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Home My WebLink About2000 07 10 Regular Item F Date: 07102000 Heard under the "Regular" Agenda on 7/10/00. Originally a "Consent" Agenda Item. COMMISSION AGENDA ITEM F CONSENT X INFORMATIONAL PUBLIC HEARING REGULAR 7/10/00 Meeting MGR. /J---' IDEPT e.G. Authorization REQUEST: The Parks and Recreation Department requesting the City Commission to authorize the City Manager to execute the City of Winter Springs Recreation Program Agreement with the Winter Springs Little League. PURPOSE: The purpose of this item is to obtain Commission approval to execute the Agreement necessary to partner with the Winter Springs Little League. CONSIDERTIONS: · The Winter Springs Little League has been conducting youth basebalVsoftball programs for the youth of the Winter Springs area, · The Parks and Recreation Department desires to provide facilities owned by the City of Winter Springs for games and practices and to enhance youth sports through program promotions, background checks and coaches certification. · The Parks and Recreation Department will provide Trotwood Park and Sunshine Park for practices and Central Winds Park for games. . Staff and the City Attorney have reviewed the Agreement and recommend approval. 1 Page 2 FUNDING: The program will provide to the City of Winter Springs approximately $6,000.00 plus other financial assistance per year, In return Parks and Recreation will provide printing and mailing of brochures, phone line with voice mail, criminal history background checks and NYCSA coaches certification for coaches. Projected total revenue from all five (5) agreements is $50,500,00. Total expenses are $30,000,00. Total net revenue to the City is $20,500.00. RECOMMENDATION: Staff is recommending approval to authorize the City Manager to execute the City of Winter Springs Recreational Program Agreement with the Winter Springs Little League. IMPLEMENTATION SCHEDULE: Promotion of youth baseball/softball program-July 11,2000 ATTACHMENTS: A, Two (2) original City of Winter Springs Recreational Program Agreements with the Winter Springs Little League. COMMISSION ACTION: Agenda 115 2 o Commissioner Michael S. Blake o Commissioner Edward Martinez o Commissioner David McLeod o Commissioner Robert S, Miller o Mayor Paul p, Partyka o Deputy Mayor Cindy Gennell o City Manager Ronald W, McLemore o Attorney Robert Guthrie o Department Heads PLEASE REPLACE THIS REVISED AGREEMENT WITH CONSENT AGENDA ITEM F. Thank you! CITY OF WINTER SPRINGS RECREATIONAL PROGRAM AGREEMENT THIS AGREEMENT, made and entered into this day of ,2000, by and between the City of Winter Springs, a Florida municipal corporation (the "City"), and the Winter Springs Little League, Inc., a Florida corporation ("Little League"). WIT N E SSE T H: WHEREAS, the City has certain public recreational facilities available for use by the public; and WHEREAS, the Little League is desirous of offering a public recreational program for the benefit of its participants who are largely residents of the City of Winter Springs using the recreational facilities available to the City; and WHEREAS, the City is willing to permit the Little League program, a non-profit organization, to take place at the Central Winds Park and Trotwood Park and Sunshine Park other City recreational facilities located within the City of Winter Springs, Florida. NOW, THEREFORE, in consideration of the mutual covenants and provisions hereof, and other good and valuable consideration, the receipt and sufficiency all of which are hereby acknowledged, the parties desire to be legally bound by the terms and conditions of this agreement as follows: 1.0 Recitals. The foregoing recitals are hereby incorporated herein in their entirety by this reference. 2.0 Term of Agreement. The term of this Agreement shall commence on August 1,2000, and end on July 31, 2001. 3.0 School Board Contract. The Little League hereby acknowledge that the City and the School Board of Seminole County have entered into that certain agreement that permits the City to utilize facilities owned by the School Board of Seminole County. The Little League agrees that its use of any facilities owned by the School Board are subject to the terms and conditions of that agreement between the City and the School Board of Seminole County. 4.0 Program and Additional Services Conducted by the Little League. The Little League shall provide and promote a baseball program to enhance the existing recreational programs offered by the City. The program may include, but shall not be limited to, a fall and spring little league for participants ages 4 through 16, a travel and tournament basebalVsoftball camps, a baseball/softball camp, motivational seminars, and other recreational type special events. Camps and clinics shall include, but not be limited to, clinics for youth, teams, coaches, officials, parents, Page 1 of 8 and Special Olympics. Special events shall include, but not be limited to, little league games, playoff games, championship games, invitational games, and a pitch, hit and throw competition. Unless otherwise provided in this Agreement, the aforesaid programs shall hereinafter be referred to as Programs. The Little League shall not deviate from the Programs set forth in this agreement without the prior written consent of the City. Programs should be held during non-school hours. 4.1 The Little League shall also provide any and all additional services and equipment necessary for the Program including, but not limited to: (i) providing administrative personnel to collect fees, forms, and answer telephone inquiries regarding Programs; (ii) providing coaches, umpires, speakers, competition judges, scorers, and administrative and support personnel to opemte the Programs; (iii) providing all equipment necessary to participate in the Programs, such as base balls, training aids, camp equipment, materials; (iv) providing uniforms to participants which shall have the City of Winter Springs League logo on all league, camp, and clinic shirts; (v) providing trophies, certificates, and other give away items; (vi) providing all schedules and league handouts; (vii) providing for the set up of all fields and equipment necessary for the Programs; and (viii) providing for the clean-up and removal of all equipment and trash and debris brought to City facilities by the Little League and their guests, invitees, spectators, participants and personnel (clean- up shall be completed as soon as practicable after each Program). 5.0 Certificates. Upon execution of this Agreement by the Little League, and as a continuing obligations hereunder, the Little League shall provide copies to the City of all occupational licenses, competency cards, or certificates necessary for the performance of the Programs. 6.0 Program Materials; Sale of Non-Food Items. The Little League shall be permitted to distribute programs, pictures, advertising and other promotional materials regarding the Programs. The Little League shall also be permitted to sell and distribute food or drink items during the course of any Program only upon prior written request and approval of the City. The Little League may also offer awards or trophies to Program participants that successfully complete or win contests or other events conducted as part of this Agreement. 7.0 Use of Facilities; City Services; Construction, The Little League shall offer the Programs at the Central Winds Park and Trotwood Park and Sunshine Park, and at other designated City owned or controlled facilities that may be authorized by the City for use by the Little League. The Little League agrees that they will not use any other City facility unless authorized pursuant to this Agreement. In addition, the City will provide the following services: (i) coordinate with the Little League to conduct the Programs, the City and Little League acknowledge that the Little League will have priority use of the baseball/softball game and practice fields for Little Leagues' fall and spring games and practices that are initially submitted to the City prior to the start of each fall and spring season. The City and Little League also acknowledge that any requests made by Little League for game and practice fields submitted during a fall or spring season will be scheduled by the City on an as available basis; (ii) provide a criminal background check for the Little League personnel; (iii) provide printing and mailing of all Program brochures; (iv) provide a phone line with voice Page 2 of 8 mail for the Little League information; (v) provide coaches certification for the league coaches; and (vi) provide for the construction of two pitching and hitting cages, suitable for little league play up to sixteen years of age, at Trotwood Park which the City shall complete within a reasonable period of time not to exceed six (6) months from the effective date of this Agreement. 8.0 Compensation, For the use of the City facilities and receipt of City services set forth in paragraph 7.0 of this Agreement, the Little League agrees to pay compensation to the City as follows: 8.1 Five Dollars ($5.00) per player donation for the registration and enrollment of any person into the fall and spring Program. In addition to the registration donation to the City, the Little League will donate to the City approximately six thousand dollars ($6,000.00) for pitching and hitting practice cages at Trotwood Park. 8.2 The Little League shall be responsible for collecting any and all fees necessary for a person to register and participate in a Program. The Little League shall also retain copies of all receipts issued to participants for the payment of said fees. 8.3 The first donation of the registration fees shall be paid to the City by September 30, 2000 along with a complete listing of Program participants including the name, address, and what Program the participant is participating in. All subsequent donations of collected registration fees, if any, shall be paid by the last day of each month thereafter. Failure to make donations within the time proscribed shall result in a five percent (5%) late fee being added to the donation amount. The late fee shall be paid with the donation of registration fees. The six thousand dollar ($6,000.00) donation for Trotwood Park pitching and hitting practice cages is due by September 30, 2000. 8.4 Within three (3) business days following the termination of this Agreement, the Little League shall provide the City a revenue and expenditure report which shall set forth the revenues collected and all expenditures resulting from operating any and all Programs. The City reserves the right to demand an additional donation of compensation from the Little League if the report shows any material discrepancy in the amount of revenue generated by the Little League and any previous donations actually paid to the City under this Agreement. 9.0 Reimbursement of Expenses. With advance approval of the Little League it will reimburse any and all actual expenses incurred by the City in assisting the Little League regarding any Program offered by the Little League for use of facilities not owned and maintained by the City of Winter Springs, including, but not limited to, field rental, and supervision/maintenance. The City will provide the Little League a written invoice(s) itemizing these expenses and payment shall be made by the Little League within thirty (30) days of receiving the invoice. 10.0 Disorderly Conduct; Alcohol and Controlled Substances, The Little League shall Page 3 of 8 not permit any guests, invitees, employees, agents, or other Program participants to engage in any disorderly conduct or criminal conduct while participating in any Program. The Little League shall promote good sportsmanship to all Program participants. The use of alcoholic beverages or illegal controlled substances by Program participants and the Little League prior to, during, or after any Program shall be strictly prohibited. 11.0 Status Conferences. At the request of the City, the Little League shall attend status conferences with the City for purposes of evaluating the status of any Program. The date and time of the status conferences shall be by mutual agreement of the parties. 12.0 Independent Contractor; Hiring of Personnel. The Little League shall be . considered an independent contractor under this Agreement. The Little League shall be solely responsible and liable for hiring and retaining all of its employees, personnel, contractors, coaches, and volunteers. 13.0 Indemnification and Hold Harmless. The Little League shall indemnify and hold hannless the City and its employees, officers, attorneys, agents, and contractors from and against all claims, losses, damages, personal injuries, excluding Worker's Compensation claims (including but not limited to death), or liability to the person or property (including reasonable attorney's fees through any and all administrative, trial, post judgment and appellate proceedings), directly or indirectly arising from the negligent acts, errors, omissions, intentional or otherwise, arising out of or resulting from the Little League's scheduling, permitting, promoting, maintaining, supervising, managing, coordinating, and conducting any Program under this Agreement. Nothing contained in this paragraph shall be construed to require Little League to indemnify and hold harmless the City for negligent acts, error, omissions, intentional or otherwise, of the City and its employees, officers, attorneys and agents. The City will not hold the Little League responsible for the acts and omissions of the City and its employees, officers, attorneys, and agents. 14.0 Assignment. This Agreement shall not be assigned by any party without the prior written consent of all of the parties hereto. 15.0 Public Record. It is hereby specifically agreed that any record, document, computerized information and program, audio or video tape, photograph, or other writing completed by the Little League related, directly or indirectly, to this Agreement, may be deemed to be a Public Record whether in the possession or control of the City or the Little League. Said record, document, computerized information and program, audio or video tape, photograph, or other writing completed by the Little League is subject to the provisions of Chapter 119, Florida Statutes, and may not be destroyed without the specific written approval of the City Manager. Upon request by the City, the Little League shall promptly supply copies of said public records to the City. All books, cards, registers, receipts, documents, and other papers completed by the Little League in connection with this Agreement shall at any and all reasonable times during the normal business hours of the Little Page 4 of 8 League be open and freely exhibited to the City for the purpose of examination and/or audit. Nothing contained in this paragraph shall require the disclosure of information that is exempt from public records disclosure pursuant to state or federal law. 16.0 General Liability Insurance. For the Programs performed hereunder, the Little League shall purchase and maintain, at its own expense, such general liability insurance to cover claims for damages because of bodily injury or death of any person or property damage arising in any way out of the Programs performed by the Little League under this Agreement. The insurance shall have minimum limits of coverage of $1 ,000,000.00 per occurrence combined single limit for bodily injury liability and property damage liability. All insurance coverage shall be with insurer(s) approved by the City and licensed by the State of Florida to engage in the business of writing of insurance. The City shall be named on the foregoing insurance policies as "additional insured." The Little League shall cause its insurance carriers to furnish insurance certificates and endorsements specifying the types and amounts of coverage in effect pursuant hereto, the expiration dates of such policies, and a statement that no insurance under such policies will be canceled without thirty (30) days prior written notice to the City in compliance with other provisions of this Agreement. If the City has any objection to the coverage afforded by or other provision of the insurance required to be purchased and maintained by the Little League in accordance with this paragraph on the basis of its not complying with the Agreement, the City shall notify the Little League in writing thereof within thirty (30) days of the date of delivery of such certificates and endorsements to the City. The Little League shall continuously maintain such insurance in the amounts, type, and quality as required by this paragraph. 17.0 Modification. Modifications of this Agreement shall only be made in writing signed by both parties. 18.0 Compliance With Laws. The Little League shall comply with all local, state, and federal laws and regulations that are applicable to the operation of its business and in the performance of any Program. The Little League acknowledges and agrees that it will take any and all reasonable and prudent steps necessary to be informed and advised of all applicable local, state, and federal laws and regulations affecting its business and performance of any Program. 19.0 Due Diligence. The Little League acknowledges that they have investigated prior to the execution of this Agreement and satisfied themselves as to the conditions affecting the City's facilities that will or may be utilized by the Little League to conduct the Programs, the availability of materials and labor, the cost thereof, the requirements to obtain necessary insurance, permits, equipment, and the steps necessary to complete the Programs. The Little League warrants unto the City that they have the competence and abilities to carefully, professionally, and faithfully complete the Programs in the manner and within the time limits proscribed herein. The Little League will perform the Programs with due and reasonable diligence consistent with sound professional and labor practices. 20.0 Time is of the Essence. Time is of the essence of this Agreement. Page 5 of 8 21.0 Third Party Rights. This Agreement is not a third party beneficiary contract and shall not in any respect whatsoever create any rights on behalf of any party not expressly a party to this Agreement. 22.0 Further Assurances. From and after the execution of this Agreement, each of the parties hereto shall fully cooperate with each other and perform any further act(s) and execute and deliver any further documents which may be necessary or desirable in order to carry out the purposes and intentions of this Agreement. 23.0 Severability, If any provision of this Agreement is held to be invalid, void, or unenforceable, the remaining provisions shall nevertheless remain in full force and effect, unless the absence of the invalid, void or unenforceable provision or provisions causes this Agreement to fail in its essential purposes. 24.0 Governing Law and Venue. This Agreement shall be construed and enforced in accordance with the laws of the State of Florida. The parties further agree that in any dispute between them relating to this Agreement, exclusive jurisdiction shall be in the trial courts located in Seminole County, Florida, for state actions and Orlando, Florida, for federal actions. Any objections as to jurisdiction or venue in such courts being expressly waived. 25.0 Attorney's Fees. In the event any litigation or controversy arises out of or in connection with this Agreement between the parties hereto, the prevailing party in such litigation or controversy shall be entitled to recover from the other party or parties all reasonable attorney's fees and paralegal fees, expenses and suit costs, including those associated with any appellate or post- judgment collection proceedings. 26.0 Non-Waiver. No delay or failure by either party to exercise any right under this Agreement, and no partial or single exercise of that right, shall constitute a waiver of that or any other right, unless otherwise expressly provided herein. 27.0 Notices, Any notice, request, instruction, or other document to be given as part of this Agreement shall be in writing and shall be deemed given under the following circumstances: when delivered in person; or three (3) business days after being deposited in the United States Mail, postage prepaid, certified or registered; or the next business day after being deposited with a recognized overnight mail or courier delivery service; or when transmitted by facsimile or telecopy transmission, with receipt acknowledged upon transmission; and addressed as follows (or to such other person or at such other address, of which any party hereto shall have given written notice asiprovided herein): To City: City of Winter Springs Attn: Parks And Recreation Department Mr. Chuck Pula, Director Page 6 of 8 . " 1000 E. State Road 434 Winter Springs, Florida 32708 PH: (407) 327-7110 FAX: (407) 327-0018 To Little League: Winter Springs Little League, Inc. 28.0 Counterparts. This Agreement may be executed in any number of counterparts, each of which when so executed and delivered, shall be an original; but such counterparts shall together constitute but one and the same instrument. . 29.0 Standard of Care. In performing the Programs, the Little League shall use that degree of care and skill ordinarily exercised, under similar circumstances by reputable members of their professions practicing in the same or similar locality. The Little League shall take all necessary and reasonable precautions to protect the program participants and the public from being injured during the Programs. 30.0 Termination. This Agreement may be terminated by either party with thirty (30) days written notice. If this Agreement is terminated by either party, the indemnification provision contained in paragraph 12.0 ofthis Agreement shall remain in full force and effect for any claims, losses, damages, personal injuries, or liability which may occur under this Agreement. The Little League shall also immediately pay all compensation due to the City pursuant to paragraph 8.0 of this Agreement and of the City has already collected said sums, the City shall repay aprorata share of the player donation based on the remaining contract term and repay the $6,000.00 donation unless the purchase or construction of the pitching and hitting practice cages required in paragraph 7.0 has not been commenced within six (6) months of the date of this Agreement. 31.0 Little League Signatory. The undersigned person executing this Agreement on behalf of the Little League hereby represents and warrants that he has the full authority to sign the Agreement on behalf of the Little League and that he has the authority to fully bind the Little League to the terms and conditions set forth in this Agreement. 32.0 Interpretation. The City and the Little League have participated in the drafting of all parts of this Agreement. As a result, it is the intent of the parties that no portion of this Agreement shall be interpreted more harshly against either of the parties as the drafter. 33.0 Entire Agreement. The drafting, execution, and delivery of this Agreement by the parties has been induced by no representations, statements, warranties, or agreements other than Page 7 of 8 '--';. those expressed herein. This Agreement represents the entire and integrated Agreement between the parties and supersedes all prior negotiations, representations, or Agreements, either oral or written, and all such matters shall be deemed merged into this Agreement. 34.0 Sovereign Immunity. Nothing contained in this Agreement shall be construed as a waiver of the City's right to sovereign immunity under Section 768.28, Florida Statutes, or other limitations imposed on the City's potential liability under state or federal law. 35.0 Use of Central Winds Park, Trotwood Park and Sunshine Park. The City and Little Acknowledge that the Little League will have priority use of the basebalUsoftball game fields at Central Winds Park and the practice baseball/softball fields at Trotwood Park and Sunshine Park for Little League's fall and spring games and practices which are initially submitted to the City prior to the start of each fall and spring season. The City and Little League also acknowledge that any requests made by Little League for game and practice fields submitted during a fall or spring season will be scheduled by the City on an as available basis. 36,0 No Guarantee by City. Nothing contained in this Agreement shall be construed as a guarantee for the use of any City owned or maintained facility. The parties fully understand and agree that City owned or maintained facilities may not be suitable, at the discretion of the City, for play or practice due to inclement weather, vandalism, emergencies, acts of God, hazardous conditions, or any other circumstance that the City deems could injure the participants or damage the facilities. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year written above. CITY: LITTLE LEAGUE CITY OF WINTER SPRINGS WINTER SPRINGS LITTLE LEAGUE, INC. By: Ronald W. McLemore, City Manager By: Date: Date: Page 8 of 8 : crrv OF WINTER SPRINGS RECREATIONAL PROGRAM AGREEMENT TI-lIS AGREEMENT, made and entered into this 1 day Of~)o2000, by and between the City of Winter Springs, a Florida municipal corporation (the 'City"), and the Winter Springs Little League, Inc., a Florida corporation ("Little League"). WIT N E SSE T H: WHEREAS, the City has certain public recreational facilities available for use by the public; and WHEREAS, the Little League is desirous of offering a public recreational program for the benefit of its participants who are largely residents of the City of Winter Springs u~ing the recreational facilities available to the City; and - WHEREAS, the City is willing to permit the Little League progranl, a non-profit organization, to take place at the Central Winds Park and Trotwood Park and Sunshine Park other City recreational facilities located within the City of Winter Springs, Florida. NOW,THEREFORE, in consideration of the mutual covenants and provisions hereof, and other good and valuable consideration, the receipt and sufficiency all of which are hereby acknowledged, the parties desire to be legally bound by the terms and conditions of this agreement as follows: 1.0 Recitals. The foregoing recitals are hereby incorporated herein in their entirety by this reference. 2.0 Term of Agreement. The term of this Agreement shall commence on August 1,2000, and end on July 31, 2001. 3.0 School Board Contract. The Little League hereby acknowledge that the City and the School Board of Seminole County have entered into that certain agreement that permits the City to utilize facilities owned by the School Board of Seminole County. The Li ttle League agrees that its use of any facilities owned by the School Board are subject to the terms and conditions of that agreement between the City and the School Board of Seminole County. 4.0 Program and Additional Services Conducted by the Little League. The Little League shall provide and promote a baseball program to enhance the existing recreational programs offered by the City. The program may include, but shall not be limited to, a fall and spring little league for participants ages 4 through 16, a travel and tournament baseball/softball camps, a baseball/softball camp, motivational seminars, and other recreational type special events. Camps and clinics shall include, but not be limited to, clinics for youth, teams, coaches, officials, :parents, Page I of 8 and Special Olympics. Special events shall include, but not be limited to, little league games, playoff games, championship games, invitational garnes, and a pitch, hit and throw competition. Unless otherwise provided in this Agreement, the aforesaid programs shall hereinafter be referred to as Prograrns. The Little League shall not deviate from the Programs set forth in this agreement without the prior written consent of the City. Programs should be held during non-school hours. 4.1 The Little League shall also provide any and all additional services and equipment necessary for the Program including, but not limited to: (i) providing administrative personnel to collect fees, forms, and answer telephone inquiries regarding Programs; (ii) providing coaches, umpires, speakers, competition judges, scorers, and administrative and support personnel to operate the Programs; (iii) providing all equipment necessary to participate in the Programs, such as base balls, training aids, camp equipment, materials; (iv) providing uniforms to participants which shall have the City of Winter Springs League logo on all league, camp, and clinic shirts; (v) providing trophies, certificates, and other give away items; (vi) providing all schedules and league handouts; (vii) providing for the set up of all fields and equipment necessary for the Programs; aI1d (viii) providing for the clean-up and removal of all equipment and trash and debris brought to City facilities by the Little League and their guests, invitees, spectators, participants and personnel (clean- up shall be completed as soon as practicable after each Prograrn). 5.0 Certificates. Upon execution of this Agreement by the Little League, and as a continuing obligations hereunder, the Little League shall provide copies to the City of all occupational licenses, competency cards, or certificates necessary for the performance of the Programs. 6.0 Program Materials; Sale of Non-Food Items. The Little League shall be permitted to distribute programs, pictures, advertising and other promotional materials regarding the Programs. The Little League shall also be permitted to sell and distribute food or drink items during the course of any Program only upon prior written request and approval of the City. The Little League may also offer awards or trophies to Program participants that successfully complete or win contests or other events conducted as part of this Agreement. 7.0 Use of Facilities; City Services; Construction, The Little League shall offer the Programs at the Central Winds Park and Trotwood Park and SWlSlUne Park, and at other designated City owned or controlled facilities that may be authorized by the City for use by the Little League. The Little League agrees that they will not use any other City facility unless authorized pursuant to this Agreement. In addition, the City will provide the following services: (i) coordinate with the Little League to conduct the Programs, the City and Little League acknowledge that the Little League will have priority use of the baseball/softball game and practice fields for Little Leagues' fall and spring games and practices that are initially submitted to the City prior to the start of each fall and spring season. The City and Little League also acknowledge that any requests made by Little League for game and practice fields submitted during a fall or spring season will be scheduled by the City on arl as available basis; (ii) provide a criminal background check for the Little League personnel; (iii) provide printing and mailing of all Program brochures; (iv) provide a phone line with voice Page 2 of 8 mail for the Little League information; (v) provide coaches certification for the league coaches; and (vi) provide for the construction of two pitching and hitting cages, suitable for little league play up to sixteen years of age, at Trotwood Park which the City shall complete within a reasonable period of time not to exceed six (6) months from the effective date of this Agreement. 8.0 Compensation. For the use of the City facilities and receipt of City services set forth in paragraph 7.0 of this Agreement, the Little League agrees to pay compensation to t!1e City as follows: 8.1 Five Dollars ($5.00) per player donation for the registration and enrollment of any person into the fall and spring Program. In addition to the registration donation to the City, the Little League will donate to the City approximately six thousand dollars ($6,000.00) for pitching and hitting practice cages at Trotwood Park. 8.2 The Little League shall be responsible for collecting any and all fees necessary for a person to register and participate in a Program. The Little League shall also retain copies of all receipts issued to participants for the payment of said fees. 8.3 The first donation of the registration fees shall be paid to the City by September 30, 2000 along with a complete listing of Program participants including the name, address, phone number, age, sex and what Program the participant is participating in. All subsequent donations of collected registration fees, if any, shall be paid by the last day of each month thereafter. Failure to make donations within the time proscribed shall result in a five percent (5%) late fee being added to the donation amount. The late fee shall be paid with the donation of registration fees. The six thousand dollar ($6,000.00) donation for Trotwood Park pitching and hitting practice cages is due by September 30, 2000. 8.4 Within three (3) business days following the termination of this Agreement, the Little League shall provide the City a revenue and expenditure report which shall set forth the revenues collected and all expenditures resulting from operating any and all Programs. The City reserves the right to demand an additional donation of compensation from the Little League if the report shows any material discrepancy in the amount of revenue generated by the Little League and any previous donations actually paid to the City under this Agreement. 9.0 Reimbursement of Expenses. With advance approval of the Little League it will reimburse any and all actual expenses incurred by the City in assisting the Little League regarding any Program offered by the Little League for use of facilities not owned and maintained by the City of Winter Springs, including, but not limited to, field rental, and supervision/maintenance. The City will provide the Little League a written invoice(s) itemizing these expenses and payment shall be made by the Little League within thirty (30) days of receiving the invoice. 10.0 Disorderly Conduct; Alcohol and Controlled Substances. The Little League shall Page 3 of 8 not permit any guests, invitees, employees, agents, or other Program participants to engage in any disorderly conduct or criminal conduct while participating in any Progran1. The Little League shall promote good sportsmanship to all Program participants. The use of alcoholic beverages or illegal controlled substances by Program participants and the Little League prior to, during, or after any Program shall be strictly prohibited. 11.0 Status Conferences. At the request of the City, the Little League shall attend status conferences with the City for purposes of evaluating the status of any Program. The date and time of the status conferences shall be by mutual agreement of the parties. 12.0 Independent Contractor; Hiring of Personnel. The Little League shall be considered an independent contractor under this Agreement. The Little League shall be solely responsible and liable for hiring and retaining all of its employees, personnel, contractors, coaches, and volunteers. "'- 13.0 Indemnification and Hold Harmless. The Little League shall indemnify and hold harmless the City and its employees, officers, attorneys, agents, and contractors from and against all claims, losses, damages, personal injuries, excluding Worker's Compensation claims (including but not limited to death), or liability to the person or property (including reasonable attorney's fees through any and all administrative, trial, post judgment and appellate proceedings), directly or indirectly arising from the negligent acts, errors, omissions, intentional or otherwise, arising out of or resulting from the Little League's scheduling, permitting, promoting, maintaining, supervising, managing, coordinating, and conducting any Program under this Agreement. The indemnification provided above shall obligate the name the Little League to defend at its own expense or to provide for such defense, at the option of the City, as the case may be, of any and all claims of liability and all suits and actions of every name and description that may be brought against the City or its employees, attorneys, and officers which may result from the Little League's performance under this Agreement whether performed by the Little League, or anyone directly or indirectly employed, controlled, supervised, or directed by the Little League. In all events the City shall be permitted to choose legal counsel of its sole choice, the fees for which shall be subject to and included with this indemnification provided herein, as long as said fees are considered reasonable within the Central Florida area. 14.0 Assignment. This Agreement shall not be assigned by any party without the prior written consent of all of the parties hereto. 15.0 Public Record. It is hereby specifically agreed that any record, document, computerized information and program, audio or video tape, photograph, or other writing completed by the Little League related, directly or indirectly, to this Agreement, may be deemed to be a Public Record whether in the possession or control of the City or the Little League. Said record, document, computerized information and program, audio or video tape, photograph, or other writing completed Page 4 of 8 by the Little League is subject to the provisions of Chapter 119, Florida Statutes, and may not be destroyed without the speci fic written approval of thc City Manager. Upon request by the City, the Little League shall promptly supply copies of said public records to the City. All books, cards, registers, receipts, documents, and other papers completed by the Little League in connection with this Agreement shall at any and all reasonable times during the normal business hours of the Little League be open and freely exhibited to the City tor the purpose of examination and/or audit. Nothing contained in this paragraph shall require the disclosure of information that is exempt from public records disclosure pursuant to state or federal law. 16.0 General Liability Insurance. For the Programs performed hereunder, the Little League shall purchase and maintain, at its own expense, such general liability insurance to cover claims for damages because of bodily injury or death of any person or property damage arising in any way out of the Programs perfonned by the Little League under this Agreement. The insurance shall have minimum limits of coverage of $1,000,000.00 per occurrence combined single limit for bodily injwy liability and property damage liability. All insurance coverage shall be with in:>urer(s) approved by the City and licensed by the State of Florida to engage in the business of writing of insurance. The City shall be named on the foregoing insurance policies as "additional insured." The Little League shall cause its insurance carriers to furnish insurance certificates and endorsements specifying the types and anlounts of coverage in effect pursuant hereto, the expiration dates of such policies, and a statement that no insurance under such policies will be canceled without thirty (30) days prior written notice to the City in compliance with other provisions of this Agreement. If the City has any objection to the coverage afforded by or other provision of the insurance required to be purchased and maintained by the Little League in accordance with this paragraph on the basis of its not complying with the Agreement, the City shall notify the Little League in writing thereof within thirty (30) days of the date of deli very of such certificates and endorsements to the City. The Little League shall continuously maintain such insurance in the amowlts, type, and quality as required by this paragraph. 17.0 Modification. Modifications of this Agreement shall only be made in writing signed by both parties. 18.0 Compliance With Laws. The Little League shall comply with all local, state, and federal laws and regulations that are applicable to the operation of its business and in the performance of any Program. The Little League acknowledges and agrees that it will take any and all reasonable and prudent steps necessary to be informed and advised of all applicable local, state, and federal laws and regulations affecting its business and performance of any Progranl. 19.0 Due Diligence. The Little League acknowledges that they have investigated prior to the execution of this Agreement and satisfied themselves as to the conditions affecting the City's facilities that will or may be utilized by the Little League to conduct the Progranls, the availability of materials and labor, the cost thereof, the requirements to obtain necessary insurance, permits, equipment, and the steps necessary to complete the Progranls. The Little League warrants WHO the City that they have the competence and abilities to carefully, professionally, and faithfully complete Page 5 of 8 the Programs in the manner and within the time limits proscribed herein. The Little League will perform the Programs with clue ancl reasonable diligence consistent with sound professional and labor practices. 20.0 Time is of the Essence. Time is of the essence of this Agreement. 21.0 Third Party Rights. This Agreement is not a third party beneficiary contract and shall not in any respect whatsoever create any rights on behalf of any party not expressly a party to this Agreement. 22.0 Further Assurances. From and after the execution of this Agreement, each of the parties hereto shall fully cooperate with each other and perfom1 any further act(s) and execute and deliver any further documents which may be necessary or desirable in order to carry out the purposes and intentions of this Agreement. -:. 23.0 Severability. If any provision of this Agreement is held to be invalid, void, or unenforceable, the remaining provisions shall nevertheless remain in full force and effect, unless the absence of the invalid, void or unenforceable provision or provisions causes this Agreement to fail in its essential purposes. 24.0 Governing Law and Venue. This Agreement shall be construed and enforced in accordance with the laws of the State of Florida. The parties further agree that in any dispute between them relating to this Agreement, exclusive jurisdiction shall be in the trial courts located in Seminole County, Florida, for state actions and Orlando, Florida, for federal actions. Any objections as to jurisdiction or venue in such courts being expressly waived. 25.0 Attorney's Fees. In the event any litigation or controversy arises out of or in cOlU1ection with this Agreement between the parties hereto, the prevailing party in such litigation or controversy shall be entitled to recover from the other party or parties all reasonable attorney's fees and paralegal fees, expenses and suit costs, including those associated with any appellate or post- judgment collection proceedings. 26.0 Non-Waiver. No delay or failure by either party to exercise any right under this Agreement, and no partial or single exercise of that right, shall constitute a waiver of that or any . . other right, unless otherwise expressly provided herein. 27.0 Notices. Any notice, request, instruction, or other document to be given as part of this Agreement shall be in writing and shall be deemed given under the following circumstances: when deli vered in person; or three (3) business days after being deposited in the U ni ted States Mail, postage prepaid, certified or registered; or the next business day after being deposited with a recognized overnight mail or courier delivery service; or when transmitted by facsimile or telecopy transmission, with receipt acknowledged upon transmission; and addressed as follows (or to such other person or at such other address, of which any party hereto shall have given written notice as Page G of 8 " provided herein): To City: City or Winter Springs Atln: Parks And Recreation Department Mr. Chuck Pula, Director 1000 E. State Road 434 Winter Springs, Florida 32708 PI-I: (407)327-7110 FAX: (407)327-0018 To Little League: Winter Springs Little League, Inc. -:. 28.0 Counterparts. This Agreement may be executed in any number of counterparts, each of which when so executed and delivered, shall be an original; but such counterparts shall together constitute but one and the same instrument. 29.0 Standard of Care. In performing the Programs, the Little League shall use that degree of care and skill ordinarily exercised, under similar circumstances by reputable members of their professions practicing in the same or similar locality. The Little League shall take all necessary and reasonable precautions to protect the program participants and the public from being injured during the Programs. 30.0 Termination. This Agreement may be tem1inated by either party with thirty (30) days written notice. If this Agreement is terminated by either party, the indemnification provision contained in paragraph 12.0 of this Agreement shall remain in full force and effect for any claims, losses, damages, personal injuries, or liability which may occur under this Agreement. The Little League shall also immediately pay all compensation due to the City pursuant to paragraph 8.0 of this Agreement and of the City has already collected said sums, the City shall repay a prorata share of the player donation based on the remaining contract term and repay the $6,000.00 donation unless the purchase or construction of the pitching and hitting practice cages required in paragraph 7.0 has not been commenced within six (6) months of the date of this Agreement. 31.0 Little League Signatory. The w1dersigned person executing this Agreement on behalf of the Little League hereby represents and warrants that he has the full authority to sign the Agreement on behalf of the Little League and that he has the authority to fully bind the Little League to the terms and conditions set forth in this Agreement. 32.0 Intc'-p,-ctation. The City and the Little League have participated in the drafting of all I)a~c 7 or 8 parts of this Agreement. As a result, it is the intent of the parties that no portion of this Agreement shall be interpreted more harshly against either of the parties as the drafter. 33.0 Entirc Agrccmcnt. The drafting, execution, and delivery of this Agreement by the parties has been induced by no representations, statements, warranties, or agreements other than those expressed herein. This Agreement represents the entire and integrated Agreement between the parties and supersedes all prior negotiations, representations, or Agreements, either oral or written, and all such matters shall be deemed merged into this Agreement. 34.0 Sovereign Immunity. Nothing contained in this Agreement shall be construed as a waiver of the City's right to sovereign immunity under Section 768.28, Florida Statutes, or other limitations imposed on the City's potential liability under state or federal law. 35.0 Use of Central Winds Park, Trotwood Park and Sunshine Park. The City and Little Acknowledge that the Little League will have priority use of the baseball/softball game f}elds at Central Winds Park and the practice baseball/softball fields at Trotwood Park and SllilShine Park for Little League's fall and spring games and practices which are initially submitted to the City prior to the start of each fall and spring season. The City and Little League also acknowledge that any requests made by Little League for game and practice fields submitted during a fall or spring season will be scheduled by the City on an as available basis. 36.0 No Guarantee by City. Nothing contained in this Agreement shall be construed as a guarantee for the use of any City owned or maintained facility. The parties fully understand and agree that City owned or maintained facilities may not be suitable, at the discretion of the City, for play or practice due to inclement weather, vandalism, emergencies, acts of God, hazardous conditions, or any other circumstance that the City deems could injure the participants or damage the facilities. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year written above. CITY: LITTLE LEAGUE CITY OF WINTER SPRINGS By ;f!~/J1JtI~ Ronald W. McLemore, City Manager WINTER SPRINGS LITTLE LEAGUE, INC. By: ~~Jv~ t/ c( t/ZJ 9' --- (- - 0 u Date: _ J Date: Page 8 of 8 , , , .. . I . CITY OF WINTER SPRINGS RECREATIONAL PROGRAM AGREEMENT THIS AGREEMENT, made and entered into this 1 day Of~"l'2000, by and between the City of Winter Springs, a Florida municipal corporation (the 'City"), and the Winter Springs Little League, Inc., a Florida corporation ("Little League"). WIT N E SSE T H: WHEREAS, the City has certain public recreational facilities available for use by the public; and WHEREAS, the Little League is desirous of offering a public recreational program for the benefit of its participants who are largely residents of the City of Winter Springs ~ing the recreational facilities available to the City; and - WHEREAS, the City is willing to permit the Little League progran1, a non-profit organization, to take place at the Central Winds Park and Trotwood Park and Sunshine Park other City recreational facilities located within the City of Winter Springs, Florida. NOW, THEREFORE, in consideration of the mutual covenants and provisions hereof, and other good and valuable consideration, the receipt and sufficiency all of which are hereby acknowledged, the parties desire to be legally bound by the terms and conditions of this agreement as follows: 1.0 Recitals. The foregoing recitals are hereby incorporated herein in their entirety by this reference. 2.0 Term of Agreement. The term of this Agreement shall conunence on August 1,2000, and end on July 31,2001. 3.0 School Board Contract. The Little League hereby acknowledge that the City and the School Board of Seminole County have entered into that certain agreement that permits the City to utilize facilities owned by the School Board of Seminole County. The Little League agrees that its use of any facilities owned by the School Board are subject to the terms and conditions of that agreement between the City and the School Board of Seminole County. 4.0 Program and Additional Services Conducted by the Little League. The Little League shall provide and promote a baseball program to enhance the existing recreational programs offered by the City. The program may include, but shall not be limited to, a fall and spring little league for participants ages 4 through 16, a travel and tournament basebalUsoftball camps, a baseball/softball camp, motivational seminars, and other recreational type special events. Camps and clinics shall include, but not be limited to, clinics for youth, teams, coaches, officials,:parents, Page I of 8 and Special Olympics. Special events shall include, but not be limited to, little league games, playoff games, championship games, invitational games, and a pitch, hit and throw competition. Unless otherwise provided in this Agreement, the aforesaid progran1s shall hereinafter be referred to as Programs. The Little League shall not deviate from the Programs set forth in this agreement without the prior written consent of the City. Programs should be held during non-school hours. 4.1 The Little League shall also provide any and all additional services and equipment necessary for the Program including, but not limited to: (i) providing administrative personnel to collect fees, forms, and answer telephone inquiries regarding Progran1s; (ii) providing coaches, umpires, speakers, competition judges, scorers, and administrative and support personnel to operate the Programs; (iii) providing all equipment necessary to participate in the Programs, such as base balls, training aids, can1p equipment, materials; (iv) providing uniforms to participants which shall have the City of Winter Springs League logo on all league, camp, and clinic shirts; (v) providing trophies, certificates, and other give away items; (vi) providing all schedules and league handouts; (vii) providing for the set up of all fields and equipment necessary for the Programs; aJ1d (viii) providing for the clean-up and removal of all equipment and trash and debris brought to City facilities by the Little League and their guests, invitees, spectators, participants and personnel (clean- up shall be completed as soon as practicable after each Program). 5.0 Certificates. Upon execution of this Agreement by the Little League, and as a continuing obligations hereunder, the Little League shall provide copies to the City of all occupational licenses, competency cards, or certificates necessary for the performance of the Programs. 6.0 Program Materials; Sale of Non-Food Items. The Little League shall be permitted to distribute programs, pictures, advertising and other promotional materials regarding the Progran1s. The Little League shall also be permitted to sell and distribute food or drink items during the course of any Program only upon prior written request and approval of the City. The Little League may also offer awards or trophies to Program participants that successfully complete or win contests or other events conducted as part of this Agreement. 7.0 Use of Facilities; City Services; Construction, The Little League shall offer the Programs at the Central Winds Park and Trotwood Park and Sunshine Park., and at other designated City owned or controlled facilities that may be authorized by the City for use by the Little League. The Little League agrees that they will not use any other City facility unless authorized pursuant to this Agreement. In addition, the City will provide the following services: (i) coordinate with the Little League to conduct the Programs, the City and Little League acknowledge that the Little League will have priority use of the baseball/softball game and practice fields for Little Leagues' fall and spring games and practices that are initially submitted to the City prior to the start of each fall and spring season. The City and Little League also acknowledge that any requests made by Little League for game and practice fields submitted during a fall or spring season will be scheduled by the City on an as available basis; (ii) provide a criminal background check for the Little League personnel; (iii) provide printing and mailing of all Program brochures; (iv) provide a phone line with voice Page 2 of 8 mail for the Little League information; (v) provide coaches certification for the league coaches; and (vi) provide for the construction of two pitching and hitting cages, suitable for little league play up to sixteen years of age, at Trotwood Park which the City shall complete within a reasonable period of time not to exceed six (6) months from the effective date of this Agreement. 8.0 Compensation. For the use of the City facilities and receipt of City services set forth in paragraph 7.0 of this Agreement, the Little League agrees to pay compensation to t!1e City as follows: 8.1 Five Dollars ($5.00) per player donation for the registration and enrollment of any person into the fall and spring Program. In addition to the registration donation to the City, the Little League will donate to the City approximately six thousand dollars ($6,000.00) for pitching and hitting practice cages at Trotwood Park. 8.2 The Little League shall be responsible for collecting any and all fees necessary for a person to register and participate in a Program. The Little League shall also retain copies of all receipts issued to participants for the payment of said fees. 8.3 The first donation of the registration fees shall be paid to the City by September 30, 2000 along with a complete listing of Program participants including the name, address, phone number, age, sex and what Program the participant is participating in. All subsequent donations of collected registration fees, if any, shall be paid by the last day of each month thereafter. Failure to make donations within the time proscribed shall result in a five percent (5%) late fee being added to the donation amount. The late fee shall be paid with the donation of registration fees. The six thousand dollar ($6,000.00) donation for Trotwood Park pitching and hitting practice cages is due by September 30, 2000. 8.4 Within three (3) business days following the termination of this Agreement, the Little League shall provide the City a revenue and expenditure report which shall set forth the revenues collected and all expenditures resulting from operating any and all Programs. The City reserves the right to demand an additional donation of compensation from the Little League if the report shows any material discrepancy in the amount of revenue generated by the Little League and any previous donations actually paid to the City under this Agreement. 9.0 Reimbursement of Expenses. With advance approval of the Little League it will reimburse any and all actual expenses incurred by the City in assisting the Little League regarding any Program offered by the Little League for use of facilities not owned and maintained by the City of Winter Springs, including, but not limited to, field rental, and supervision/maintenance. The City will provide the Little League a written invoice(s) itemizing these expenses and payment shall be made by the Little League within thirty (30) days of receiving the invoice. 10.0 Disorderly Conduct; Alcohol and Controlled Substances. The Little League shall Page 3 of 8 not permit any guests, invitees, employees, agents, or other Program participants to engage in any disorderly conduct or criminal conduct while participating in any Program. The Little League shall promote good sportsmanship to all Progranl participants. The use of alcoholic beverages or illegal controlled substances by Progranl participants and the Little League prior to, during, or after any Program shall be strictly prohibited. 11.0 Status Conferences. At the request of the City, the Little League shall attend status conferences with the City for purposes of evaluating the status of any Program. The date and time of the status conferences shall be by mutual agreement of the parties. 12.0 Independent Contractor; Hiring of Personnel. The Little League shall be considered an independent contractor under this Agreement. The Little League shall be solely responsible and liable for hiring and retaining all of its employees, personnel, contractors, coaches, and volunteers. "'- 13.0 Indemnification and Hold Harmless. The Little League shall indemnify and hold harmless the City and its employees, officers, attorneys, agents, and contractors from and against all claims, losses, damages, personal injuries, excluding Worker's Compensation claims (including but not limited to death), or liability to the person or property (including reasonable attorney's fees through any and all administrative, trial, post judgment and appellate proceedings), directly or indirectly arising from the negligent acts, errors, omissions, intentional or otherwise, arising out of or resulting from the Little League's scheduling, permitting, promoting, maintaining, supervising, managing, coordinating, and conducting any Program under this Agreement. The indemnification provided above shall obligate the name the Little League to defend at its own expense or to provide for such defense, at the option of the City, as the case may be, of any and all claims of liability and all suits and actions of every name and description that may be brought against the City or its employees, attorneys, and officers which may result from the Little League's performance under this Agreement whether performed by the Little League, or anyone directly or indirectly employed, controlled, supervised, or directed by the Little League. In all events the City shall be permitted to choose legal counsel of its sole choice, the fees for which shall be subject to and included with this indemnification provided herein, as long as said fees are considered reasonable within the Central Florida area. 14.0 Assignment. This Agreement shall not be assigned by any party without the prior written consent of all of the parties hereto. 15.0 Public Record. It is hereby specifically agreed that any record, document, computerized information and program, audio or video tape, photograph, or other writing completed by the Little League related, directly or indirectly, to this Agreement, may be deemed to be a Public Record whether in the possession or control of the City or the Little League. Said record, document, computerized information and program, audio or video tape, photograph, or other writing completed Pagc4of8 by the Little League is subject to the provisions of Chapter 119, Florida Statutes, and may not be dcstroyed without the specific written approval of the City Manager. Upon requcst by the City, the Little League shall promptly supply copies of said public records to the City. All books, cards, registers, receipts, documents, and other papers completed by the Little League in connection with this Agreement shall at any and all reasonable times during the normal business hours of the Little League be open aIld freely exhibited to the City for the plu-pose of examination and/or audit. Nothing contained in this paragraph shall require thc disclosure of information that is exempt from public records disclosure pursuant to state or fcderallaw. 16.0 General Liability lnsu.'ance. For thc Programs performed hercundcr, the Little League shall purchase and maintain, at its own cxpcnse, such general liability insurance to cover claims for damages because of bodily injury or death of any person or property damage arising in any way out of the Programs perfonned by the Little League under this Agreement. The insurance shall have minimum limits of covcrage of $1,000,000.00 per occurrence combined single limit for bodily injury liability aI1d property damage liability. All insurance coverage shall be with in.?urer(s) approved by the City and licensed by the State of Florida to engage in the business of writing of insurance. The City shall be named on the foregoing insurance policies as "additional insured." The Little League shall cause its insurance carriers to furnish insurance certificates and endorsements specifying the types and amounts of coverage in effect pursuant hereto, the expiration dates of such policies, and a statement that no insurance under such policies will be canceled without thirty (30) days prior written notice to the City in compliance with other provisions of this Agreement. If the City has any objection to the coverage afforded by or other provision of the insurance required to be purchased and maintained by the Little League in accordaI1ce with this paragraph on the basis of its not complying with the Agreement, the City shall notify the Little League in writing thereof within thirty (30) days of the date of delivery of such certificates and endorsements to the City. The Little League shall continuously maintain such insuraI1ce in the amounts, type, and quality as required by this paragraph. 17.0 Modification. Modifications of this Agreement shall only be made in writing signed by both parties. 18.0 Compliance With Laws. The Little League shall comply with all local, state, and federal laws and regulations that are applicable to the operation of its business and in the performance of any Program. TIle Little League acknowledges and agrees that it will take any and all reasonable and prudent steps necessary to be informed and advised of all applicable local, state, and federal laws and regulations affecting its business and performance of any Progranl. 19.0 Due Diligence. The Little League acknowledges that they have investigated prior to the execution of this Agreement aI1d satisfied themselves as to the conditions affecting the City's facilities that will or may be utilized by the Little League to conduct the Programs, the availability of materials and labor, the cost thereof, the requirements to obtain necessary insurance, permits, equipment, and the steps necessaIY to complete the Programs. The Little League warrants unto the City that they have the competence and abilities to carefully, professionally, and faithfully complete Page 5 of 8 the Programs in the mannL:r and within the time limits proscribed herein. The Little League will perform the Programs with due and reasonable diligence consistent with sound professional and labor practices. 20.0 Time is of the Essence. Time is of the essence of this Agreement. 21.0 Third Party Rights. This Agreement is not a third party beneficiary contract and shall not in any respect whatsoever create any rights on behalf of any party not expressly a party to this Agreement. 22.0 Further Assurances. From and after the execution of this Agreement, each of the parties hereto shall fully cooperate with each other and perforn1 any further act(s) and execute and deliver any further documents which may be necessary or desirable in order to carry out the purposes and intentions of this Agreement. -:.. 23.0 Severability. If any provision of this Agreement is held to be invalid, void, or unenforceable, the remaining provisions shall nevertheless remain in full force and effect, lll1less the absence of the invalid, void or unenforceable provision or provisions causes this Agreement to fail in its essential purposes. 24.0 Governing Law and Venue. This Agreement shall be construed and enforced in accordance with the laws of the State of Florida. The parties further agree that in any dispute between them relating to this Agreement, exclusive jurisdiction shall be in the trial courts located in Seminole County, Florida, for state actions and Orlando, Florida, for federal actions. Any objections as to jurisdiction or venue in such courts being expressly waived. 25.0 Attomey's Fees. In the event any litigation or controversy arises out of or in connection with this Agreement between the parties hereto, the prevailing party in such litigation or controversy shall be entitled to recover from the other party or parties all reasonable attorney's fees and paralegal fees, expenses and suit costs, including those associated with any appellate or post- judgment collection proceedings. 26.0 Non-Waiver. No delay or failure by either party to exercise any right under this Agreement, and no partial or single exercise of that right, shall constitute a waiver of that or any . other right, unless otherwise expressly provided herein. 27.0 Notices. Any notice, request, instruction, or other docLUnent to be given as part of this Agreement shall be in writing and shall be deemed given under the following circumstances: when delivered in person; or three (3) business days after being deposited in the United States Mail, postage prepaid, certified or registered; or the next business day after being deposited with a recognized overnight mail or courier delivery service; or when transmitted by facsimile or telecopy transmission, with receipt acknowledged upon transmission; and addressed as follows (or to such other person or at such other address, of which any party hereto shall have given written notice as Page G of 8 provided herein): To City: City or Winter Springs Atln: Parks And Rccrcation Dcpartmcnt Mr. Chuck Pula, Dircctor 1000 E. State Road 434 Wintcr Springs, Florida 32708 PH: (407)327-7110 FAX: (407)327-0018 To Little League: Winter Springs Little Leaguc, Inc. -:. 28.0 Counterparts. This Agreement may be executed in any number of counterparts, each of which when so executed and delivered, shall be an original; but such counterparts shall together constitute but one and the same instrument. 29.0 Standard of Care. In perfom1ing the Programs, the Little League shall use that degree of care and skill ordinarily exercised, under similar circumstances by reputable members of their professions practicing in the same or similar locality. The Little League shall take all necessary and reasonable precautions to protect the program participants and the public from being injured during the Programs. 30.0 Tcrmination. This Agreement may be terminated by either party with thirty (30) days written notice. If this Agreement is terminated by either party, the indemnification provision contained in paragraph 12.0 of this Agreement shall remain in full force and effect for any claims, losses, damages, personal injuries, or liability which may occur under this Agreement. The Little League shall also immediately pay all compensation due to the City pursuant to paragraph 8.0 of this Agreement and of the City has already collected said sums, the City shall repay a prorata share of the player donation based on the remaining contract term and repay the $6,000.00 donation unless the purchase or construction of the pitching and hitting practice cages required in paragraph 7.0 has not been conunenced within six (6) months of the date of this Agreement. 31.0 Little League Signatory. The W1dersigned person executing this Agreement on behalf of the Little League hereby represents and warrants that he has the full authority to sign the Agreement on behalf of the Little League and that he has the authority to fully bind the Little League to the terms and conditions set forth in this Agreement. 32.0 Intel'pI'ctation. The City cmd the Little League have participated in the drafting of all Page 7 or 8 " .. parts of this Agreement. As a rcsull, it is the intent of the parties that no portion of this Agreement shall be interpreted more harshly against either of the parties as the drafter. 33.0 Enti.'c Ag.'ccmcnt. The draning, execution, and delivery of this Agreement by the parties has been induced by no rcpresentations, statements, warranties, or agreements other than those expressed herein. This Agrecment reprcsents the entire and integrated Agreement between the parties and supersedes all prior negotiations, representations, or Agreements, either oral or written, and all such matters shall be deemed merged into this Agreement. 34.0 Sovereign lmmunity. Nothing contained in this Agreement shall be construed as a waiver of the City's right to sovereign immunity under Section 768.28, Florida Statutes, or other limitations imposed on the City's potential liability under state or federal law. 35.0 Use of Central Winds Park, Trotwood Park and Sunshine Park. The City and Little Acknowledge that the Little League will have priority use of the baseball/softball game t}elds at Central Winds Park and the practice baseball/softball fields at Trotwood Park and Sunshine Park for Little League's fall and spring games and practices which are initially submitted to the City prior to the start of each fall and spring season. The City and Little League also acknowledge that any requests made by Little League for game and practice fields submitted during a fall orspring season will be scheduled by the City on an as available basis. 36.0 No Guarantee by City. Nothing contained in this Agreement shall be COl1strued as a guaral1tee for the use of any City owned or maintained facility. The parties fully understand and agree that City owned or maintained facilities may not be suitable, at the discretiol1 of the City, for play or practice due to inclement weather, vandalism, emergencies, acts of God, hazardous conditions, or any other circumstance that the City deems could injure the participants or damage the facilities. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year written above. CITY: LITTLE LEAGUE CITY OF WINTER SPRINGS By ~/J1Jt/~ Ronald W. McLemore, City Manager WINTER SPRINGS LlTfLE LEAGUE, INC. By: ~d/MftUfd t/ r vZ) Date: 9' ./" 5-- - 0 u Date: Page 8 of 8 COMMISSION AGENDA ITEM G CONSENT X INFORMATIONAL PUBLIC HEARING REGULAR 7/10/2000 Meeting MGR. r IDEPT c.G Authorization REQUEST: The Parks and Recreation Department is requesting the City Commission to approve Resolution No. 2020 establishing fees to be paid by individuals or groups of youth and adult activities for exclusive use of fields at Central Winds park, Trotwood Park, Sunshine Park and Grizzly Field perc pond. PURPOSE: The purpose of this item is to receive Commission approval for Resolution No, 2020 which establishes new fees and charges, repeals Resolution No, 701, allows for Recreational Program Agreements and clarifies Parks and Recreation field usage and changes. CONSIDERATIONS: . The City Commission, at the January 10,2000 meeting, discussed Parks and Recreation field usage charges in regard to a usage request from Safehouse of Seminole County. · The City Commission, at the March 20, 2000 Parks and Recreation Workshop requested more information regarding fees and charges for field usages. · The City Commission received information at their June 26, 2000 meeting with included a draft fees and charges Resolution for field usage. · Winter Springs Parks and Recreation has operated Central Winds Park with no fees 1 ~..{~( . ~~ '(k "k;.:.-xJ "~- o ^- -CJlO( 00' D(t~l~" A- ')...~..'{~ ~:... for youth sports field users for almost eight (8) years, The current policy is as long as any youth sports organization or group has one (1) Winter Springs resident on any recreational based team, they were considered a community based organization and could use the fields at no charge. . Staff has computed the cost to maintain, supervise and for administrative overhead for the sports fields at $20,130,00 per field per year or $80,520.000 for all four (4) soccer fields. The total number of available game hours per year for all for soccer fields is 5,632, In order to cover this cost the fees charged would be $14,30 per hour, . The cost to maintain, supervise and for administrative overhead for the basebalVsoftball fields is also $20,130,00 per field per year or $80,520,00 for all four (4) basebalUsoftball fields. The total number of available game hours per year for all four fields is 8,448, In order to cover the cost the fees charged would be $9.53 per hour for all day use and $16,53 per hour for night use (lights are $7.00 per hour). . The total cost of all field maintenance is $161,040.00, Four (4) scenarios are shown on Attachment #1. Scenario I Continue to not charge for youth field usage, continue adult fees; revenue $5,000, Net field cost $156,040, Scenario 2 Execute partnerships only and do not adopt the resolution providing for charges for youth field usage and continue adult fees, Revenues $20,500,00 from partnerships and $5,000,00 from adult fees. Total revenues are $25,500,00 and net field cost is $135,540,00, Scenario 3 Execute partnerships and adopt the Resolution providing for charges for youth field usage and continue adult fees. Revenues $20,500.00 from partnerships, $5,000.00 from adult fees and $1,700.00 from other youth fees, Total revenues are $27,200,00 and net field cost is $133,840,00, Scenario 4 Do not execute partnerships, adopt the Resolution providing for charges for youth field usage and continue adult fees. Revenues from youth soccer are $33,500.00. Revenues from Little League are $16,300.00 and revenues from other youth fees are $1,700,00 and revenues from adult fees are $5,000,00, Total revenues are $56,500,00 and net field cost is $104,540.00, FUNDING: 2 None Required RECOMMENDATION: The best alternative is Scenario 3. Even though it provides less revenue than scenario 4, the partnerships provide insurance indemnification and the advantage of the City being involved in establishing standards for the program. IMPLEMENTATION SCHEDULE: July 11, 2000 New fees and charges in place. A TT ACHMENTS: Attachment #1 Scenarios Attachment #2- Resolution No. 2020 Attachment #3- Resolution No, 701 and Ordinance No. 635-A COMMISSION ACTION: Agenda1l8 3 RESOLUTION NUMBER 2000-20 A RESOLUTION OF THE CITY OF WINTER SPRINGS, FLORIDA, ESTABLISHING THE FEES TO BE PAID BY INDIVIDUALS OR GROUPS OF YOUTH AND ADULT ACTIVITIES FOR THE EXCLUSIVE USE OF FIELDS LOCATED AT CENTRAL WINDS PARK, TROTWOOD PARK, SUNSHINE PARK, AND GRIZZLY FIELD (PERC POND) PROVIDING FOR CONFLICT AND EFFECTIVE DATES. WHEREAS, the City Commission of the City of Winter Springs, Florida, has found it necessary to periodically review its fee schedules pertaining to activities and facilities within the City; and, WHEREAS, the City Commission of the City of Winter Springs, Florida has adopted Ordinance Number 635-A and Resolution Number 701 establishing fees and charges; and, WHEREAS, the City Commission of the City of Winter Springs, Florida, has determined that is needs to implement a new fee schedule. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA THAT: SECTION I: The following fee schedule pertaining to activities and facilities is Adopted as the official fee schedule for individuals, groups, youth and adults at Central Winds Park, Trotwood Park and Sunshine Park and Grizzly Field (perc pond): GAME FIELD RENTALS: PRACTICE FIELD RENTALS: Baseball/Softball without lights per hour Baseball/Softball with lights per hour Soccer without lights per hour Soccer with lights per hour $13.00 $20.00 $15.00 $22.00 Baseball/Softball per hour Soccer/Football per hour $10.00 $10.00 All rentals are based on a 2 hour minimum. The game field and practice field rental fees do not apply to those organizations that have entered into Recreational Program Agreements with the City. Those Agreements provide for financial compensation to the City. PARKS AND RECREATION DEPARTMENT CONDUCTED ADULT SOFTBALL, FLAG FOOTBALL AND BASKETBALL: Each Team Non-resident Per Game Per Player $32.00 $ 5.00 City of Winter Springs Resolution No. 2000-20 Page I of2 The team fees per game do not apply to those organizations that have entered into Recreational Program Agreements with the City. Those Agreements provide for financial compensation to the City. SECTION II: All baseball/softball fields and soccer fields at Central Winds Park shall be used only for team games and not for practices. The amphitheater area of Central Winds Park shall not be used for baseball/softball, soccer, football, or any other organized team games or practices. SECTION III: The following fee schedule for "unscheduled permitted use and non-use" of athletic baseball, softball, soccer, youth user organizations and groups was previously adopted by Ordinance No. 635-A and are hereby restated for convenience: BasebalVSoftball Baseball/Softball Soccer/F ootball Soccer/F ootball prior to 5 :OOpm after 5 :OOpm prior to 5 :OOpm after 5 :OOpm $34.00 $48.00 $38.00 $52.00 2 Hour Use 2 Hour Use 2 Hour Use 2 Hour Use If and when a City employee must extend their work schedule to accommodate an unscheduled use of facility. A staff labor service charge is adopted at being $8.00 per hour for part-time employees and $12.00 per hour for full-time employees for every hour or fraction thereof. SECTION IV: This Resolution shall remain in force and effect until supplemented, amended, repealed or otherwise altered. SECTION V: All Resolutions or parts of Resolutions in conflict with this Resolution are hereby repealed. Nothing contained herein is intended to amend, modify, or repeal any provision contained in Ordinance No. 635-A. SECTION VI: This Resolution shall take immediate effect upon adoption. Passed and adopted this 10th day of July , 2000. ATTEST: City of Winter Springs Resolution No. 2000-20 Page 2 of2 ATTACHMENT III SCENARIO I SCENARIO 2 SCENARIO 3 SCENARIO 4 FIELD COST $161,040 $161,040 $161,040 $161,.040 FIELD REVNUES Adult Sports 5,000 5,000 5,000 5,000 Partnerships -0- 20,500 20,500 -0- Youth Fees-Soccer -0- -0- -0- 33,500 Youth Fees-Little League -0- -0- -0- 16,300 Youth Fees-Other -0- -0- 1.700 1.700 5,000 25,500 27,200 56,500 NET FIELD COST $156.040 $135.540 $133.840 $104.580 CURRENT PARTNERSHIP ONLY PARTNERSHIPS FEE AND FEE SCHEDULE SCHEDULE ONLY ATTACHMENT II' ~ RESOLUTION NO. 701 A RESOLUTION Of TilE CITY OF WINTER SPRINGS', FLORIDA, FIXING TilE FEES TO BE PAID FOR THE USE OF CENTRAL WINDS PARK FOR ADULT ACTIVITIES; CONFLICTS AND EFFECTIVE DATE. WHEREAS, the City of Winter Springs, Florida, has determined that it needs to implement a Fee Schedule for the activities at Central Winds Park; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF TilE CITY OF WINTER SPRINGS, FLORIDA, THAT: SECTION I - the following fee schedule for the various activities at Central Winds Park is adopted as being the official Fee Schedule for Central Winds Park for adult activities: SOFTBALL LEAGUE UMPIRE 2 UMPIRE CO-ED SCOREKEEPER FACILITIES LIGHTS FIELD SUPER SUPPLIES * 2 UMPIRES PER GAME ** CO-ED LEAGUE USE ONE @12.00 Per 15.00 Per 6.00 Per 7.00 Per 12.50 Per 7.50 Per 2.50 Per Game* Game* Game Game Game Game Game UMPIRE PER GAME TOTAL $59.50 PER GAME EACH TEAM 10 GAMES NON RESIDENT 30.00 Per Game 300.00 Per Team 5.00 Per Season FIELD RENTALS BASEBALL/SOFTBALL SOCCER LIGHTS 10.00 Per Hour 15.00 Per Hour 7.50 Per Hour ***FIELDS ONLY FOR GAMES NOT FOR PRACTICE*** SECTION II - This Resolution shall remain in force and effect until supplemented, amended, repealed or otherwise altered. SECTION III - All Resolutions or parts of Resolutions in conflict with this Resolution are hereby repealed. SECTION IV - This Resolution shall take immediate effect upon its passage and approval. Passed and Adopted this 25th day of January, 1993. FLORIDA ATTEST: ~~-r~~) . TY CL RK ATTACHMENT 1/3 . ORDINANCE NO. 635-A AN ORDINANCE OF THE CITY OF WINTER SPRINGS, FLORIDA ESTABLISHING THE FEES AND ASSOCIATED LABOR CHARGES TO BE PAID BY COMMUNITY SERVING YOUTH USER ORGANIZATIONS AND GROUPS WHICH USE CITY ATHLETIC FACILITIES ON A PRESCHEDULED AND APPROVED BASIS AND DO NOT APPEAR FOR PREVIOUSLY APPROVED SCHEDULED GAMES OR APPEAR TO PLAY WHEN A GAME W AS NOT PREVIOUSLY SCHEDULED OR APPROVED; PROVIDING FOR CONFLICTS AND EFFECTIVE DATE. WHEREAS, the City Commissiqn of the City of Winter Springs, Florida has found it necessary to periodically review its fee schedules pertaining to activities, facility use and labor services within the City; and WHEREAS, the City Commission of the City of Winter Springs, Florida has determined that it needs to establish those fees to be paid by organizations or groups for the "use or non use" of athletic facilities and any additional labor charges. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, THAT: SECTION 1- The Fee Schedule for "unscheduled permitted use and non-use" of athletic baseball and softball facilities for youth user organizations and groups is hereby adopted as being thirty-four dollars ($34.00) per field prior to 5:00pm and forty-eight dollars ($48.00) per field after 5:00pm for a period of two (2) hours use. SECTION IT- The Fee Schedule for "unscHeduled permitted use and non-use" of athletic soccer facilities for youth user organizations and groups is hereby adopted as being thirty-eight dollars ($38.00) per field for a period of two (2) hours use. SECTION m- The Fee Schedule for staff labor service charges will be applied if and when an employee must extend their previously set work schedule in order to accommodate an unscheduled use of facilities is hereby adopted as being eight dollars ($8.00) per hour for part- time employees and twelve dollars ($12.00) per hour for full time employees for each hour or fraction of an hour. SECIlON1Y-= The "unscheduled permitted use and non-use" fees with any associated labor charges imposed to youth user organizations and groups are nonrefundable. SECI.lO..N...Y:: This Ordinance shall remain in force and effect until supplemented, " Ordinance No. 635-A Page 2 of2 amended, repealed or otherwise altered. The amount of fees charged by the City as provided in this Ordinance may be amended from time to time as deemed appropriate by the City by Resolution of the City Commission. SECTION VI- CONFLICTS-All Ordinances or parts of ordinances in conflict herewith being the same are hereby appealed. SECTION VIT- THE CITY shall require the payment of all applicable State and Federal tax es. SECTION VITT- SEVERABILITY-If any section or portion of a section or subsection of this ordinance proves to be invalid, unlawful or unconstitutional it shall not be held to invalidate or impair the validity, force or effect of any other section or portion of section or subsection or part of this Ordinance. SECTION IX- EFFECTIVE DATE-This ordinance shall become effective immediately upon its passage and adoption. PASSED AND ADOPTED THIS~DAY OF ~"(!~-<lJ ,1996. CITY OF WINTER SPRINGS, il'LORIDA ATTEST: ~~~~ C CLERK FIRST READING: November 11. 1996 POSTED: November 12, 1996 SECOND READING AND PUBLIC HEARING December 9, 1996