HomeMy WebLinkAbout2017 07 10 Consent 305 Recreation Program Agreement Winter Springs Youth Sports OrganizationCOMMISSION AGENDA
ITEM 305
REQUEST:
Informational
Consent
X
Public Hearings
Regular
July 10, 2017 KS CC
Regular Meeting City Manager Department
The Parks and Recreation Department is requesting the City Commission authorize the City
Manager to execute the attached Recreation Program Agreement, as prepared by the City
Attorney, between the City of Winter Springs and the Winter Springs Youth Sports
Organization. The term of Agreement commences on August 1, 2017, and ends on July 31,
2019.
SYNOPSIS:
The Winter Springs Youth Sports Organization, also known as Winter Springs Babe Ruth,
has provided youth baseball and softball to our residents for over 16 years. Their Board of
Directors are parents and business leaders who volunteer many hours to plan and organize a
very good youth sports program. Staff is requesting to continue this valuable partnership by
entering into another two year agreement.
CONSIDERATIONS:
• The Parks and Recreation Department has successfully partnered with the Winter
Springs Youth Sports Organization for over 16 years. This agenda item is to renew
the 2 year agreement.
• The Babe Ruth League Board has reviewed and is supportive of this renewal
agreement. There are no significant changes.
• The Winter Springs Babe Ruth has been conducting youth baseball /softball programs
for the youth in the Winter Springs area. Over eighty percent (80 %) of these
participants are Winter Springs residents. The league is excited about renewing the
agreement with the City of Winter Springs.
• The Parks and Recreation Department will continue to provide facilities owned by the
Consent 305 PAGE 1 OF 2 -July 10, 2017
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CITY OF WINTER SPRINGS
RECREATIONAL PROGRAM AGREEMENT
THIS RECREATIONAL PROGRAM AGREEMENT ( "Agreement"), made and entered
into this day of , 2017, by and between the CITY OF WINTER SPRINGS, a Florida
municipal corporation ( "City "), and WINTER SPRINGS YOUTH SPORTS, INC., a Florida non
profit corporation ( "Youth Sports ").
WITNESSETH:
WHEREAS, the City has certain recreational facilities available for use by the public; and
WHEREAS, Youth Sports 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 Youth Sports program, a non -profit
organization, to take place at the Central Winds Park, Trotwood & Sunshine Park, and 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,
2017, and end on July 31, 2019 ( "Initial Term "). This Agreement may be extended by mutual
agreement of the parties, subject to section 8.5, herein.
3.0 School Board Contract. The Youth Sports Organization hereby acknowledges 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. Youth Sports
agrees that its use of any facilities owned by the School Board is 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 Youth Sports. Youth Sports
shall provide and promote a baseball and softball program to enhance the existing recreational
programs offered by the City. The program shall include, but shall not be limited to, a fall and spring
Youth Sports for participants ages 4 through 18, a travel and tournament baseball /softball, 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, and
Recreational Program Agreement
City of Winter Springs / Winter Springs Youth Sports, Inc.
Page 1 of 9
special population programs. Special events shall include, but not be limited to, playoff games,
championship games, invitational games, fundraisers and tournaments. Unless otherwise provided in
this Agreement, the aforesaid programs shall hereinafter be referred to as "Programs." Youth Sports
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 Youth Sports 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 and provide a criminal
background check for the Youth Sports personnel; (ii) providing coaches, umpires, speakers,
competition officials, 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 for league play, all league, camp,
and clinic shirts shall recognize the City of Winter Springs Parks & Recreation Department; (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 Youth Sports and their guests, invitees, spectators, participants and personnel (clean-
up shall be completed as soon as possible after each Program); (ix) coordinating certification of
league coaches.
5.0 Certificates. Upon execution of this Agreement by the Youth Sports, and as a
continuing obligation hereunder, Youth Sports shall provide copies to the City of all local business
tax receipts, competency cards, or certificates necessary for the performance of the Programs, as
requested by the City.
6.0 Program Materials, Sale of Non -Food Items. Youth Sports shall be permitted to
distribute programs, pictures, advertising and other promotional materials regarding the Programs.
Youth Sports 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. Youth Sports 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. Youth Sports shall offer the Programs at the Central
Winds Park, Trotwood Park and Sunshine Park, and at other designated City owned or controlled
facilities that may be authorized by the City for use by Youth Sports. Youth Sports 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 Youth Sports to conduct the Programs,
the City and the Youth Sports acknowledge that the Youth Sports will have priority use of the
baseball/softball game and practice fields for Youth Sports 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
Youth Sports also acknowledge that any requests made by Youth Sports for game and practice fields
submitted during a fall or springs season will be scheduled by the City on an as available basis; and
(ii) include program information in City brochure, City social media and send out through e -mail
along with website links.
Recreational Program Agreement
City of Winter Springs / Winter Springs Youth Sports, Inc.
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8.0 Compensation. For the use of the City facilities and receipt of City services set forth
in paragraph 7.0 of this Agreement, Youth Sports agrees as follows:
8.1 Youth Sports shall pay the City Thirteen Thousand, Two - Hundred and Eighty
and no /100 Dollars ($13,280.00) annually ( "Annual Fee "). This Annual Fee shall include Spring and
Fall league play, two (2) inter - league tournaments, try -outs and clinics. In addition to the Annual
Fee, Youth Sports shall pay the City Four Hundred and no /100 Dollars ($400.00) for use of the
Mobile Modular Building. Further, Youth Sports shall pay any applicable rental fees for facilities
utilized for any additional tournaments or special events not covered by this Agreement.
8.2 Youth Sports shall pay the City Three Thousand and no /100 Dollars
($3,000.00) to be used toward facility upgrades and services no later than August 1st of each year.
8.3 The Annual Fee shall be paid to the City in two (2) Six - Thousand, Six -
Hundred and Forty and no /100 Dollar ($6,640.00) installments per year. The first installment shall
be due to the City on or before August 1st of each year and the second installment shall be due to the
City on or before February 1st of each year. The Mobile Modular Building fee shall be paid to the
City on or before February I" of each year. Failure to make payments within the time proscribed
shall result in a five percent (5 %) late fee being added to the payment amount.
8.4 The City and Youth Sports agree that the compensation set forth in this section
8.0 shall be subject to review and revision by the Winter Springs City Commission at the conclusion
of the first year of this Agreement. Any modification of the compensation due under this section
shall be evidenced in a written addendum to this Agreement executed by both parties.
8.5 The City and Youth Sports agree that in the event this Agreement is extended
by mutual agreement of the parties, Youth Sports may receive up to a five percent (5 %) annual
increase for each year after the Initial Term, in the sole discretion of the City.
9.0 Reimbursement of Expenses. Youth Sports shall reimburse the City for any and all
actual expenses incurred by the City in assisting Youth Sports regarding any Program offered by
Youth Sports including, but not limited to, field rental, and supervision /maintenance. The City will
provide Youth Sports a written invoice(s) itemizing these expenses and payment shall be made by
Youth Sports within thirty (30) days of receiving the invoice.
10.0 Disorderly Conduct, Alcohol and Controlled Substances. Youth Sports shall 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. Youth Sports shall
promote good sportsmanship to all Program participants. The City representative responsible for the
partnerships is the Athletic Coordinator, who has the authority and responsibility to investigate and
resolve complaints and other inquires from the public, suspend coaches, players or parents from
games or facilities, with the approval of the Parks & Recreation Director. The use of alcoholic
beverages or illegal controlled substances by Program participants and Youth Sports prior to, during,
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City of Winter Springs / Winter Springs Youth Sports, Inc.
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or after any Program shall be strictly prohibited.
11.0 Status Conferences and Participant Information. At the request of the City,
Youth Sports shall attend status conferences with the City for purposes of evaluating the status of
any Program and the terms and conditions of this Agreement. The date and time of the status
conferences shall be by mutual agreement of the parties. On March Pt of each year Youth Sports
shall provide a report to the City showing the total number of participants in the program and how
many are Winter Springs residents and how many are non - Winter Springs residents.
12.0 Independent Contractor, Hiring of Personnel. Youth Sports shall be considered an
independent contractor under this Agreement. Youth Sports 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. Youth Sports 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 Youth Sports' scheduling, permitting, promoting, maintaining, supervising, managing,
coordinating, and conducting any Program under this Agreement.
The indemnification provided above shall obligate Youth Sports 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 Youth Sports' performance under this
Agreement whether performed by Youth Sports, or anyone directly or indirectly employed,
controlled, supervised, or directed by Youth Sports. 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. Pursuant to Section 119.070 1, Florida Statutes and other applicable
public records laws, Youth Sports agrees that any records, documents, transactions, writings, papers,
letters, computerized information and programs, maps, books, audio or video tapes, films,
photographs, data processing software, writings or other material(s), regardless of the physical form,
characteristics, or means of transmission, of Youth Sports related, directly or indirectly, to the
services provided to the City under this Agreement and made or received pursuant to law or
ordinance or in connection with the transaction of official business by the City, may be deemed to be
a public record, whether in the possession or control of the City or the Youth Sports. Said records,
documents, transactions, writings, papers, letters, computerized information and programs, maps,
books, audio or video tapes, films, photographs, data processing software, writings or other
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City of Winter Springs / Winter Springs Youth Sports, Inc.
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material(s), regardless of the physical form, characteristics, or means of transmission of Youth Sports
are subject to the provisions of Chapter 119, Florida Statutes, and may not be destroyed without the
specific written approval of the City's designated custodian of public records.
IF THE YOUTH SPORTS HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE YOUTH
SPORTS' DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS
AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, THE
CITY CLERK, AT (407) 327 -5955,
_ CITYCLERKDEPARTMENT (c(�WINTERSPRINGSFL.ORG,1126 EAST STATE
ROAD 434, FLORIDA 32708.
Youth Sports is required to and agrees to comply with public records laws. Youth Sports shall keep
and maintain all public records required by the City to perform the services as agreed to herein.
Youth Sports shall provide the City, upon request from the City Clerk, copies 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 by law. Youth Sports shall 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 Agreement term. Upon completion of the Agreement,
Youth Sports shall transfer to the City, at no cost, all public records in possession of the Youth
Sports, provided the transfer is requested in writing by the City Clerk. Upon such transfer, Youth
Sports shall destroy any duplicate public records that are exempt or confidential and exempt from
public records disclosure requirements. However, if the City Clerk does not request that the public
records be transferred, the Youth Sports shall continue to keep and maintain the public records upon
completion of the Agreement and shall meet all applicable requirements for retaining public records.
All records stored electronically must be provided to the City, upon request from the City Clerk, in a
format that is compatible with the information technology systems of the City. Should the City not
possess public records relating to this Agreement which are requested to be inspected or copied by
the City or any other person, the City shall immediately notify Youth Sports of the request and the
Youth Sports shall then provide such records to the City or allow the records to be inspected or
copied within a reasonable time. If the Youth Sports does not comply with a public records request,
the City may enforce this Section to the extent permitted by law. Youth Sports acknowledges that if
the Youth Sports does not provide the public records to the City within a reasonable time, the Youth
Sports may be subject to penalties under Section 119.10, Florida Statutes. The Youth Sports
acknowledges that if a civil action is filed against the Youth Sports to compel production of public
records relating to this Agreement, the court may assess and award against Youth Sports the
reasonable costs of enforcement, including reasonable attorney fees. All public records in connection
with this Agreement shall, at any and all reasonable times during the normal business hours of the
Youth Sports, be open and freely exhibited to the City for the purpose of examination, audit, or
otherwise. Failure by Youth Sports to grant such public access and comply with public records laws
and /or requests shall be grounds for immediate unilateral cancellation of this Agreement by the City
upon delivery of a written notice of cancellation. If the Youth Sports fails to comply with this
Section, and the City must enforce this Section, or the City suffers a third party award of attorney's
fees and /or damages for violating Chapter 119, Florida Statutes, due to Youth Sports' failure to
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City of Winter Springs / Winter Springs Youth Sports, Inc.
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comply with this Section, the City shall collect from Youth Sports prevailing party attorney's fees
and costs, and any damages incurred by the City, for enforcing this Section against Youth Sports.
And, if applicable, the City shall also be entitled to reimbursement of all attorneys' fees and damages
which the City had to pay a third party because of the Youth Sports' failure to comply with this
Section. The terms and conditions set forth in this Section shall survive the termination of this
Agreement.
16.0 General Liability Insurance. For the Programs performed hereunder, Youth Sports
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 Youth Sports 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." Youth Sports 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 Youth Sports in accordance with this paragraph on the basis of its not complying
with the Agreement, the City shall notify Youth Sports in writing thereof within thirty (30) days of
the date of delivery of such certificates and endorsements to the City. Youth Sports 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. Youth Sports 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. Youth Sports 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. Youth Sports 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 Youth Sports 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. Youth Sports 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. Youth Sports 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.
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City of Winter Springs / Winter Springs Youth Sports, Inc.
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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 as
provided herein):
To City: City of Winter Springs
Attn: Parks And Recreation Department
Chris Caldwell, Director
1126 E. State Road 434
Winter Springs, FL 32708
PH: (407) 327 -6599
Recreational Program Agreement
City of Winter Springs / Winter Springs Youth Sports, Inc.
Page 7 of 9
FAX: (407) 327 -4763
To Youth Sports: Winter Springs Youth Sports, Inc.
Brian Scales
754 Willoughby Court
Winter Springs, FL 32708
PH: (407) 340 -2209
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, Youth Sports 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. Youth Sports 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 13.0 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. Youth Sports
shall also immediately pay all compensation due to the City pursuant to paragraph 8.0 of this
Agreement.
31.0 Youth Sports Signatory. The undersigned person executing this Agreement on
behalf of Youth Sports hereby represents and warrants that he has the full authority to sign the
Agreement on behalf of Youth Sports and that he has the authority to fully bind Youth Sports to the
terms and conditions set forth in this Agreement.
32.0 Interpretation. The City and Youth Sports 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 have 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. Notwithstanding any other provision set forth in this
Agreement, 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. As such, the City shall not be liable under this
Agreement for punitive damages or interest for the period before judgment. Further, the City shall
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City of Winter Springs / Winter Springs Youth Sports, Inc.
Page 8 of 9
not be liable for any claim or judgment, or portion thereof, to any one person for more than two
hundred thousand dollars ($200,000.00), or any claim or judgment, or portion thereof, which, when
totaled with all other claims or judgments paid by the State or its agencies and subdivisions arising
out of the same incident or occurrence, exceeds the sum of three hundred thousand dollars
($300,000.00). This paragraph shall survive termination of this Agreement.
35.0 Use of Central Winds Park, Trotwood Park and Sunshine Park. The City and
Youth Sports acknowledge that Youth Sports will have priority use of the baseball /softball game
fields at Central Winds Park and the practice baseball /softball fields at Trotwood Park and Sunshine
Park for Youth Sports' fall and spring season. The City and Youth Sports also acknowledge that any
requests made by Youth Sports 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, lightning, 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:
City of Winter Springs,
a Florida municipal corporation
Kevin Smith, City Manager
Date:
YOUTH SPORTS:
Winter Springs Youth Sports, Inc.,
a Florida non profit corporation
Brian Scales, President
Date:
Recreational Program Agreement
City of Winter Springs / Winter Springs Youth Sports, Inc.
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