R18-047RESOLUTION NO. R18-047
A RESOLUTION OF THE CITY OF BOYNTON BEACH,
FLORIDA, APPROVING AN AGREEMENT BETWEEN
THE CITY OF BOYNTON BEACH AND BOYNTON
BEACH ATHLETIC ASSOCIATION, INC. (BBAA),
ALLOWING BBAA TO HAVE EXCLUSIVE USE OF
THE FIELDS AT LITTLE LEAGUE PARK FOR A ONE
YEAR TERM BEGINNING OCTOBER 1, 2017; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Maintenance Agreement between the City and BBAA exported
September, 2017; and
WHEREAS, the Agreement specified details regarding maintenance of the Park in
which the BBAA was responsible for the four ballfields within the fencing (mowing, weeding,
fertilizing, watering and general repair of the fields), common areas around the batting cages;
and
WHEREAS, the agreement will continue to allow park maintenance staff to be
assigned to other maintenance responsibilities; and
WHEREAS, the City Commission of the City of Boynton Beach deems it in the best
interest, health, safety and welfare of the citizens and residents of Boynton Beach to enter into
the Agreement with Boynton Beach Athletic Association, Inc., to have exclusive use of the
Little League Park for a one year term beginning October 1, 2017.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. Each Whereas clause set forth above is true and correct and
211 incorporated herein by this reference.
Section 2. The City Commission of the City of Boynton Beach, Florida hereby
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approves and authorizes the City Manager to sign the Agreement between the City of Boynton
Beach and Boynton Beach Athletic Association, that allows BBAA exclusive use of the fields
at Little League Park for a one year term beginning October 1, 2017, a copy of said Agreement
is attached hereto as Exhibit "A".
Section 3. That this Resolution shall become effective immediately upon passage.
PASSED AND ADOPTED this 200' day of March, 2018.
CITY OF BOYNTON BEACH, FLORIDA
47
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53 ATTEST:
55I56
611
Judith A. Pyle, CMC
City Clerk
(Corporate Seal)
YES NO
Mayor — Steven B. Grant
Vice Mayor — Christina L. Romelus
Commissioner — Justin Katz
Commissioner — Mack McCray
Commissioner — Joe Casello
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VOTE 5- -
AGREEMENT
THIS AGREEMENT, made and entered into this day of 20 ,
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 ATHLETIC ASSOCIATION, INC., a Florida not -
for- profit corporation, hereinafter referred to as "BBAX.
WITNESSETH:
WHEREAS, City is the owner of the real property known as Little League Park,
hereinafter referred to as "BALLFIELDS ", situated in Palm Beach County in the
City of Boynton Beach, and bounded on two sides by SW 3rd Street and SWt
15th Avenue; and
WHEREAS, Little League Park includes four lighted and fenced ballfields with
scoreboards and bleachers, pitching wall, three batting cages, storage shed,
picnic pavilion with tables and benches, concession stand building, restroom
with storage area attached, clay and sand storage bins, Casey walkway and a
parking area; and
WHEREAS, both parties desire that said BALLFIELDS be utilized to the
greatest capacity for community use.
NOW, THEREFORE, in consideration of the covenants herein
contained and other good and valuable considerations, the parties
agree as follows:
1.0 RECITALS;
(a) The foregoing recitals are true and correct and are hereby
incorporated into this agreement
2.0 USE OF LITTLE LEAGUE PARK;
(a) BBAA will have full control of the Ballfields and amenities during
times when this Agreement remains in force
(b) BBAA will have sole authority to approve and schedule use of the
BALLFIELDS by other groups not related to Little League
providing said groups meet the requirements for CITY permitting,
insurance, and background checks.
3.0 BACKGROUND SCREENING REQUIREMENTS
1. BBAA shall conduct background screening in accordance with
Florida State Statute 943, as more particularly described in
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
Recognized Youth Sport Provider while utilizing City of Boynton
Beach facilities, this includes but not limited to Board of Directors
umpires, Managers, Game Coaches, Field coaches, Team
Mom's, concession stand volunteers.
a. BBAA shall submit by the first official schedule game for either
the fall or spring season a list of names that provides all active
staff and volunteers that will or may utilize City of Boynton
Beach facilities; that the included list provides only those
names that have successfully passed the background
screening process as described in Exhibit A; and that the
included list of approved names is accurate and complete to
the best of my knowledge. I further understand that I must
keep the Background Screening Affidavit up to date and
provide the City of Boynton Beach Recreation & Parks
Department with the names of any subsequent staff or
volunteer that utilizes City of Boynton Beach facilities.
4.0 MAINTENANCE;
(a) BBAA responsibilities;
1. BBAA shall maintain the four ballfields, perimeter fencing and
field fencing as per attached Map A.
2. BBAA shall maintain the common areas surrounding the batting
cages within the fenced area where the cages are situated as per
attached Map A.
3. BBAA shall maintain the common areas between fields 2 and 3
along the asphalt walkway to the end of the fencing on field 2
outfield as per attached Map A.
4. BBAA shall maintain the Casey Walkway from the beginning of
the asphalt walkway to the entrance of the batting cages as per
attached Map A.
5. BBAA shall maintain the area along the walkway between fields
1 and 4 from the beginning of the left field fence to the end of the
backstop on field 4 as per attached Map A.
6. BBAA shall maintain the batting cage structure and storage shed
as per attached Map A.
7. BBAA shall maintain the garden areas behind the backstops on
fields 1 and 4.
8. BBAA maintenance shall include, but not limited to: mowing,
weeding, fertilizing, watering, clay, and general repair of the
fields.
9. BBAA shall maintain a 1' (one foot) weed free border along the
inside of the fence of Fields 1, 2, 3, 4, and the batting cages.
10. BBAA shall be responsible to place all verticut cuttings on an
asphalt surface within the park and schedule removable with the
City's sanitation department at 561- 742 -6582.
11. BBAA shall maintain trash removal from the containers.
12. BBAA shall clean and maintain the restrooms.
13. BBAA shall maintain the concession stand on a day -to -day basis.
14. BBAA shall have exclusive use of the storage area attached to
the restrooms during the time when this Agreement remains in
force.
15. BBAA shall be responsible for placement and maintenance of
tables and benches in pavilion area only.
16. BBAA shall be responsible for bulb replacement on all fields.
17. BBAA shall maintain the Memorial Wall located outside the
perimeter fence near centerfield of field 2 as per Map A.
18. BBAA shall be responsible for utility bills associated with potable
water and wastewater for the concession stand. Utility Account
Number 225489 - 46164.
19. BBAA shall be responsible for all energy charges for the ballfield
lighting (FPL Meter PY24X11), the concession stand and any
other electric charges incidental to BBAA operation.
20.Any security systems on site will be the maintenance
responsibility of BBAA.
(b) The CITY's responsibilities:
1. The CITY shall be responsible for replacing tables and benches
in the pavilion area when they are deemed unsafe or are
damaged due to use or natural causes.
2. The CITY will assist with energy saving ideas and initiatives.
3. The CITY shall train the appropriate BBAA personnel, as
designated by the BBAA President, in the use and operation of
the irrigation system.
4. The CITY shall continue to maintain all areas of the park as
shown on Map B.
5. The CITY will be available to answer questions and assist with
maintenance issues beyond the control of BBAA during normal
CITY working hours.
6. The CITY shall provide access to all electrical boxes, rooms and
other areas necessary to properly monitor electrical needs or
issues.
7. The CITY will ensure that the parking areas are properly lighted
during the term of this agreement.
8. The CITY shall be responsible for utility bills associated with
potable water and wastewater for the public restrooms. Utility
Account Number 225489 - 22700.
9. The CITY will provide and pay for all costs associated with the
collection and disposal of solid waste.
10.The CITY shall be responsible for utility bills associated with
reclaimed water, Utility Account Number 138157- 102706.
11.The City will secure bleacher coverings /canopies and baseline
netting if there is adequate time for advance preparation and all
other City facilities are secured.
5.0 INSURANCE
(a) BBAA will provide the proper insurance approved by the CITY for all
approved baseball activities played at the Ballfields. The policy shall
include comprehensive general liability insurance with minimum limits
of $1,000,000 per occurrence, combined single limit for bodily injury
liability and property damage liability, including premises and operation.
(b) The policy shall be endorsed to contain the following provisions:
1. The CITY shall be named as an additional insured. The coverage
shall contain no limitations on the scope of protection afforded
the CITY, its officers, officials, employees or volunteers.
2. 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.
3. BBAA shall inform its insurer to furnish directly to the CITY
certificates of insurance with original endorsements affecting
coverage required within. BBAA shall provide binders indicating
placement of coverage to CITY prior to the effective date of this
Agreement.
4. CITY will continue to maintain all necessary insurance coverage
to protect its interest as determined by the CITY's Risk Manager.
5. BBAA will provide renter's insurance as determined by the
CITY's Risk Manager, for the concession stand building and the
storage building attached to the restroom building.
6.0 CONSIDERATION
(a) CITY shall pay to BBAA the following maintenance fees for the term of
this Agreement $42,000.00 in quarterly payments.
(i) Quarterly payments in the amount of one quarter of the yearly
agreed amount shall be paid by the CITY to the BBAA according to
the following schedule:
1. First Payment —
2. Second Payment —
3. Third Payment —
4. Fourth Payment —
October 1 — ($ 10,500.00)
January 1 — ($ 10,500.00)
April 1 — ($ 10,500.00)
July 1 — ($
(b) BBAA shall provide quarterly documentation according to the following
schedule:
1. October 31
2. January 31
3. April 30
4. July 31
7.0 TERM
(a) This Agreement shall be for a one (1) year period commencing on
October 1, 2017. The parties may agree to renew the agreement on a
yearly basis through the execution of a written amendment to the
agreement signed by both parties.
8.0 TERMINATION
(a) Each party may cancel this Agreement for convenience or cause by
providing written notice of at least thirty (30) days to the other party.
Should this agreement be terminated for cause, the reason(s) for the
termination shall be included in the notice and can specifically include
deletion of budget appropriations in future CITY budgets by the City
Commission. Any termination for convenience shall be without liability
to the terminating party.
9.0 CONDUCT
(a) BBAA agrees to conduct its activities upon the premises so as not to
endanger any person lawfully thereon and to the extent provided by the
law, to indemnify and hold harmless the CITY, its officers, officials,
agents and employees from and against any and all claims, suits,
actions, damages, liabilities, expenditures or causes of action of any
kind arising out of or during the activity of BBAA and those resulting or
occurring from any negligent act, omission or error of BBAA, its officers,
directors agents, employees, guests or members resulting in or relating
to injuries to body, life, limb or property sustained in, about or upon the
premises or improvements thereto, or arising from the use of said
premises.
10.0 COMPLIANCE WITH LAWS
(a) BBAA 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 of Boynton Beach, 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, and if the attention of the
Licensee is called to any violation on the part of BBAA, or any person
employed by or admitted to the said premises by Licensee, such BBAA
will immediately desist from and correct the violation.
11.0 REMOVAL OF PERSONS
(a) CITY reserves the right, through its representatives, agents and police
to eject any activity objectionable person or persons from said facility,
and upon the exercise of this authority, BBAA hereby waives any right
and all claims for damages against the CITY.
12.0 EVACUATION OF PREMISES
(a) CITY reserves the right to evacuate the premises or facilities during
any activity in progress where it deemed necessary for the safety of
the general public, patrons or guests.
13.0 ASSIGNMENT PROHIBITED
(a) BBAA shall not assign this Agreement, or sublet the demised premises
or any part thereof without the prior written consent of the CITY
endorsed hereon,
14.0 NOTICE
(a) Any notice or demand, which under the terms of this Agreement, or by
any statute or ordinance given or made by a party hereto shall be in
writing and shall be given by certified or registered mail, return receipt
requested, sent to the other at the address set forth below, or to such
other address as such party may, from time to time designate by notice:
(i) Notice to CITY shall be addressed to:
City Manager
City of Boynton Beach
P.Q. Box 310
Boynton Beach, Florida 33425 -0310
(ii) Notice to BBAA shall be addressed to:
Boynton Beach Athletic Association, Inc
P.O. Box 284
Boynton Beach, Florida 33425 -0284
15.0 AGREEMENT BINDING; AMENDMENT
(a) All terms and conditions of this written Agreement shall
be binding upon the parties, their heris 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.
16.0 AUTHORITY
(a) Each person signing this Agreement on behalf of either party
individually warrants that he or she has full legal power to execute this
Agreement on behalf of the party for whom he or she is signing, and to
bind and obligate such party with respect to all provisions contained in
this Agreement.
17.0 TERMINATION OF PRIOR AGREEMENT
(a) This Agreement has the immediate effect of terminating any existing
agreements between the CITY, BBAA and Boynton Beach Little
League, Inc., pertaining to the use of the Park, including that agreement
between the parties originally dated December 20, 2011. Any
indemnification obligations in any previous agreements between the
parties shall survive this termination.
Exhibit A
Background Screening Requirements
I. The Recognized Youth Sport Provider must comply with state background screening
requirements, which includes the following (Florida State Statute Section 943.0438):
a. Conduct a background screening annually on all current and prospective athletic
coaches.
b. The screening process must include a search of each current and prospective athletic
coach's name or other identifying information against the state and federal registries of
sexual predators and sexual offenders maintained and provided by:
i. The Florida Department of Law Enforcement under Florida Statute s.
943.043; and
ii. The Attorney General of the United States under 42 U.S.C. s. 16920.
c. Disqualify any person from acting as an athletic coach if he or she is identified
on a registry as described in Florida State Statute 943.0438.
II. The Recognized Youth Sport Provider must:
a. Conduct an annual background screening of all individuals who may have
contact with at -risk populations using minimum screening criteria that:
i. Are equal to or exceed the standards as set by the sports team sanctioning
body, and
ii. Include screening to prohibit any person who is listed as a sexual predator
or sexual offender, and
iii. Meets Florida State Statute 943.0438 requirements
OR
v. Utilize National Background Check/Fingerprinting, and
vi. Include screening to prohibit any person who is listed as a sexual
predator or sexual offender, and
vii. Meets Florida State Statute 943.0438 requirements
b. The screening must include a search of each current and prospective staff and
volunteer's name through a criminal history registry utilizing the following list of
disqualifying offenses:
Sex Offenses — all Sex Offenses regardless of the amount of time since offense or
level of offense including, but not limited to:
1. Child molestation
2. Rape
3. Sexual assault
4. Sexual battery
5. Sodomy
6. Prostitution
7. Solicitation
8. Indecent exposure
IN WITNESS OF THE FOREGOING, the parties have set their hands and seal the day
and year first written above.
WITNESSES: CITY OF BOYNTON BEACH
\ ‘)-) ,A4a javi/i.44,‘•-e4
Tammy L. Stanzione Lori LaVerriere, City Manager
ATTESTED:
Ci 'Clerk
(CORPORATE SEAL)
Appr• d .s to f• m:
LtAi
City ttorney '
WITNESSES: BOYNTON BEACH ATHLETIC
ASSOCIATION, INC
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STATE OF FLORIDA )
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COUNTY OF PALM BEACH )
The foregoing instrument was acknowledged before me this a+S day of
(46 , 20 18 by Boynton Beach Athletic Association, Inc., a Florida
corporation, on behalf of the corporation. They are personally known to me or have
produced as identification and did not (did) take an oath.
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ii. Felonies — all Felony Violence offenses regardless of the amount of time since offense
including, but not limited to:
1. Murder
2. Manslaughter
3. Aggravated assault
4. Kidnapping
5. Robbery
6. Aggravated burglary
iii. Felonies — all Felony Offenses other than sex or violence within the past 10 years
including, but not limited to:
1. Drug offenses
2. Theft
3. Embezzlement
4. Fraud
5. Child endangerment
iv. Misdemeanors — all Misdemeanor Violence offenses within the past 7 years including,
but not limited to:
1. Simple assault
2. Battery
3. Domestic violence
4. Hit and run
v. All Misdemeanor Drug offenses within the past 3 years or multiple offenses in the past
7 years
vi. Multiple DUI convictions within the past 3 years
vii. Any other misdemeanor offenses within the past 5 years that would be considered a
potential danger to children under the age of 17, or is directly related to the functions of
that volunteer position. Including, but not limited to:
1. Contributing to the delinquency of a minor
2. Providing alcohol to a minor
3. Theft
c. Guilty - means that a person was found guilty following a trial, entered a guilty plea,
entered a no contest plea accompanied by a court finding of guilty, regardless of whether
there was an adjudication of guilt (conviction) or a withholding of guilt. This does not apply
if the criminal charges resulted in acquittal, Nolle Prosse or dismissal.
d. Pending Cases - all contractors or partner organizations staff or volunteers will not be
permitted to conduct business, conduct programs, or provide services until there is official
adjudication of pending disqualifying offense charges or case. Eligibility will be
determined by the above criteria.
e. Any current or prospective staff or volunteer whose identity flagged any of the minimum
disqualifiers must be disqualified from participating with the above named Recognized
Youth Sport Provider while utilizing City of Boynton Beach facilities.
Ill. Background Affidavit Screening Submission
a. The recognized Youth Sports Provider must submit to the City of Boynton Beach
Recreation & Parks Department, the names of any athletic coach, staff or volunteer that
has been screened in accordance with Exhibit A. The Background Screening as required
herein, shall be provided to the City prior to any person acting on behalf of the
organization as part of the organization's use of City of Boynton Beach facilities.
IV. Background Screening Affidavit Renewal
a. The Recognized Youth Sports Provider must submit a new affidavit for each season the
organization operates programs at City of Boynton Beach owned facilities, which shall:
i. Include a complete accounting of all qualified coaches, board members, staff and
volunteers
STATE OF FLORIDA )
)ss:
COUNTY OF PALM BEACH )
The foregoing instrument was acknowledged before me this day of
, 20 _ by Boynton Beach Athletic Association, Inc., a Florida
corporation, on behalf of the corporation. They are personally known to me or have
produced as identification and did not (did) take an oath.
The City of Boynton Beach
City Clerk's Office
100 E BOYNTON BEACH BLVD
BOYNTON BEACH FL 33435
(561) 742 -6060
FAX: (561) 742-6090
e -mail: cityclerk @bbfl.us
www.boynton - beach.org
TO: Wally Majors
Parks & Recreation
FROM: Judith A. Pyle
City Clerk
DATE: February 27, 2018
SUBJECT: R18 -047 Agreement with Boynton Beach Athletic Association, Inc.
Attached for your handling is the original agreement mentioned above and a copy to the
resolution. Once the document has been executed by the vendor, please return the
original document to the City Clerk's Office for further processing.
Please contact me if there are any questions.
Thank you.
Attachments
C: Central File
S: \CC \WP\AFTER COMMISSIOMDepartmental Transmittals \2018 \R18 -047 Little League Ball Park BBA.docx
America's Gateway to the Gulfstream
The City o Bo nton Beach
Ea
September 8, 2020
Procurement Services
100 East Ocean Avenue
P.O. Box 310
Boynton Beach, Florida 33425-0310
Telephone No: (561) 742-6310
FAX.• (561) 742-6316
Mr. Ron Passino, President
Boynton Beach Athletic Association, Inc.
300 W. Woolbright Road
Boynton Beach, FL 33435
RE: AGREEMENT FOR THE MAINTENANCE OF THE LITTLE LEAGUE PARK— R18-047
NEW AGREEMENT TERM: OCTOBER 1, 2020 through SEPTEMBER 30, 2021
Dear Mr. Passino.
The current extension to the Agreement between the Boynton Beach Athletic Association
(BBAA) expires on September 30, 2020. This Agreement may be extended on an annual basis
with the same terms, conditions and pricing.
The City of Boynton Beach would like to extend this Agreement for the one-year term of
October 1, 2020 through September 30, 2021.
If you agree, please sign where indicated and return to me at your earliest convenience.
Sincerely,
CITY OF BOYNTON BEACH
V Qcr�Y
Lori LaVerriere
City Manager
c: James A. Cherof, City Attorney
Crystal Gibson, City Clerk
Randy Wood, Purch. Manager
BOYNTON BEACH ATHLETIC ASSOC., INC.
Ron Passino
President y /�
DATE:
America's Gateway to the Gulfstream
RECEIVED
SEP 22020
CITY MANAGER'S OFFICE