forth in Exhibit`8°hereto upon receipt of an
acceptable and approved invoice.The City shall remit payment to the Contractor within 45
days of receiving an invoice from the Contractor for that portion(or those portions)of the
Services satisfactorily rendered(and referred to in the particular invoice).
3. Tin.
This Agreement may be terminated by either party.with or without cause.by giving written
notice to the other party of such termination.which shall become effective upon fourteen
(14) days following receipt by the other party of the written tlermination notice.
• Notwithstanding the foregoing,in the event of a public health.welfare areafety concern,as
determined by the City Manager,In the City Manager's sole discretion.the City Manager,
pursuant to a verbal or written notification to Contractor, may immediately suspend the
Services under this Agreement for a time certain, or in the alternative, terminate this
. Agreement on a given date. In the event of termination pursuant to this section, the
Contractor shall be paid a sum equal to all payments due to hlmlher up to the date of
termination;provided Contractor is continuing to satisfactorily perform all Services up to the
date of termination. Thereafter.the City shall be fully discharged from any further liabilities,
duties,and terms arising out of.or by virtue of.this Agreement.
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4. hnlaggnificalEonMold Harmless.
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Contractoragrees to indemnify,defend,and hold harmless the City of Miami Beach and Its
officers,employees and agents,from and against any end all actions.clatms.ltabiates,
tosses and expenses including,but not limited to,attomey's fees,for personal economic or
bodily injury,wrongtill death,loss of or damage to properly,at law or in equity,which may
arise or be alleged to have arisen from the negligent acts or omissions or other wmngful
conduct of Contractor,and/or any and ail moors,employees.agents.or any other
person or entity acting under Contractor's control, in connection with the Conitredor's
performance of the services pursuant to this Agreement Contractor shall pay all such
claims and losses and shall pay all costs end judgments,which may arise from any lawsuit
arising from such claims and losses,and shaft pay all costs and attomey's Bees expended
by the City in defense of such claims and losses,Including appeals.
The parties agree that one percent(1%) of the total compensation to Contractor for
Cityperformance of the Services undertNsAgreementis dre.,spedffo
from the
to Contractor for the Contractor's agreement to indemnify and hold�armless
provided herein. Contractor and the City hereby agree and acknowledge thatthls indemnity
prevision Is Intended to and shall survive the termination(or earlier expiration)of this
Agreement.
5. Lbnitatfon of Liability/ ! '
The City desires to enterinto this Agreement only If in so doing the City can place a limit on
City's liability for any cause of action for money damages due to an alleged breach by the
City of thtsAgreement,so that its liability for any such breach never exceeds the sum of the
compensatian/fee to be paid to Contractor pursuant to this Agreement,less any amounts
actually paid by the City as of the date of the alleged breach. Conductor hereby e
hislherwillingness to enter Into this Agreement with Contractors recovery from the City for
any damage action for breath of contract to be limited to a magnum amount equal to the
compensetionffee to be paid to Contractor pursuant to this Agreement,less any amounts
o s actually paid by the City es of the date of the alleged breach. e o
Accordingly,and notwithstanding any other term or condition of this Agreement,Contractor
hereby agrees that the City shall not be liable to Contractor for damages in the amount In
excess of the compensetiardfee to be paid to Conductor pursuant to this Agreement,less
any amounts actually paid by the City es of the date of the alleged breach,for any action or
claim for breech of contract arising out of the performance or non-prerfomance 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 walverof the limitation placed upon City's liability asset Borth in Section 788.28,Fladda
Statutes.
8. Notices.
All notices and communications In writing required or permitted hereunder may be
delivered personally to the representatives of the Contractor and the City listed below or
may be melted 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:
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CONTRACTOR: Manuel Castillo
1420 NE Miami Place,#203
i • Miami,FL,33132 •
(786)205.6793 •
•
CITY: John Reber
City of Miami Beach •
Parks end Recreation
1700 Convention Center Drive
Miami Beach,FL 33139
(305)673-7000
Notice shall be deemed given on the date of an acknowledged receipt,and.bh all other
cases.on the date of receipt or refusal.
7. Venue,
This Agreement shall be governed by,and construed in accordance with,the laws of the
• State of Florida,both substantive and remedial,without regard to principles of conflict of
laws. The exclusive venue for any litigation arising out of this Agreement shall be
Miami-Dade County,Florida,if in state court,and the U.S. District Court:Southern District
of Florida, if hi federal court BY ENTERING INTO THIS AGREEMENT. CITY AND •
CONTRACTOR 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.
8. fluty of Canr/Conjpllance with Malleable tonvelConft[ct Of Interest
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 aneor•r3cognized professionals wtfhrespect to the performance of
comparable .
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
federai government Without limiting the foregoing,Contractor herein agrees to adhere to
and be governed by all applicable Miami-Dade County Conflict of interest Orduerroesehd
ethics provisions.as set forth in the Miami-Dade County Code,and 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 am incorporated herein by referenced.as if fully set forth
rein.
Contractor covenants that it presently has no interest and shall not acquire any interest,
direct or indirectly which should conflict In any manner or degree with the performance ance of
the Services. Contuactorfurthercovenants that In the perforranceofServices under this
Agreement, no person having any such interest shall knowingly be employed by the
Contractor. Notwithstanding the foregoing.Contractor shall be able to provide similar
services to other third parties as long as they do not conflict with the Services to be
provided hereunder.No member of or delegate to the Congress of the United States shall
be admitted to any sham or part of this Agreement or to any benefits arising therefrom.
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9. ?to Discrietbudlgnk I I
In connection with the performance of the Services,the Contactor shall notexclude from
participation in,deny the benefits of,orsub)ect to discrimination anyone on the grounds of
••
mice.colon national origin,sex,age,disability.religion.Income or family status.
•
Additionally,Contractor shall comply with City of Miami Beach Human Rights Ordinance.
codffled in Chapter62 ditto City Code,as may be amended from time to time.prohibiting -•
discrimination in employment,housing,public accommodations,or publlcservioes,on the
basis of actual or perceived race,color,nafronal origin,religion,sex,intersexuality,sexual
orientation, gender identity, farrctifal and marital status, age, ancestry. height, weight.
domestic partner status, labor organization membership. familial situation, political
affiliation,or disability.
10. 'Florida Public Records t.aw.
(A) Contractor shall comply with Florida Public Records law under Chapter 119,Florida
Statutes,as may be amended from time to time. .
(B) The temi°public records°shall have the meaning set forth in Section 119.011(12),
which means ail documents. papers, fetters. 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 orordinance or in connection with the transaction of official business
of the City.
(C) Pursuant to Section 119.0701 of the Florida Statutes,if the Contractor meets the
definition of°Contractor'as defined in Section 119.0701(1 Xa).the Contractor shall:
(1) Keep and maintain public records required by the City to perform the
service;
..•(2) Upon request from the City's custodian41:public records,provide the City o- •
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 Contractororkeep 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
shaft destroy any duplicate public records that are exemptor confidential and
exempt from public records disclosure requirements.lithe Contractor keeps '
and maintains public records upon completion of the Agreement. the
Contractor shall meet all applicable requirements for retaining public
records.Ail records stored electronically must be pravd to the City.upon
request from the Otis custodian of public records. In a format that is
compatible with the information technology systems of the City.
(C) REQUEST FOR RECORDS;NONCOMPLIANCE.
(1) A request to inspect or copy public records relating to the City's contract for
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• services must be made directly to the City.If the City does not possess the
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requested records, the City shall immediately notify the Contractor of the
request,and the Contractor must provide the records to the City or altow 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 the 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.
(D) CML ACTION.
(1) If a civic 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's fees,it:
(a) The court determines that the Contractor unlawfully refused to comply
with the public records request within a reasonable lime:and
(b) At least eight (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 Rh;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 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 eight(8)
business days after the notice is sent Is not liable for the reasonable costs of
o - enforcement: , .• A •.-
(E) 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: CITY CLERK •
1700 CONVENTION CENTER DRIVE
MIAMi BEACH, FLORIDA 33139
E-MAIL: RAFAELGRANADOOMIAMIBEACHFL.GOV
PHONE: 305-673-7411
11. Ownership of Documents/Patents and Copyrights.
Any and all documents prepared by Contractor pursuant to this Agreement are related
exclusively to the Services described herein shalt be deemed to be a`work made for hire,
and are intended or represented for ownership by the City: Any re-use distribution, or
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dissemination of same by Contractor.atherthan to the City,shall tbst be approved in writing
by the City Manager,which approval,if granted at all,shall be at the City Manager's sole
• and absolute discretion.
Any patentable and/or copyrightable result arising out of this Agreement,as well as all
information,specifications,processes,data and findings,are hereby assigned to the City,
in perpetuity,for public use.•
No reports,other documents,articles or devices produced in whole or in part under this
Agreement shall be the subjeot of any application for patent or copyright by or on behalf of
the Contractor(or its employees or subcontractors. (if any)without the prior written
consent of the City Manager,which consent sent,if given at all,shall be at the Manager's sole
and absolute discretion.
12. Liability for Rent.Similes,EnulomanL Etc.
Contractor shall provide all funds necessary to pay all debts, disbursements. and
expenses incurred in connection with its performance of the Services hereunder,and shall
not be entitled to any reimbursement from the City unless otherwise agreed to by the City.
it will also provide air supplies and equipment necessary to provide such Services. If
Contractor uses any of the City's facilities.supplies,or equipment to furnish the Serotoes
• hereunder,Contractor shall pay the City(or such amount shall be deducted from the Fee
set forth in Section 2)an amount as mutually agreed by the parties.
13. Liability for Sub-contractors.
Contractor shall be liable for its Services. responsibilities and liabilities under this
Agreement and the costs,services,responsibilities and liabilities of any sub-contractors(if
any),and any other parson or entity acting under the direction or control of Contractor(if
any). In this regard,Contractor must furnish the City with ail information relating to the
subcontractors which Is requested by the City.When the term°Contractor"is used in this
Agreement.It shrill le deemed to include any sub-contr brs(If any)'and/or any other i Q
' parson or entity acting under the direction or control of Contractor(If any).All sub-
contractors(If any)must be disclosed in writing to the City prior to their engagement by
Contractor. •
14. lndeaendent Contractor/No Joint Ventura.
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 GENERALLYAFFORDED 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.orotaerwtse 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
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. i
•
•
not limited to,for purposes of the Federal Insurance Contribution Act.the Social Security
Act,the 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,
toss,damages oreognenses(including but not limited to taxes,accounting fees,court ants.
• and attomey's fees at ail levels of litigation)In the event of any determination to the contrary
by any court of competent jurisdic tion crgorerunentat authority.The Contractor recognivas - j
and understands that ft will receive an Internal Revenue Service Form 1099 statamentand
related tax statements,and will be required to file co poste endlorindividu al tax returns and
to pay taxes in accordance with all provisions of applicable Federal and state law. The•
Contractor hereby promises and agrees to indemnify the City farany damages orexpenses.
including attomey's gees, and legal expenses, incurred by the City as a result of the
Contractor's failure to make such required payments.
Except as otherwise expressly provided in the Agreement,the Contractor shall in no way
hold itself out as an employee,dependentagent,or other servant of the City.Its employees
or other agents,or as other than a free agent with respect to the City.The Contractor is not
granted.shall not have,and acknowledges the absence of any right orautharity to assume
or create anyoblgations or responsibility,express or implied,on behalf of or in the name of
the City or to bind the latter in any matter or thing whatsoever.
15. Purchase Order Reacukement
This Agreement shall not be effective until executed by the parties hereto and until the City
has issued a Purchase Order for this Agreement
•
16. force Maleure.
(A) A °Force Majeure° event Is an event that (I) in fact causes a delay in the
performance of the Contractor or the City's obligations under the Agreement.and(n)
• A- Is beyond the reasonable confrorof such hefty unable to perform the obligation.and ° .�
(ili)is not due to an Intentional act error.omission,or negligence of such party,and
(iv)could not have reasonably been foreseen and prepared for by suc h party at any
time prior to the occurrence of the event Subject to the foregoing criteria, Force
• Majeure may include events such as war,civil insurrection,riot,fires,epidemics,
pandemics, terrorism, sabotage, explosions, embargo restrictions, quarantine
restrictions, transportation accidents, strikes, strong hurricanes or tornadoes,
earthquakes,or other acts of God which prevent performance.Force Majewe shall
not include technological impossibility,inclement weather,or fatiuue to secure any of
the required permits pursuant to the Agreement
(B) If the City or Contractor's performance of its contractual obligations Is prevented or
delayed by an event believed by to be Force Majeure,such party stall immediately,
upon learning of the occurrence of the event or of the commencement of any such
delay.but in any case within fifteen(15)business days thereof,provide notice:(I)of
the occurrence of event of Force Majeure,(II)of the nature of the event and the
cause thereof,(nl)of the anticipated Impact on the Agreement,(iv)of the anticipated
period of the delay,and(v)of what course of action such party plans to take in order •
to mitigate the detrimental effects of the event.The timely delivery of the notice of
the occurrence of a Force Majeure event is a condition precedent to allowance of
any relief pursuant to this section; however, receipt of such notice shall not
constitute acceptance that the event claimed to be a Force Majeure event is in fact
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Fame Majeure.and the burden of pmof of the occurrence of a Force Majeure event
•
shall be an the requesting party
•
(C) No party hereto shall be liable for Its failure to carry out its obligations under the
Agreementduring a period when such party is rendered unable,In whole or in part, •
• by Force Majeure to carry out such obligations. The sin of any of the
obligations under this Agreement due to a Force Majeure event shall be of no
greater scope and no longer duration than is required. The party shall use its
•
reasonable bestefforts to continue to perform its obligations hereunder to the extent
such obligations am not affected or are only partially affected by the Fome Majeure
•
•
event, and to correct or cure the event or condition excusing performance end
otherwise to remedy its inability to perform to the extent its iabtifiy to perform is the
direct result of the Force Majeure event with all reasonable dispatch.
• (D) Obligations pursuant to the Agreement that arose before the coommutee of a Force
Majeure event,causing the suspension of performance,shaft not be excused as a
result of such ocarnence unless such occurrence makes such performance not
reasonably possible. The obligation pay
of a F in a �oroe Malmo'manner event obligations
and liabilities which matured the
not be subject to the Force Majeure provisions.
(E) Notwithstanding any other provision to the contrary herein,In the event of a Force
Majeure occurrence, the City may, at the sole discretion of the City Manager,
suspend the City's payment obligations under the Agreement,and may take such
action without regard to the notice requirements herein. Additionally,in the event
that an event of Force Majeure delays a party's performance under the Agreement
fora time period greater than thirty(30)days,the City may,at the sole discretion of
the City Manager,terminate theAgreementon a given date,bygiving written notice
to Contractor of such termination. If the Agreement is temdnated pursuant to this
section,Contractor shall be paid for any Services satisfactorily performed up to the
date of termination;following which the City shall be discharged from any and all
debilities.duties,an&terms arising out of,or by virtue of.this Agreementt:•In no •
event will any condition of Force Majeure extend this Agreement beyond Its stated
Term.
17. Asslanment,
Contractor slant not assign ail or any portion of this Agreement without the prior written
themeCity ,and it is agreed thatsaid consent must be sougthttn writing by
sixtyContracto (60)days prior to the date of any proposed assignment
18. Audit and imam Records.
Contractor shall permit the authorized representatives of the City to Inspect and audit ail
data and records of the Contractor,if any.relating to performance under this Agreement
until the expiration of three years after final payment under this Agreement.
Contrac forfurtlreragrees to include in all hlsihersuboahbacts hereundera provision to the
effect that the subcontractor agrees that the City or any of their duly authorized
representatives shall, until the expiration of three years after final payment to the sub-
contractor, have access to and the right to examine any directly pertinent books.
documents.papers and records of such sub-contractor,involving transactions related to the
subcontractor.
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19. Insnector General Audit Rfmlda•
(A) Pursuant to Section 2-256 of the Code of the City of Miami Beach. the City has
• established the Office of the Inspector General which may.on a random basis. •
•
• perform reviews, audits. Inspections and Investigations on all City contracts.
throughout the duration of said contracts. This random audit is separate and defunct
•
•
from any other audit performed by or on behalf of the City.
(B) The Office of the inspector General is authorized to invesUgaatie City affairs and
empowered to review past,present and proposed City programs,accounts,records. •
•
contracts and transactions. In addition, the inspector General has the power to
• subpoena witnesses, administer oaths, require the production of witness and •
monitor City projects and programs.MonitoringofanmdstingCityprojectorprogram
may include a report concerning whether the project is an time,within budgetand in
conformance with the contract documents and applicable law. The Inspector •
General shall have the power to audit Investigate,monitor,oversee.inspect and
review operations,activities,performance and procurement process including but
not limited to project design.bid specifications,(bidprcposal)submittats.activities of
the Contractor,lb officers,agents and employees.lobbyists.City staff and elected
officials to ensure compliance with the contract documents and to detect fraud and •
•
corruption. Pursuant to Section 2-378 of the City Code,the City is allocating a
percentage of its overall annual contract expenditures to fund the activities and
operations of the Office of Inspector General.
(C) Upon ten(10)days written notice to the Contractor.the Contractor shall make all
requested records and documents available to the Inspector General for inspection
and copying. The Inspector General Is empowered to retain the services of
independent private sector auditors to audit.investigate,monitor,oversee,inspect
aliellevievnlierations ate.performance and procurement pmocess•including
• but not limited to project design, bid specifcations,.(btdtproposal) submittals.
activities of the Contractor.its officers,agents and employees,lobbyists,City staff
and elected officials to ensure complancewith the contract documents and todetect
fraud and corruption.
(D) The inspector General shall have the right to inspect and copy all documents end
records in the Contractors possession,custody or control which in the Inspector
General's misjudgment.pertain to performance of the contract including,but not
limited to original estimate files,change order esti ate tiles.worksheets,proposals
and agreements from and with successful subcontractors and suppliers,all project-
related correspondence,memoranda,Instructions.elandiaf douments construction
documents.(bfdlproposal)and contract documents.back-change documents.all
documents and records which involve cash.trade or volume discounts,insurance
proceeds. rebates, or dividends received, payroll and personnel records and •
supporting documentation for the aforesaid documents and records.
(E) The Contractor shall make available at its office at all reasonable times the records,
materials, and other evidence regarding the acquisition (bid preparation) and
performance of this Agreement for examination.audit.or reproduction.until three
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(3)years afterilnal payment under this Agreement or for any longer period required•
by statute or by other clauses of this Agreement In addition:
(1) if this Agreement is completely orpartialiy terminated,the Contractor shall
•
make available records relating to the work terminated unlit three(3)years
alter any resulting final termination settlement and
(2) The Contractor shall make available records relating to appeals or to
litigation or the settlement of claims arising under or relating to this
Agreement until such appeals,litigation,or claims are finally resolved.
•
(F) The provisions In this section shall apply to the Contractor, Its officers,agents,
employees, subcontractors and suppliers. The Contractor shalt Incorporate the
provisions in this section in all subcontracts and all other agreements executed by
the Contractor in connection with the performance of this Agreement
(G) Nothing in this section shall impair any independent right to the City to conduct
audits or Investigative activities.The provisions of this section are neither intended
nor shall they be construed to impose any liability on the City by the Contractor or
• third parties.
20. ,E-Verlfv,
(A) To the extent that Contractor provides labor, supplies, or services under this
Agreement, Contractor shall comply with Section 448.095, Florida Statutes,
°Employment Eliglbiltf(°E-Verify Statute°),as maybe amended from time to time.
Pursuant to the E-Verity Statute,commencing on January 1,2021,Contractor shelf
mister with and use the E-Verify system to verify thework authorization stale old
newly hired employees drhl ng the Term of the Agreement Additionally,Contractor
shall expressly require any subcontractor performing work or providing services
o ,•• pursuant to the Agreement to lik wise utitin the U.S.Department of Homeland J.�
Security's E Verify system to verify the employmentelgibitity of all new employees
hired by the subcontractor during the contract Tear. If Contractor enters Into a
contract with an approved subcontractor, the subcontractor must provide the
Contractorwith an affidavit staling that the subcontractor does not employ,contract
with,or subcontract with an unauthorized alien. Contractor shall maintain a copy of
such affidavit for the duration of the subcontract or such other extended period as II
may be required under this Agreement.
(B) TERMINATION RIGHTS.
(1) If the City has a good faith belief that Contractor has knowingly violated
Section 448.09(1).Florida Statutes,the City shall terminate this Agreement
with Contractor for cause, and the City shall thereafter have or owe no
further obtlgatton or liability to Contactor.
(2) Itthe City has a good faith beliefthata subcontractor has knowingly violated
the foregoing Subsection 20(A),but the Contractor otherwise complied with
such subsection,the City will promptly notify the Contractor and order the
Contractor to immediately terminate the contract watt the subcontractor.
Contractor's failure to terminate a subcontractor shall be an event of default
under this Agreement entitling City to terminate the Contractor's contract for
cause. •
(3) A contract terminated under the fo Subsection(B)(1)0r(8X2)is not
In breach of contract and may not be considered as such.
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•
(4) The City or Contractor era subcontractor may file an action with the Circuit
• or County Court to challenge a termination under the foregoing Subsection
(B)(1)or(BX2)no later than 20 calendar days after the date an which the
•
contract was terminated.
• (5) If the City terminates the Agreement with Contractor under the foregoing
••
Subsection(B)(1),Contractor may not be awarded a public contract for at
least 1 year after the date of termination of this Agreement
(6) Contractor is liable for any additional costs incurred by the City as a•resutt of
••
• the termination of this Agreement under this Section 20.
21. Waiver of Breach.
A partys failure to enforce any provision of this Agreement shall not be deemed a waiver of
such provision or modification of this Agreement A party's waiver of any breach of a
provision of this Agreement shall not be deemed a waiver of any subsequent breach and
shall not be construed to be a modification of the terms of this Agreement.
22. Severance.
In the event this Agreement or a portion of this Agreement is found by a court of competent
jurisdiction to be invalid,the remaining provisions shall continue to be effective unless City
elects to terminate this Agreement
23. iotntPnesa rattan,
The perdue hereto acknowledge that they have sought and received whatever competent
advice and counsel as was necessary for them to form a Nil and complete understanding of
all rights and obligations herein and that the preparation of this Agreement has been a joint
effort of the parties,the language has been agreed to by parties to express their mutual
intent and the resulting document shall not solely as a matter of judicial construction,be
construed more severely against one of the parties than the other.
11• o -.• C :•
24. Mutual cooperation.
Contractor recognizes that the performance of this Agreementis essential to the provision of
vital public services and the accomplishment of the stated goals and mission of the City.
Therefore,the Contractor shall be responsible to maintain a cooperative and good faith
attitude in ail relations with the City and shall actively fostera public Image of mutual benefit
to both parties. The Contractor shall not make any statements or take any actions
debimentat to this effort
2S. gngret Agreement. •
This writing and any exhIbitsand/orattechments incorporated(and/orotherwlse referenced
for incorporation herein)embody the Mire agreement and understanding between the
parties hereto,and there are no other agreements and understandings,oral or written.with
reference to the subject matter hereof that are not merged herein and superseded hereby.
26. Background Check Reauitem nt.
In a000rdancewith Sections 043.0542.984.01,39.001 and 1012.465,Florida Statutes and
Chapters 430, 435, and 402, Florida Statutes, as applicable, employees, volunteers.
contractors,and subcontracted personnel who work in direct contact with children or who
Page 11 of 15
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• come into direct contact with children must complete a satisfactory Level 2 background
screening prior to commencing work pursuant to this Agreement
Level 2 Badcgmund screenings must be completed through the City of Miami Beach.
• Human Resources Department Contractor agrees to complete Level 2 Background
•
screening ng prior to irdtiating any work related to this Agreement•
THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK.
•
•
•
{
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IN WITNESS WHEREOF, the parties-hereto have caused these presents to be
executed by the respective officials thereunto duly authorized,this date and year first above
written.
• FOR CITY: CITY OF MIAMI BEACH. FLORIDA -
ATTEST:
By: ✓ J .
/44
CI! Clerk City Manager
•
Date: DEC 1 3 2011
FOR CONTRACTOR: . 'MAIVUEL CASTILLO
WITNESS:
By:
/ (41.,A
0.4 Signature Paul Di Muont Pt 4 IA �11(/
U /6
Print Name Print Name
•
Date: 10/20/21
Approved: Approved as to form&language&
for execution.
fy'� 11/5/2021 18:02 AM EDT ` ;f tO \4fr.
Department Director city •
Attorney'K Date
lro J1/9/2021 I 7:46 AM EST `i'
Office of Budget and Performance Improvement
11/23/2021 I 3:20 PM EST
Human Resources
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• Exhibit A
•
pesaloiton of Services
•
•
1. The Contractor shall establish and administer tennis programming for the Patrons at the
following facility:
a. Flamingo Park Tennis Center(the°Center°)(999111h Street,Miami Beach,
FL 33139)
b. Working hours range from 7:30 a.m.to 10:00 p.m.
2. Contractor shall perform the following tennis programming at the Center during facility
operating hours eillumiis•Programming" :
a. Private Tennis Lessons
b. Youth Programming •
c. Adult Programming
d. Summer Camp Programming
e. CIcs •
f. Racquet Stringing
3. During the Term,Contractor is not permitted to perform Tennis Programming outside ofthe
Center including,without limitation.at the following locations:
a. Palm Island
b. Miami Beach Golf Course
c. Polo Park
d. Fairway Park
e. Nomrandy Shores Golf Course •
4. During the Term,Contractor must have a Business Tax Receipt and current cerbVcation
from the United States Professional Tennis Association or Professional Tennis Registry.
5. The contractor during the months of(November—April)to offer a minimum of eight(8)
hours of City Tennis Programming per week, during the months of (October. May-
September) to offer a minimum of sec(6)hours of City Tennis Programing per week,
exclusive of Private Tennis Lessons. If Contractor falls to provide this minimum level of
service,the City reserves the right to terminate the Agreement,without providing Contractor •
with the opportunity to cure the default,upon providing Contractor with written notice of
temtlnation.
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Exhibit B
Egq
•
The city agrees to pay the Contractor as follows:
The City shall pay Contractor a total fee in the amount not to exceed$50.000.00 during
the life of the Agreement:
• $10 for every racquet stringing
• $50 for every 1-hour lesson
• $$0 for every 1-hour clinic
• $75 for every 1.5-hour dtrdc
• $100 for every 2-hour dinic
• $70 for half day of Summer Camp
• $140 for foil day of Summer Camp
The Contractor shall issue invoices to the City no later than 15 days following services
• rendered.City shall remit payment to the Contractor within 45 days of receiving an invoice
from the Contactarforthatportion(orthoseportians)oftheServicessatisfactorily/rendered
(and referred to in the particular invoice).
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M I AM I B EAC HC° �° t, ER� � o .
S r m ^ <Y N et
!'.s.di; .:":•i.:_S ... ..'��.,i.'rd Ir _. _.ti._____ ..._ —._,�.�'.. .�.k._..•b ?'.#`w °:' w�F 2 •r E tv.�`'+�w• 'uC .�.�•rai .r_ ti:_�
Amendment No.1-Delio Pacifici(FY 22 Independent Contractor Agreement)
cunt oP r 4 Qe.•::1 en' _ _."_._ :
Dello Pacifici Parks and Recreation
,- .�
John Rebar, EC, , (L Mark Taxis, �n
Type 1-Contract,amendment,change order or task order resulting from a procurement-issued competitive solicitation.
Type 2-Other contract,amendment,change order or task order not resulting from a procurement-issued competitive solicitation.
X Type 3-Independent Contractor Agreement(ICA) Type 6-Tenant Agreement
Type 4-Grant agreements with the City as the recipient Type 7-Inter-governmental agency agreement
Type 5-Grant agreements with the City as the grantor Other:
I t� r�.CCU!sa I i ti�i t e_ f'rcrGr.^L 41)__ --- --- ,
This is Amendment No.1 for FY 22 Independent Contractor Agreement for Delio Pacifici.The Amendment is necessary to
increase the Fee from$50,000 to an amount not to exceed$125,000. This was approved by the City Commission via
Resolution No.2022-32146 passed on May 4,2022.The agreement is to administer tennis programming at the Flamingo
Park Tennis Center.
.° ;F�i"F1`1 ` _i3f-td;:l7 _ _ ._ ckl ibtui( ..iC�,.1G• ..4aa ritil -
Oct.20,2021-Sept.30,2022 0 12 Months
Itiaref viirti L
Grant Funded: Yes X No State Federal Other:
• 1 I A
1 $125,000.00 011-0948-000312-28-406-545-00-00-00- Yes No
2 Yes No
3 Yes No
4 Yes No
5 Yes No
1.For contracts longer than five years,contact the Procurement Department. 2.Attach any supporting explanation needed.
3. Budget approval indicates approval for current fiscal year only.Future years are subject to City Commission approval of
annual adopted operating budget.
—_ r t l_tu�7ue%sue=
City Commission Approved: X Yes No Resolution No.: CC Agenda Item No.: CC Meeting Date:
2022-32146 C7Q 5/4/2022
If no,explain why CC approval is not required:
Legal Form Approved: X Yes No If no,explain below why form approval is not necessary:
Procurement: N/A Grants: N/A
Budget: Addi ti ona «.e.... Information Technology: N/A
LP 1 $7 5 k in I rd.411.%vtJe Stuvart
Risk Managemer011-0948 N/A Fleet&Facilities: N/A
-000312
Human Resources: .,,..„ Other:
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DocuSign Envelope ID:AB3021 F7-1340-4642-92BB-AF904F2CDE59
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1. Every field must be completed.If requested information is not applicable,enter NA.
2. It is advisable to confirm authority to sign,funding/account information,risk management compliance,and
controlled purchases(IT or fleet/facilities)with the appropriate department prior to routing a document.
3. Attach all supporting documentation(e.g.,resolutions,commission memorandums,etc.)when routing.
4. When creating workflow in DocuSign,in addition to the department head and applicable assistant/deputy city
manager,make sure the individuals(or designees)indicated in the Required Compliance Approvals section
below are included in the approval path.Note that compliance approvers must approve prior to ACM.
5. The City Manager does not need to sign the coversheet.
6. If you have any questions,contact the Procurement Department.
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When routing documents for approval by the city manager,in addition to the department head and applicable city
manager, make sure the following individuals (or designees)are included in the approval path depending on each
contract type.
Type 1—Contract,amendment or task order for the purchase for the purchase of goods or services resulting from
competitive solicitation.
• Procurement(Alex Denis)
• Budget(Tameka Otto Stewart)
• Grants(Judy Hoanshelt)—if the purchase is grant funded
• Controlled purchases—
o Facilities and Fleet(Adrian Morales)—if the purchase involves a facilities or vehicle item
o Information Technology(Frank Quintana)—if the purchase involves a technology item
Type 2—Other contract or amendment for the purchase of goods or services not resulting from a procurement-
issued competitive solicitation.
• Procurement(Alex Denis)
• Budget(Tameka Otto Stewart).
• Risk Management(Sonia Bridges)
• Grants(Judy Hoanshelt)—if the purchase is grant funded
• Controlled purchases—
o Facilities and Fleet(Adrian Morales)—if the purchase involves a facilities or vehicle item
o Information Technology(Frank Quintana)—if the purchase involves a technology item
Type 3—Independent Contractor Agreements
• Human Resources Director
Type 4—Grant agreements when City recipient
• Grants(Judy Hoanshelt)
Type 5—Grant agreements when City grantor
• As appropriate depending on grant type
Type 6—Tenant agreements •
• Facilities and Fleet(Adrian Morales)
Type 7—Inter-governmental agency agreement
• Marcia Montserrat
Any other type:Contact the Procurement Department for assistance.