R24-329 1 RESOLUTION NO. R24-329
2
3 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON
4 BEACH, FLORIDA, APPROVING THE SPORTS PROVIDER FACILITY USE
5 AGREEMENT FOR LITTLE LEAGUE PARK BETWEEN THE CITY AND
6 BOYNTON BEACH LITTLE LEAGUE, INC.; AND FOR ALL OTHER
7 PURPOSES.
8
9 WHEREAS, the City is the owner of the real property known as Little League Park, located
10 at 300 W. Woolbright Road, Boynton Beach, Florida; and
11 WHEREAS, Little League Park includes four lighted and fenced ballfields with scoreboards
12 and bleachers, two tee-ball fields, a pitching bullpen area, seven batting cages, two storage sheds,
13 a picnic pavilion with tables and benches, a concession stand building, a restroom with storage
14 area attached, clay and sand storage bins, a Casey walkway, and a parking area (collectively the
15 "Ballfields"); and
16 WHEREAS, the Ballfields are available for use by the public; and
17 WHEREAS, Boynton Beach Little League, Inc. ("BBLL") brought a claim for injunctive relief
18 and damages stemming from an alleged breach of contract against the City in the Fifteenth
19 Judicial Circuit, In and For Palm Beach County, Florida, Case No. 502024CA000517XXXAMB; and
20 WHEREAS, Boynton Beach Little League, Inc. ("BBLL"), d/b/a East Boynton Beach Little
21 League, is desirous of offering youth baseball sports leagues at the Ballfields; and
22 WHEREAS, the City is willing to permit BBLL to utilize the City's Ballfields to operate a
23 youth baseball sports league subject to the terms and conditions outlined in the Agreement and
24 upon dismissal of the above-referenced lawsuit; and
25 WHEREAS, the City Commission, upon the recommendation of staff, has deemed it in the
26 best interests of the City's citizens and residents to approve the Sports Provider Facility Use
27 Agreement for Little League Park between the City and Boynton Beach Little League, Inc., in
28 exchange for dismissal of the above-referenced lawsuit.
29
30 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON
31 BEACH, FLORIDA, THAT:
32 SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
33 being true and correct and are hereby made a specific part of this Resolution upon adoption.
34 SECTION 2. The City Commission of the City of Boynton Beach, Florida, does hereby
35 approve the Sports Provider Facility Use Agreement for Little League Park between the City and
36 Boynton Beach Little League, Inc. (the "Agreement"), in form and substance similar to that
37 attached as Exhibit A.
38 SECTION 3. The City Commission of the City of Boynton Beach, Florida, hereby
39 authorizes the Mayor to execute the Agreement. The Mayor is further authorized to execute any
40 ancillary documents required under the Agreement or necessary to accomplish the purposes of
41 the Agreement and this Resolution.
42 SECTION 4. The City Clerk shall retain the fully executed Agreement as a public record
43 of the City. A copy of the fully executed Agreement shall be provided to Deputy City Manager
44 Andrew Mack, City Attorney Shawna Lamb, and Deputy City Attorney Stacey Weinger to forward
45 to BBLL.
46 SECTION 5. This Resolution shall take effect in accordance with law.
47
48
49
50
51
52 [SIGNATURES ON THE FOLLOWING PAGE]
53
54 PASSED AND ADOPTED this /7 day of'CQ. .( 2024.
55 CITY OF BOYNTON BEACH, FLORIDA
56 YV NO
57 Mayor—Ty Penserga
584tbSeA4"
59 Vice Mayor—Aimee Kelley
60
61 Commissioner—Angela Cruz
62 I/
63 Commissioner—Woodrow L. Hay
64
65 Commissioner—Thomas Turkin ✓
66
67 VOTE
68 ATTE:T:
69
70 4 _.` 1 ' ` / , /i Zi/
71 Maylee if- us, MPA, C I Be e .a
72 City Cler M., •
73
74 APPROVED AS TO FORM:
75 (Corporate Seal)
76 ;:"yoF o°oNTo2��
77 R9r•.61�I Aadr.)44 )404
78 S •,• Stet J' ; Shawna G. Lamb
79 i : I V CoRpolix _5 City Attorney
19• 20
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CITY OF BOYNTON BEACH SPORTS PROVIDER FACILITY USE AGREEMENT
(LITTLE LEAGUE PARK)
THIS SPORTS PI 4 DER FA ILITYY UUSSE AGREEMENT ("Agreement") is made
and entered into this day of 2024, by and between the CITY OF
BOYNTON BEACH, FLORIDA, a municipal corporation, organized and existing under
the laws of the State of Florida, hereinafter referred to as "City," and BOYNTON BEACH
LITTLE LEAGUE, INC., a Florida not-for-profit corporation, hereinafter referred to as
"BBLL" or "Provider."
WITNESSETH:
Whereas, City is the owner of the real property known as Little League Park,
located at 300 W. Woolbright Road, Boynton Beach, Florida; and
Whereas, Little League Park includes four lighted and fenced ballfields with
scoreboards and bleachers, two tee-ball fields, a pitching bullpen area, seven batting
cages, two storage sheds, a picnic pavilion with tables and benches, a concession stand
building, a restroom with storage area attached, clay and sand storage bins, a Casey
walkway, and a parking area (collectively the "Ballfields"); and
Whereas, the Ballfields are available for use by the public; and
Whereas, BBLL is desirous of offering youth baseball sports leagues at the
Ballfields; and
Whereas, the City is willing to permit BBLL to utilize the City's Ballfields to operate
a youth baseball sports league subject to the terms and conditions outlined in this
Agreement.
Now, therefore, in consideration of the mutual covenants and provisions hereof,
and other good and valuable consideration, the receipt and sufficiency of which are
hereby acknowledged, the parties agree as follows:
1.0 RECITALS
The foregoing recitals are true and correct and are hereby incorporated into this
Agreement by reference.
2.0 PERMITTED USE AND NO PROPERTY INTEREST
a) Provider shall be allowed to utilize the Ballfields to organize, coordinate, and
implement fall (August 1 — December 14), spring (January 1 — May 14), and spring
all-stars, youth recreational league baseball practices, games, an opening and
closing ceremony for each season, one annual (1) fundraiser, and one annual (1)
tournament on dates and times permitted by the City, subject to the terms of this
Page 1 of 26
BBLL Agreement 12/16/24(SRW)
Agreement. For purposes of this Agreement, youth recreation baseball is defined
as baseball activities for participants 16 years of age and under. All usage of the
Ballfields is subject to the City's advance written approval. Specific dates & times
for the Provider's use of the Ballfields will be determined annually by the parties in
accordance with this Agreement.
b) Field Use Priority. Subject to full compliance with all terms and conditions set forth
herein, the City shall process concurrent applications for Ballfield field use permits
in accordance with the following priority classification system:
i. City sponsored events or programming (as defined in Section 2(1));
ii. Youth sports programming permitted pursuant to this Agreement;
iii. Other recognized Sports Provider youth sports programming under other
agreements between City and third parties;
iv. Adult sports programming; and
v. Other City-permitted field rentals. All field rentals must be permitted by City.
BBLL will not be allowed to permit third-party use of the Ballfields at any
time.
c) Concession Stand Building. Provider may utilize the City's concession stand
building located at the Ballfields during dates and times authorized by the City.
Provider shall submit permit requests for use of the concession stand building.
d) Any use not specified above is prohibited unless approved in writing by the City.
e) Property Interest. The Provider acknowledges and agrees that this Agreement
does not create or convey any property interest in the Ballfields to the Provider.
This Agreement grants only a temporary ability to use the Ballfields, subject to the
City's approval, as specified herein. The Provider has no leasehold or other
property interest in the Ballfields and no right to exclusive possession or use of any
portion.
f) Ownership of Fields. The City retains all ownership rights and interests in the
Ballfields. The City reserves the right to access the Ballfields at any time and to
revoke or modify the Provider's permission to use the Ballfields in accordance with
the terms of this Agreement.
g) Field Maintenance. The parties acknowledge that it may be necessary to shut
down the Ballfields during periods of the year for field restoration and maintenance.
The City will provide BBLL with no less than thirty (30) days notice of scheduled
field shutdown period. BBLL must coordinate the schedule for each season with
the Recreation & Parks Department to accommodate these planned field
shutdowns. City reserves the right to shut down the fields as may be necessary to
conduct unplanned, emergency maintenance. City will endeavor to provide BBLL
as soon as reasonably possible of any occurrence resulting in a requirement for
emergency maintenance. Any field shutdown or field unavailability due to
Page 2 of 26
BBLL Agreement 12/16/24(SRW)
emergency maintenance shall not constitute a breach of this Agreement by the
City.
h) Future Changes to Ballfields. At its sole discretion, the City may make changes to
the Ballfields, including but not limited to modifications, renovations, or repurposing
of any part of the Ballfields. The City will provide a minimum of thirty (30) days
courtesy notice to the Provider before a City Commission meeting at which
substantial changes that may affect the Provider's use of the Ballfields will be
considered. Provider may provide written comments regarding the proposed
changes within fifteen (15) days of receipt of such notice from the City. However,
the Provider acknowledges and agrees that it has no right of refusal or decision-
making authority to any such changes.
i) Field 1 Use; Compliance with Athletic Angels Agreement. Provider recognizes that
the City has a Sports Facility Use Agreement with Athletic Angels Foundation, Inc.
(the "Athletic Angels Agreement") in place regarding the operation and
maintenance of the portion of the Ballfields known to the parties as "Field 1." The
Provider's use of Field 1 is subject to and must comply with the Athletic Angels
Agreement, as may be amended from time to time, and any field use permit
agreement that may be entered into between Provider and Athletic Angels and
applicable field use regulations. Provider shall comply with the field use application
process required under the Athletic Angels Agreement, and any field use permit
agreement that may be entered into between Provider and Athletic Angels, for
Provider's use of Field 1. The Provider acknowledges that the Provider's use of
Field 1 may be subject to change or restriction based on amendments to the
Athletic Angels Agreement.
j) Additional Events, Separate Approval Required. The parties expressly
acknowledge that any additional events, fundraisers, ceremonies, tournaments,
and clinics hosted by Provider, other than those uses expressly outlined in Section
2(a) above, are not the subject of this Agreement, and all such events must be
separately applied for and permitted by the City. Additionally, Provider shall obtain
any required permits for additional equipment brought to the Ballfields (such as
bounce houses, food trucks, tents, stages, etc.) that are ancillary to an authorized
use. Provider is responsible for submitting the applicable permit application(s) and
payment of any applicable fees in accordance with the City's then-current fee
schedules.
k) No Private Use of Fields. Provider shall not promote or solicit for any privately
owned business at the Ballfields. Provider may not use the Ballfields to conduct
personal business, including workshops, clinics, seminars, camps, or any other
activities outside the permitted scope described in Section 2(a) above. It is further
understood that any such action(s) may result in immediate termination of this
Agreement.
Page 3 of 26
BBLL Agreement 12/16/24(SRW) ��
I) Provider's right to utilize the Ballfields is subject to compliance with the terms of
this Agreement and field availability. The parties agree that City programming,
defined as any activity that is operated by the City and includes any City events,
shall have first priority for use of the Ballfields.
3.0 FEES AND PAYMENT
a) Field Usage Fees. Provider must pay a Player Fee equal to 15% of the base
registration fee per season per participant. This fee covers all season permits/use
fees for Provider's use of the Ballfields for the purposes described in Section 2(a).
No further fees are contemplated for those uses; however, Provider acknowledges
that it shall be required to obtain the permits and pay the applicable fees for
additional events or ancillary required permits, as described in Section 2(j).
b) Payment Due Date. All Field Usage Fees shall be forwarded to the City in one
lump sum within fourteen (14) days of the season start date (the earliest date of
the first practices, games, or other activities). The parties acknowledge that rosters
may change, and registration may continue for up to three (3) weeks after the
commencement of a season. In the event of such ongoing registration, the
Provider shall submit a supplemental payment to the City within thirty (30) days of
the start of the season. A copy of the roster described in Section 4(a)(xi) shall
accompany the payment.
c) Late Payments. Late payments will incur a fee of 8% of the outstanding amount
per day overdue.
d) Damages and Suspension for Non-Payment.
A written warning will be issued if payment is not received within 10 days of
the due date.
ii. If payment remains outstanding five (5) days after the written warning,
Provider shall pay to City liquidated damages in the amount of One
Thousand Dollars ($1,000.00). The parties acknowledge and agree that: (i)
actual damages arising from late payment would be difficult to ascertain
with certainty; (ii) this amount represents a reasonable estimate of City's
potential loss of permit revenue from third parties; and (iii) this sum
constitutes liquidated damages and not a penalty..
iii. If payment remains outstanding for 30 days after the liquidated damages
amount is applied, the Provider's right to use the Ballfields will be
suspended, and any approved permits shall be deemed revoked and void
until all outstanding amounts, including late fees and damages, are paid in
full.
Page 4 of 26
BBLL Agreement 12/16/24(SRW)
iv. At the City's sole discretion, repeated instances of late payment may result
in the termination of this Agreement.
e) Resumption of Use of Ballfields.
i. Once all outstanding amounts are paid, the Provider may resume using the
Ballfields according to any approved permits.
ii. The City reserves the right to require a security deposit of$5,000.00 before
reinstating the Provider's use of the Ballfields following a suspension.
4.0 PROVIDER RESPONSIBILITIES
a) Submission of Required Documentation. At the commencement of each season,
before the start of any practices, games, or other activities for the season, or such
other date designated below, Provider shall:
i. Provide proof of compliance with all federal, state, and local laws,
ordinances, rules, and regulations, including, but not limited to, all
background checks, fingerprinting, and certification requirements
established by Florida law and otherwise required by this Agreement; and
ii. Provide written confirmation that all coaches and volunteers have
completed the CDC Concussion training for youth sports or a sport-specific
alternative (such as USA Baseball "Diamond Leader" and "Abuse
Awareness" certifications).
iii. Provide a copy of BBLL's current organizational by-laws, policies, and
procedures, and shall provide updated copies to the City within five (5) days
after adopting any amendments.
iv. Provide a current list of BBLL's Board of Directors, including names,
positions, phone numbers, email addresses, and addresses.
v. Provide a current list of coaches, including names, phone numbers, email
addresses, and addresses, at least one week before the start of the season.
vi. Provide proof of Liability Insurance as Section 7 of this Agreement requires.
vii. Provide a copy of discipline guidelines for players, coaches, parents, board
members, and volunteers.
viii. Provider shall adopt and strictly enforce a Players and Coaches Code of
Conduct as applicable to all officers, coaches, parents, volunteers, and
players. A copy of the code of conduct shall be provided to the City. The
code of conduct shall include minimum guidelines to discipline any member
Page5of26
BBLL Agreement 12/16/24(SRW) v'
for violating the Code of Conduct. Provider agrees to maintain standards of
conduct and disciplinary penalties and/or action as may be necessary to
ensure a safe and amicable environment for participants, spectators,
guests, invitees and other Ballfields patrons. Provider shall provide written
verification that all officers, parents, coaches, volunteers, and players have
signed the Code of Conduct agreement with BBLL.
ix. BBLL must be maintained as a not-for-profit organization and must comply
with all regulations, as may be amended, required to maintain said status.
BBLL shall provide proof of its current not-for-profit status.
x. BBLL shall comply with all applicable and governing provisions of the
Internal Revenue Code and provide the Director of Recreation and Parks
with a copy of all annual IRS filings within 30 days after filing. Upon request,
BBLL shall provide City with copies of BBLL's financial statements,
including, but not limited to, Year End Balance Sheet, Cash Flow Report,
Tax Returns, Provider's proposed next year operating budget, financial
information of each Provider's programs (i.e., recreational and
travel/competitive separately), or the annual gross revenue that the
Provider receives from concession service.
xi. Provider shall provide a roster of all registered participants, including
names, addresses, and amounts paid, no later than the Payment Due Date
set forth in Section 3.0(b) above. At its sole discretion and expense, the City
may require a certified financial audit. The City will determine the scope of
such an audit if required.
b) Residency Requirements; Waitlists. Provider shall comply with the following:
Participants.
1. Provider shall ensure that all participants reside or attend school within
the eligible boundaries for participation in Provider's league. The parties
acknowledge that Little League National has established these
boundaries and related requirements.
2. Resident Fee Discount Incentive. Provider shall receive a 5% reduction
on Field Usage Player Fees, as described in Section 3(a), for Boynton
Beach resident participants during any season in which Boynton Beach
residents constitute 51% or more of total program enrollment.
ii. Board Members. The City will allow the Provider to maintain its current
Board composition as a grandfathered arrangement. During the Initial Term
of the Agreement, the Provider is granted a transitional period to establish
a board that meets the residency requirements specified below.
Page 6 of 26
BBLL Agreement 12/16/24 (SRW)
1. Board Composition Requirement:
a. City of Boynton Beach residents shall comprise a minimum of 51%
of board members (the "Residency Requirement").
b. Current board composition is temporarily permitted during the Initial
Term.
2. Initial Compliance Period:
a. Provider has the entire Initial Term to restructure its board to comply
with the Residency Requirement.
b. Compliance with the Residency Requirement must be achieved
before the end of the Initial Term.
3. Consequences of Non-Compliance:
a. Failure to meet the Residency Requirement by the end of the Initial
Term will constitute a breach of the Agreement.
b. If Provider fails to meet the Residency Requirement during the Initial
Term, the City reserves the right to non-renew the Agreement for
cause, as outlined in Sections 8.0 and 9.0.
4. Ongoing Compliance Obligation:
a. After the Initial Term, any future failure to maintain board composition
in accordance with the Residency Requirements will be considered
a breach of this Agreement.
b. In the event of such breach, the City may exercise its right to
terminate the Agreement for cause, as specified in Section 9.0.
iii. Residency Verification. Provider shall verify residency (with a utility bill or
mortgage statement) and shall provide the City with a sworn statement
certifying the residency breakdown for participants and board members for
each season.
iv. Registration Wait Lists. Following the end of the official registration period,
the Provider will establish two distinct sign-up waiting lists. One list will be
for residents and the second for non-residents. With each available opening
on a team, the resident's waiting list will be exhausted before contacting any
non-resident. Further, the resident list shall be exhausted in the following
order: (a) first: prior participants in the program; and (b) second: persons
who have not previously participated.
c) Coordination with City and BBLL Board Meetings.
Provider shall appoint one (1) liaison from their board and one (1) alternate
liaison to be the official spokesperson for the BBLL. All communication with
Page 7 of 26
BBLL Agreement 12/16/24(SRW)
the City should be through this designated liaison.
ii. The Provider's Liaison shall schedule quarterly meetings with the City
Recreation and Parks Director/staff, Public Works Director/staff, and/or City
Management staff, as directed by the City, to ensure routine communication
and updates.
Provider shall host all board meetings on City property,
ii. Provider shall submit Field 1 usage requests in accordance with the terms
and conditions of the Athletic Angels Agreement, and any field use permit
agreement entered into between Provider and Athletic Angels.
iii. Failure to submit the season calendar or field usage requests in accordance
with this section in a timely manner may result in a delay in holding the
scheduled game(s) or events. The City shall have no liability for any such
delays or rescheduling required due to such delays.
iv. Provider must display City-granted permits on-site during approved field
reservations.
d) Equipment Storage and Ballfield Maintenance.
Provider shall store only equipment and supplies related to the baseball
program's operations in storage space designated by the City.
ii. Provider is responsible for restoring the Ballfields to their pre-reservation
condition, including cleaning of items including, but not limited to, collection
of debris, waste, and recycling, and placing such in designated
containers/locations, after each permitted use.
iii. Provider is responsible for all field lining after the City completes initial pre-
use linings.
iv. Provider shall not make, or permit to be made any structural changes,
perform any maintenance, or make any improvements to the Ballfields,
except upon written approval of the City. Any changes or improvements
approved by the City shall remain as part of the Ballfields and the property
of the City upon the expiration or termination of this Agreement.
v. BBLL shall submit all facility improvement and/or repair requests in writing
to the Recreation and Parks Director or designee. Recreation and Parks
Director or designee will route the request through appropriate City
personnel
Page 8 of 26
BBLL Agreement 12/16/24(SRW)
vi. Provider shall cover the pitching mounds on Fields 2 and 3 after each use.
e) Concession Stand Usage. Provider will be allowed to utilize the City's concession
stand building at the Ballfields on dates and times authorized by the City. Provider
will be responsible for all inventory, maintaining cleanliness and food safety, and
complying with all relevant health regulations, and all related costs. Provider is
responsible for all staffing and inventory. Additionally, the Provider must ensure
proper clean-up of the concession stand building after each use, including the
removal of all trash and recyclables to designated disposal areas, and ensuring
the Ballfields are free from paper and debris accruing from the operation of the
concession stand. Provider must also adhere to all City safety protocols, including
fire safety measures, proper storage of hazardous materials, and maintaining clear
emergency exit paths. The Provider shall provide appropriate safety training to all
staff and volunteers and maintain necessary safety equipment at the concession
stand building. The City retains the right to assign concession stand usage to third
parties to accommodate other activities at the Ballfields.
f) Damage / Reporting Requirements.
Provider shall notify the Recreation & Parks Department of any known or
observed damage, vandalism, needed repairs, or safety issues at the
Ballfields as soon as possible, not later than the next day.
ii. In the event of any damage outside of normal wear and tear caused by the
Provider or any of its employees, volunteers, coaches, referees, and
participants, the Provider shall be responsible for restoring the Ballfields or
any other damaged area to its pre-existing condition before the damage.
iii. The Provider shall immediately notify the Recreation & Parks Department
of any alcoholic beverages and/or illegal drugs known to be consumed on
the Ballfields.
g) Other Responsibilities.
Provider shall be solely responsible for all costs and/or expenses
associated with, or as a result of, the operation of its programs under this
Agreement and further agrees that it shall be responsible for obtaining any
and all licenses, permits, or certificates required to operate under this
agreement, including the cost associated therewith.
ii. Provider shall provide all instructors, employees, coaches, volunteers, and
program staff necessary to operate the baseball program.
iii. BBLL Board and Committee Members shall not sit on the board or
committee of any other organization that has a Sports Provider Agreement
with or rents any field/court space from the City. Notwithstanding the
Page 9 of 26
BBLL Agreement 12/16/24(SRW)
5�
foregoing, BBLL Board and Committee Members may sit on the board of
Boynton Beach Blaze Baseball.
iv. Provider shall be solely responsible for providing all necessary operational
equipment and supplies to successfully run the baseball program (i.e.,
helmets, bats, catcher's gear, baseballs, gloves, uniforms).
v. Provider shall maintain complete and adequate accounting records
documenting all fees, revenue, expenses, and changes associated with
BBLL's operation of the baseball program.
vi. Provider will establish guidelines for scholarships or financial assistance
that are equivalent to the City's established policies, at a minimum.
vii. The Provider will inform the City of any Board member changes at least
thirty (30) days before the change goes into effect or the earliest reasonable
notice if less than thirty (30) days are available.
viii. Provider shall adhere to the City's inclement weather policies and
procedures.
ix. Provider shall comply with all applicable statutes, ordinances, rules, orders,
regulations, and requirements of all local, City, state, and federal agencies,
including all City Ballfield rules and regulations as they may be modified
from time to time.
x. Provider shall not discriminate against any person on the basis of race,
color, religion, sexual orientation, gender, or gender identity in its use of the
Ballfields.
xi. Provider recognizes that when field use permits are issued by the City, a
specific field is reserved for the Provider to the exclusion of others.
Recognizing this exclusivity, Provider shall only reserve the Ballfields for
dates and times intended for its use, and Provider shall reserve field space
only for BBLL's own usage. Provider does not have the authority to
sublease the Ballfields to any other group or organization, including, but not
limited to, sports camps and private instructors. Sports camps, private
instructors, tournaments, etc., shall contract directly with the City. BBLL's
insurance policy must cover all activities programmed by BBLL, and the City
must be listed as an additional insured. Nothing contained in this Agreement
shall limit the City's right or ability to lease or permit the Ballfields, or any
portion thereof, to a third party for an activity or event approved by the City,
provided, however, that such event or activity shall not conflict with BBLL's
approved and permitted use of such facility.
Page 10 of 26
BBLL Agreement 12/16/24(SRW)
xii. Provider shall have a designated supervisor on site who thoroughly
understands the activities and uses of the Ballfields pursuant to this
Agreement, who shall, as the Provider's agent, supervise, direct, and
otherwise conduct the activities and use of the property under this
Agreement. Provider's agents, representatives, volunteers, and employees
shall serve the public in a courteous, helpful, and impartial manner. Provider
shall, upon receipt of a written request from the City, immediately exclude
any volunteer of Provider from providing services under this Agreement
5.0 CITY RESPONSIBILITIES
a) The City shall be responsible for the operation and maintenance of the irrigation
system.
b) The City shall be responsible for maintaining all areas of Ballfields to provide safe
field conditions for all park patrons. Maintenance shall include, but not be limited
to, chalking infield foul lines, painting outfield lines, mowing, landscaping, and
servicing the common ground areas.
c) The City will allow Ballfields to be used only when field conditions are deemed safe
and when used, will not create unacceptable damage to the fields. If Ballfields are
considered unsafe and unplayable, they will be closed upon the determination of
the Recreation and Parks Director or designee. The City may limit, if necessary,
the use of the Ballfields to prevent overuse, misuse, or abuse of the facilities,
subject to the City's sole discretion.
d) On weekdays, the City will assess field conditions within 2 hours before reservation
times. On weekends, the City will assess field conditions upon the arrival of
maintenance staff. The Recreation and Parks Director or designee will notify the
BBLL of potential field closures.
e) The City will ensure that the parking areas are properly lighted.
f) The City will secure bleacher coverings/canopies and baseline netting before any
major weather event requiring activation of the City's Emergency Operations
Center.
g) Coordinate Field 1 usage requests from the Provider to Athletic Angels, to the
extent required by the Athletic Angels Agreement.
h) Payment of Bills. The City shall be responsible for payment of the following bills for
services at the Ballfields:
i. Utility bills associated with potable water and wastewater for the public
restrooms, Utility Account Number 225489-22700.
ii. All costs associated with the collection and disposal of solid waste.
Page 11 of 26
BBLL Agreement 12/16/24(SRW)
iii. Utility bills associated with reclaimed water, Utility Account Number
138157-102706.
iv. All energy charges for the Ballfield lighting (FPL Meter PY24X11), the
concession building, and any other electric charges incidental to Ballfield's
operations.
v. Utility Billing for potable water and wastewater in the concession building.
6.0 BACKGROUND SCREENING REQUIREMENTS
Prior to BBLL's use of the Ballfields, BBLL shall conduct background screenings in
accordance with Florida Law, including, but not limited to, Section 435.03 and Chapter
943, Florida Statutes, and submit the Affidavit of Criminal Background Screening attached
hereto as Exhibit A. No person(s) other than those who have successfully passed all
aspects of the background screening process will be permitted to act on behalf of or in
any official capacity with the "BBLL" while utilizing the Ballfields. The background
screening requirements include, but are not limited to, BBLL's Board of Directors,
umpires, managers, game coaches, field coaches, team volunteers, concession stand
volunteers, and anyone else providing services on BBLL's behalf pursuant to this
Agreement. City reserves the right to approve or reject, for any reason, BBLL personnel
assigned to perform services under this Agreement at any time. BBLL shall not allow any
coach, manager, official, or volunteer who has not satisfied the BBLL's requirements of
Section 435.03, Florida Statutes, or Chapter 943, as applicable, to provide any service
under this Agreement. BBLL shall be responsible for the cost of all background screening
required pursuant to this section.
A minimum of seven (7) days before the first official scheduled practice of each fall or
spring season, BBLL shall submit a list of names for all active staff and volunteers. The
list shall include only the names of those who have successfully passed the background
screening process. The list of approved names shall be accurate and complete to the
best of Provider's knowledge. If additional staff or volunteers are engaged to provide
services under this Agreement, Provider shall submit an updated Background Screening
Affidavit and provide the City with the names of any such staff or volunteers by email to:
fieldreservationsCa)bbfl.us. The updated affidavit shall be provided to the City within three
(3) business days after BBLL completes the background screening.
7.0 INSURANCE
a) BBLL will provide the proper insurance approved by the City for all approved
baseball activities played at the Ballfields. BBLL must maintain at their sole
expense all necessary insurance in such form and amount as required by City's
Risk Management Department, which includes, but is not limited to, General
Liability Insurance in the amount of one million dollars ($1,000,000) per
occurrence, general aggregate combined single limit for automobile liability,
Page 12 of 26
BBLL Agreement 12/16/24 (SRW)
5Y
including premises and operation, as well as Products Completed/Operations
Aggregate, and Personal Advertising Injury; and, all other insurance coverage
reasonably required by the City, including Workers' Compensation and Employers'
Liability Insurance, Umbrella/Excess Liability Insurance, and Professional Liability
when appropriate. Coverage shall not contain any endorsement(s) excluding
Contractual Liability or Cross Liability.
b) The policy shall be endorsed to contain the following provisions:
i. The City of Boynton Beach shall be named as an additional insured. The
coverage shall contain no limitations on the scope of protection afforded to the
City, its officers, officials, employees, or volunteers.
ii. A current valid insurance policy meeting the requirements herein identified
shall be maintained during the duration of this Agreement, and shall be
endorsed to state that coverage shall not be suspended, voided, or cancelled
by either party, reduced in coverage in limits except after thirty (30) days prior
written notice by either certified mail, return receipt requested, has been given
to the City.
iii. BBLL shall inform its insurer to furnish directly to the City certificates of
insurance with original endorsements affecting coverage required within. BBLL
shall provide binders indicating placement of coverage to City before the
effective date of this Agreement.
iv. City will continue to maintain all necessary insurance coverage to protect its
interests, as determined by the City's Risk Manager.
v. BBLL will provide renter's insurance, in amounts determined by the City's Risk
Manager, for the concession stand building and the storage building attached
to the restroom building.
8.0 TERM AND RENEWALS
a. Term of Agreement and Renewal. This Agreement shall commence on December
17, 2024, and terminate on July 31, 2029 ("Initial Term"). The Agreement may be
renewed for one additional five (5) year term upon the same terms and conditions,
evidenced by a written Amendment to this Agreement extending the term thereof
and approval of the City Commission.
b. Non-Renewal and Automatic Extension. Provider acknowledges and agrees that
it has no right to renewal of this Agreement, and City may, in its sole discretion,
decline to renew or extend this Agreement with or without cause. City shall provide
Provider written notice of its intent not to renew at least one (1) year prior to the
expiration of the then-current term. If City fails to provide timely notice of non-
renewal in cases where non-renewal is without cause, this Agreement shall
Page 13 of 26
BBLL Agreement 12/16/24(SRW)
automatically extend for one (1) additional year beyond its scheduled expiration
date to allow Provider to make alternative arrangements for future seasons. No
automatic extension shall apply if non-renewal is for cause, and in such cases, the
Agreement shall be governed by the terms set forth in Section 9.0. Any extensions
beyond the one-year automatic extension period shall require the express written
agreement of both parties.
9.0 TERMINATION
a) Termination for Convenience. Either party may terminate this Agreement for its
convenience at any time upon providing a minimum of one (1) year written notice
to the other Party; provided, however, in the event the City terminates this
Agreement for convenience, Provider shall be able to complete any youth sports
programs that have commenced at the time that written notice of termination has
been received, including any programs that have completed registration. Provider
shall not commence registration for any youth sports programs following receipt of
notice of termination by the City pursuant to this section. In the event of termination
for convenience, the City shall have no liability to the Provider for any costs,
expenses, or damages arising from or related to the termination of this Agreement.
Provider shall pay all fees for use of the Ballfields occurring before the effective
date of termination.
b) Termination for Cause. Either party may terminate this Agreement for cause upon
thirty (30) days prior written notice to the defaulting party specifying the nature of
the default. "Cause" shall include, but not be limited to: (i) material breach of any
provision of this Agreement; (ii) failure to make required payments when due; (iii)
violation of applicable laws, regulations, or policies; (iv) repeated service failures;
or (v) conduct that materially impairs the relationship between the parties. This
Agreement shall not terminate if, within such thirty (30) day period, the defaulting
party either (a) cures the default or (b) if the default cannot reasonably be cured
within thirty (30) days, commences and diligently pursues actions that will cure the
default. If the defaulting party fails to cure or commence and diligently pursue a
cure within the thirty (30) day period, this Agreement shall automatically terminate
without further notice. The defaulting party shall have no claim against the non-
defaulting party for damages of any kind, including but not limited to direct, indirect,
consequential, or incidental damages, arising from termination of this Agreement
for cause, and hereby waives any such claims.
c) Effect of Expiration or Termination on Field 1 Access and Use. Upon termination
or expiration of this Agreement, in the event Provider no longer maintains a valid
sports provider agreement with the City, Provider hereby acknowledges and
agrees that any subsequent use of Field 1 shall be classified as "Facility Third
Party Usage" (as defined in the Athletic Angels Agreement). Such use shall be
subject to and governed by the terms and conditions for Facility Third Party Usage
set forth in the Agreement between the City and Athletic Angels, including any
amendments thereto, including but not limited to compliance with all applicable
Page 14 of 26
BBLL Agreement 12/16/24 (SRW)
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processes and payment of applicable fees for the use of Field 1. For the avoidance
of doubt, this provision shall survive the termination or expiration of this
Agreement.
d) Non-Appropriation of Funding. The continuation of this Agreement beyond the end
of any City fiscal year is subject to both the appropriation and the availability of
funds appropriated by the City Commission.
e) The City reserves the right to cancel or reschedule the Provider's use of the
Ballfields for special events or emergency situations with reasonable notice when
possible.
10.0 LIABILITY AND INDEMNIFICATION
BBLL shall indemnify, hold harmless, and defend City and all of City's current, past, and
future officers, agents, and employees (collectively, "Indemnified Party") from and against
any and all causes of action, demands, claims, losses, liabilities, and expenditures of any
kind, including attorneys' fees, court costs, and expenses, including through the
conclusion of any appellate proceedings, raised or asserted by any person or entity not
a party to this Agreement, and caused or alleged to be caused, in whole or in part, by any
breach of this Agreement by BBLL, or any intentional, reckless, or negligent act or
omission of BBLL, its officers, employees, volunteers, or agents, arising from, relating to,
or in connection with this Agreement (collectively, a "Claim"). If any Claim is brought
against an Indemnified Party, BBLL shall, upon written notice from City, defend each
Indemnified Party with counsel satisfactory to City or, at City's option, pay for an attorney
selected by the City Attorney to defend the Indemnified Party. The obligations of this
section shall survive the expiration or earlier termination of this Agreement.
11.0 COMPLIANCE WITH LAWS
BBLL agrees to comply with all laws of the United States, the State of Florida, and all
local laws, including but not limited to the ordinances and regulations of the City, and all
rules and requirements of the City Police and Fire Departments, and will obtain and pay
for all necessary permits and licenses, and will not do, nor suffer to be done, anything on
said premises during this Agreement in violation of any such laws, ordinances, rules or
requirements. If the City notifies BBLL of any violation on the part of BBLL or any person
employed by or admitted to the said premises by BBLL, BBLL will immediately desist from
and correct the violation.
12.0 SIGNAGE AND ADVERTISING
a) The Provider may display temporary signage while using the Ballfields, subject to
City approval.
b) The City must approve permanent signage or advertising in writing.
Page 15 of 26
BBLL Agreement 12/16/24 (SRW)
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Is bns .-‘rit to al 1&u9i hnseacsi-,soitylo ot belirm ion tud pnibuloci
yen bris 'Oro brie, . tneniti3cr (.1 oiRhns coda ytt3 wit to ;.,Iti-neliuw3) bras (.•,11i.ri
no ...,•)db Q 1U irn .ob ton Iliw bnc bns y1se;ae0e-1
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c) Field 1 signage must be approved by Athletic Angels.
13.0 REMOVAL OF PERSONS
City reserves the right, through its representatives, agents, and police, to eject any person
or persons engaging in objectionable activities from the Ballfields, or violating any law or
ordinance. BBLL waives any right and all claims for damages against the City upon the
exercise of this authority.
14.0 EVACUATION OF BALLFIELDS
City reserves the right to evacuate the Ballfields during any activity in progress if it is
deemed necessary for the safety of the general public, patrons, or guests.
15.0 ASSIGNMENT PROHIBITED
Neither this Agreement nor any right or interest in it may be assigned, transferred,
subcontracted, or encumbered by BBLL without the prior written consent of City. Any
assignment, transfer, encumbrance, or subcontract in violation of this section shall be
void and ineffective, constitute a breach of this Agreement, and permit the City to
immediately terminate this Agreement, in addition to any other remedies available to the
City at law or in equity. City reserves the right to condition its approval of any assignment,
transfer, encumbrance, or subcontract upon further due diligence and an additional fee
paid to City to reasonably compensate it for the performance of any such due diligence.
16.0 NOTICE AND PAYMENT ADDRESS
Unless otherwise stated herein, for notice to a Party to be effective under this Agreement,
notice must be sent via U.S. first-class mail, hand delivery, or commercial overnight
delivery, each with a contemporaneous copy via email, to the addresses listed below and
shall be effective upon mailing or hand delivery (provided the contemporaneous email is
also sent). Payments shall be made to the noticed address for City. Addresses may be
changed by the applicable party giving notice of such change in accordance with this
section.
Notice to City shall be addressed to:
City Manager
City of Boynton Beach
100 E. Ocean Avenue
Boynton Beach, Florida 33435
Payments to City shall be made: (i) through the City's online payment portal, or (ii)
if payment is mailed, payment should be addressed to:
Director of Recreation and Parks
Page 16 of 26
BBLL Agreement 12/16/24(SRW)
City of Boynton Beach
P.O. Box 310
Boynton Beach, FL 33425
Notice to BBLL shall be addressed to:
Little League President
300 W. Woolbright Rd.
Boynton Beach, FL 33435
17.0 SETTLEMENT OF PRIOR LAWSUIT
a) This Agreement is entered into as part of the settlement of the lawsuit Boynton
Beach Little League, Inc. v. City of Boynton Beach, Case No.
502024CA000517XXXAMB, filed on January 18, 2024, in the Fifteenth Judicial
Circuit Court in and for Palm Beach County, Florida.
b) As part of this settlement, Boynton Beach Little League, Inc. agrees to pay the City
of Boynton Beach the sum of $1.00 for past due fees related to previous Ballfield
usage. This amount represents the full and final settlement of all outstanding fees
and damages claimed by either party in the lawsuit.
c) The parties acknowledge that Provider has made field rental payments before the
establishment of this formal agreement, and such previously paid fees may be
applied as a credit towards the Field Usage Fees owed to the City by Provider for
use of the Ballfields. The application of these credits and the proration of fees shall
be contingent upon the date of agreement execution:
If this Agreement is executed by BBLL on or before December 17, 2024:
Prorated Field Usage Fees will apply to the Fall 2024 Season.
Previously paid field rental/permit fees will be credited against the Fall 2024
season's Field Usage Fees.
If this Agreement is executed by BBLL after December 17, 2024:
Fall 2024 Field Usage Fees will not be prorated.
Prorated fees will only apply to the then-current season. For example only,
if the Agreement is executed between December 18, 2024, and May 14,
2025, any field permit fees paid for the Spring 2025 season will be credited
against the Spring 2025 Field Usage Fees.
d) Both parties acknowledge that this Agreement, including the payment of past due
fees, represents a full and final settlement of all claims related to the
aforementioned lawsuit against all parties to the litigation, including Athletic
Angels.
Page 17 of 26
BBLL Agreement 12/16/24 (SRW)
e) Upon full execution of this Agreement and receipt of the payment specified in
17(b), both parties agree to file a joint stipulation of dismissal with prejudice in the
aforementioned lawsuit within three (3) business days.
f) Each party shall bear its own attorneys' fees and costs related to the lawsuit.
g) This settlement is not an admission of liability by either party and is made solely to
avoid the uncertainty and expense of continued litigation.
18. AGREEMENT BINDING; AMENDMENT
All terms and conditions of this written Agreement shall be binding upon the parties, their
heirs or representatives, and assigns, and cannot be varied or waived by any oral
representations or promise of any agent or other person of the parties hereto, unless the
same be in writing and mutually signed by the duly authorized agent or agents executing
this Agreement.
19. REPRESENTATIONS AND WARRANTIES
a) Representation of Authority. BBLL represents and warrants that this Agreement
constitutes the legal, valid, binding, and enforceable obligation of BBLL, and that
neither the execution nor performance of this Agreement constitutes a breach of
any agreement BBLL has with any third party or violates applicable law. BBLL
further represents and warrants that execution of this Agreement is within BBLL's
legal powers, and each individual executing this Agreement on behalf of BBLL is
duly authorized by all necessary and appropriate action to do so on behalf of BBLL
and does so with full legal authority.
b) Public Entity Crime Act. BBLL represents that it is familiar with the requirements
and prohibitions under the Public Entity Crime Act, Section 287.133, Florida
Statutes, and represents that its entry into this Agreement will not violate that Act.
BBLL further represents that there has been no determination that it committed a
"public entity crime" as defined by Section 287.133, Florida Statutes, and that it
has not been formally charged with committing an act defined as a "public entity
crime" regardless of the amount of money involved or whether BBLL has been
placed on the convicted vendor list.
c) Discriminatory Vendor and Scrutinized Companies Lists; Countries of Concern.
BBLL represents that it has not been placed on the "discriminatory vendor list" as
provided in Section 287.134, Florida Statutes, and that it is not a "scrutinized
company" pursuant to Sections 215.473 or 215.4725, Florida Statutes. BBLL
represents and certifies that it is not, and for the duration of the term will not be,
ineligible to contract with City on any of the grounds stated in Section 287.135,
Florida Statutes. BBLL represents that it is, and for the duration of the term will
remain, in compliance with Section 286.101, Florida Statutes.
Page 18 of 26
BBLL Agreement 12/16/24(SRW)
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as "tail -;(.3brr3v ylotsnirrthoeib" suit no Le6slq n':,3e.d Ion awl it Writ etneaelc,i)
bes.initu134-.' s ton ai ti tsr11 bns .aetuist8 sbnotl noitoe,?., r:i bebivo-lo
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,ed tort !liw nnet grit to nods-lob erit lot bus ,k)n et !i fsdi aeRirieo bns atntelq,./
nortoeE fl bc);sta abnuoig erit to vit., 110 ytiO ritiw tositno3 01 eld0.01i
Iliw 1M91 crit to nottclub gilt tot bits ,ei ti tent aineasigei 1.108 .aelots12,
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d) Verification of Employment Eligibility. BBLL represents that BBLL and each
subcontractor have registered with and use the E-Verify system maintained by the
United States Department of Homeland Security to verify the work authorization
status of all newly hired employees in compliance with the requirements of Section
448.095, Florida Statutes, and that entry into this Agreement will not violate that
statute. If BBLL violates this section, the City may immediately terminate this
Agreement for cause, and BBLL shall be liable for all costs incurred by the City
due to the termination.
e) Warranty of Performance. BBLL represents and warrants that it possesses the
knowledge, skill, experience, and financial capability required to perform and
provide all services and that each person and entity that will provide services is
duly qualified to perform such services by all appropriate governmental authorities,
where required, and is sufficiently experienced and skilled in the area(s) for which
such person or entity will render services. BBLL represents and warrants that the
services shall be performed in a skillful and respectful manner and that the quality
of all services shall equal or exceed prevailing industry standards for the provision
of such services.
f) Entities of Foreign Concern. BBLL represents and certifies: (i) BBLL is not owned
by the government of a foreign country of concern; (ii) the government of a foreign
country of concern does not have a controlling interest in BBLL; and (iii) BBLL is
not organized under the laws of and does not have its principal place of business
in, a foreign country of concern. On or before the effective date of this Agreement,
BBLL and any subcontractor that will have access to personal identifying
information shall submit to the City executed affidavit(s) under penalty of perjury,
in a form approved by the City attesting that the entity does not meet any of the
criteria in Section 287.138(2), Florida Statutes. Terms used in this section that are
not otherwise defined in this Agreement shall have the meanings ascribed to such
terms in Section 287.138, Florida Statutes.
g) Anti-Human Trafficking. On or before the effective date of this Agreement, BBLL
shall provide City with an affidavit attesting that BBLL does not use coercion for
labor or services, in accordance with Section 787.06(13), Florida Statutes.
h) Breach of Representations. BBLL acknowledges that City is materially relying on
the representations, warranties, and certifications of BBLL stated in this article.
City shall be entitled to exercise any or all of the following remedies if any such
representation, warranty, or certification is untrue: (a) recovery of damages
incurred; (b) termination of this Agreement without any further liability to City; and
(c) debarment of BBLL.
Page 19 of 26
BBLL Agreement 12/16/24(SRW) ��
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•
•
20. MISCELLANEOUS
a) Independent Contractor. BBLL is an independent contractor of the City, and
nothing in this Agreement shall constitute or create a partnership, joint venture, or
any other relationship between the parties. In providing services, neither BBLL nor
its agents shall act as officers, employees, or agents of the City. BBLL shall not
have the right to bind City to any obligation not expressly undertaken by City under
this Agreement.
b) Regulatory Capacity. Notwithstanding the fact that City is a municipal corporation
with certain regulatory authority, City's performance under this Agreement is as a
party to this Agreement and not in its regulatory capacity. If the City exercises its
regulatory authority, the exercise of such authority and the enforcement of
applicable law shall have occurred pursuant to City's regulatory authority as a
governmental body separate and apart from this Agreement and shall not be
attributable in any manner to City as a party to this Agreement.
c) Sovereign Immunity. Except to the extent sovereign immunity may be deemed
waived by entering into this Agreement, nothing herein is intended to serve as a
waiver of sovereign immunity by City, nor shall anything included herein be
construed as consent by City to be sued by third parties in any matter arising out
of this Agreement.
d) Conditional Use. BBLL's right to use the Ballfields is conditioned upon full
compliance with all terms of this Agreement. Provided BBLL complies with the
Agreement's terms, BBLL will be permitted to utilize the Ballfields during dates and
times authorized by the City pursuant to Section 4(d), subject to the terms of this
Agreement, including, but not limited to, the field use priority provisions in Section
2(b) and field maintenance provisions in Section 2(g). The parties acknowledge
and agree that the City retains sole discretion to restrict field access due to
inclement weather, lightning, vandalism, emergencies, acts of God, hazardous
conditions, or any circumstances that could potentially injure participants or
damage the Ballfields, and the City shall have no liability for withholding access
under these conditions. BBLL understands and accepts that field usage is
contingent upon these comprehensive conditions, with the City maintaining
absolute discretionary power to protect participant safety and field integrity.
e) Materiality and Waiver of Breach. Each requirement, duty, and obligation set forth
in this Agreement was bargained for at arm's length and is agreed to by the parties.
Each requirement, duty, and obligation set forth in this Agreement is substantial
and important to the formation of this Agreement, and each is, therefore, a material
term. City's failure to enforce any provision of this Agreement shall not be deemed
a waiver of such provision or modification of this Agreement. A waiver of any
breach shall not be deemed a waiver of any subsequent breach and shall not be
construed as a modification of this Agreement. To be effective, any waiver must
be in writing signed by an authorized signatory of the party granting the waiver.
Page 20 of 26
BBLL Agreement 12/16/24(SRW)
f) Severability. If any part of this Agreement is found unenforceable by any court of
competent jurisdiction, that part shall be deemed severed from this Agreement,
and the balance of this Agreement shall remain in full force and effect.
g) Joint Preparation. This Agreement has been jointly prepared by the parties and
shall not be construed more strictly against either party.
h) Interpretation. The titles and headings contained in this Agreement are for
reference purposes only and shall not in any way affect the meaning or
interpretation of this Agreement. All personal pronouns used in this Agreement
shall include any other gender, and the singular shall include the plural, and vice
versa, unless the context otherwise requires. Terms such as "herein" refer to this
Agreement as a whole and not to any particular sentence, paragraph, or section
where they appear, unless the context otherwise requires. Whenever reference is
made to a section or article of this Agreement, such reference is to the section or
article as a whole, including all subsections thereof, unless the reference is made
to a particular subsection or subparagraph of such section or article. Any reference
to "days" means calendar days unless otherwise expressly stated. Any reference
to approval by the City shall require approval in writing unless otherwise expressly
stated.
i) Priority of Provisions. If there is a conflict or inconsistency between any term,
statement, requirement, or provision of any document or exhibit attached to,
referenced by, or incorporated in this Agreement and any provision within an article
or section of this Agreement, the article or section shall prevail and be given effect.
j) Law, Jurisdiction, Venue, Waiver of Jury Trial. This Agreement shall be interpreted
and construed in accordance with and governed by the laws of the State of Florida.
The exclusive venue for any lawsuit arising from, related to, or in connection with
this Agreement shall be in the state courts of the Fifteenth Judicial Circuit in and
for Palm Beach County, Florida. If any claim arising from, related to, or in
connection with this Agreement must be litigated in federal court, the exclusive
venue for any such lawsuit shall be in the United States District Court or United
States Bankruptcy Court for the Southern District of Florida. EACH PARTY
HEREBY EXPRESSLY WAIVES ANY RIGHTS IT MAY HAVE TO A TRIAL BY
JURY OF ANY CIVIL LITIGATION RELATED TO THIS AGREEMENT.
k) Attorney's Fees. In any action brought by either party to enforce the obligations of
the other party, each party shall be solely responsible for its attorneys' fees and
costs, regardless of the outcome of the action or litigation.
I) Amendments. Unless expressly authorized herein, no modification, amendment,
or alteration of any portion of this Agreement is effective unless contained in a
Page 21 of 26
BBLL Agreement 12/16/24(SRW) ��
written document executed with the same or similar formality as this Agreement
and by duly authorized representatives of City and BBLL.
m) Prior Agreements. This Agreement represents the final and complete
understanding of the parties regarding the subject matter of this Agreement and
supersedes all prior and contemporaneous negotiations and discussions regarding
same. All commitments, agreements, and understandings of the Parties
concerning the subject matter of this Agreement are contained herein.
n) Counterparts and Multiple Originals. This Agreement may be executed in multiple
originals and may be executed in counterparts, whether signed physically or
electronically, each of which shall be deemed to be an original, but all of which,
taken together, shall constitute one and the same agreement.
o) Third-Party Beneficiaries. Neither BBLL nor City intends to primarily or directly
benefit a third party by this Agreement. Therefore, the parties acknowledge that
there are no third-party beneficiaries to this Agreement and that no third party shall
be entitled to assert a right or claim against either of them based upon this
Agreement.
p) Non-Exclusive. This Agreement is a non-exclusive agreement between the parties.
The City has the right to allow other providers to provide the same kind of services
at the Ballfields during the term of this Agreement.
q) Public Records. BBLL shall comply with the applicable provisions of Chapter 119,
Florida Statutes. Specifically, BBLL shall:
i. Keep and maintain public records required by the City to perform the
services;
ii. Upon request from the City's custodian of public records, provide the City
with a copy of requested records or allow the records to be inspected or
copied within a reasonable time at a cost that does not exceed the cost
provided in Chapter 119, Florida Statutes or as otherwise provided by law;
iii. Ensure that public records that are exempt or confidential and exempt from
public records disclosure requirements are not disclosed except as
authorized by law for the duration of the contract term and following
completion of the contract if BBLL does not transfer the records to the City;
and
iv. Upon completion of the contract, transfer, at no cost to the City, all public
records in possession of BBLL or keep and maintain public records required
by the City to perform the service. If BBLL transfers all public records to the
City upon completion of the contract, BBLL shall destroy any duplicate
public records that are exempt or confidential and exempt from public
Page 22 of 26
BBLL Agreement 12/16/24 (SRW)
records disclosure requirements. If BBLL keeps and maintains public
records upon completion of the contract, BBLL shall meet all applicable
requirements for retaining public records. All records stored electronically
must be provided to the City, upon request from the City's custodian of
public records in a format compatible with the City's information technology
systems.
v. The failure of BBLL to comply with the provisions outlined in this Article shall
constitute a default and breach of the Agreement, for which the City may
immediately terminate the Agreement without a cure period. Failure to
comply with said statutory requirements may subject BBLL to penalties
under Section 119.10, Florida Statutes, as amended.
IF BBLL HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, FLORIDA STATUTES, TO BBLL'S DUTY TO
PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT,
CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT CITY
CLERK, PO BOX 310, BOYNTON BEACH, FLORIDA, 33425, 561-
742-6061, CITYCLERK(a�BBFL.US.
(REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK)
Page 23 of 26
BBLL Agreement 12/16/24 (SRW)
o
IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day
and year first written above.
ATT' T: i CITY OF BOYNT r N BEACH:
a. ri' .40 ir 4111. /2. / wzy
Mayle- •4Jesus, City t erk y '= ga, Mayor
....7—,i0f N T...... o
F .
APPROVED AS 0 FORM: fc31 SEAL '�i+++;
� : INCORPORATED: I
x� /�a 1920 s
Shawna Lamb, CityAttorney +'l
•k. FCORIDP jr
BOYNTON BEACH LITTLE LEAGUE, INC.
Representing Agent
'J-e55\ca. \--e 9USDr)
Name (Print) & Title
if
k ' ICa 12 - 11 - (9,5
S!nature Date
STATE OF FLORIDA )
ss:
COUNTY OF PALM BEACH )
The foregoing instrument was acknowledged before me b means of physical
presence or online notarization this 1`1?H day of -c .A-o-€4 , 20�� by
1 tccsit.a- -f •>-v.. as ti 2/44 2 de i L of Boynton Beach Little
League, Inc., ada not-for-profit corporation, on behalf of the corporation. They are
personally known to me or • - , - : oduced F& ). Lia O`) t) I-1 a S O as identification
and did not (did) take an
Notary Public Signat re: /Pa. State of Florida at Large (Seal)
n
Print Name:5G IAC�ve7A.c-toll ka�-- My commission expires: • 1► S
�`��..O�M�ST `. <1 • �5510N,, •��l i
ti1.4'• „5 20,to '(Z.P;.7' j:`9CP 2Qy°4`P'.`9 y_
• o?
Page 24 of 26 ,% " �%p4 a�ypubdcloneVide•,•�<�.`\�
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, rt{11I111ti`4 y �•�.;•.:�1.NNe�,,,'' (WR?j \<;.0\St irtrirnry.ivA.i.188
Exhibit A
Affidavit of Criminal Background Screening
By signing this form, I am swearing or affirming that I have conducted a computerized
search of the Florida Department of Law Enforcement, Sexual Offenders and Predators
Website and the United States Department of Justice, National Sex Offender Public
Website listed for the persons listed below who are an officer, member, partner, or
employee of Boynton Beach Little League, Inc. and all volunteers of Boynton Beach Little
League, Inc. providing Baseball Sports Provider Services under the Little League Park
Sports Provider Facility Use Agreement with the City of Boynton Beach and none of the
forgoing persons were listed on either website as being a sexual predator or sexual
offender. The information contained in this Affidavit is up to date as reported in such
websites as of the date this Affidavit is signed.
All individuals providing services under the Agreement at the Park are listed below under
categories 1 and 2 below. Each individual shall be identified by name, birth date, and date
deemed eligible and shall fall into one (1) of the following categories:
1. Initially screened and not disqualified.
[Insert list of individuals who will be providing Services] [Applicable only to first season
Affidavit. Thereafter, only categories 2 and 3 must be completed.]
2. New individuals screened and not disqualified who are eligible.
[Insert list of individuals]
3. Individuals no longer providing services for BBLL under this Agreement at the
Ballfields.
[Insert list of individuals]
Date: , 20 Signed:
Entity: Boynton Beach Little League, Inc. Name:
Title:
Page 25 of 26
BBLL Agreement 12/16/24(SRW)
STATE OF
COUNTY OF
The foregoing Affidavit of Criminal Background Screening was acknowledged before me,
by means of ❑ physical presence or ❑ online notarization, this day of
, 20 , by , as
for
, who is personally
known to me or who has produced as identification.
Notary Public Signature: State of Florida at Large (Seal)
Print Name: My commission expires:
Page 26 of 26
BBLL Agreement 12/16/24(SRW)