Resolution No. 2016-51 Awarding RFP 16-07-07-2 to Aventura Sports LLC for Youth Sports Management Services RESOLUTION NO. 2016-51
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA AWARDING RFP 16-07-07-2 TO AVENTURA
SPORTS, LLC; AUTHORIZING THE CITY MANAGER TO EXECUTE
THE ATTACHED AGREEMENT BETWEEN THE CITY OF AVENTURA
AND AVENTURA SPORTS, LLC TO PERFORM YOUTH SPORTS
MANAGEMENT SERVICES AS SET FORTH IN RFP 16-07-07-2;
AUTHORIZING THE CITY MANAGER TO DO ALL THINGS
NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND
PROVIDING FOR AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. RFP NO. 16-07-07-2, YOUTH SPORTS MANAGEMENT
SERVICES is hereby awarded to Aventura Sports, LLC.
Section 2. The City Manager is hereby authorized to execute the attached
Agreement attached hereto, between the City of Aventura and Aventura Sports, LLC to
perform Youth Sports Management Services as per the provisions and specifications
set forth in RFP 16-07-07-2.
Section 3. The City Manager is hereby authorized to do all things necessary to
carry out the aims of this Resolution.
Section 4. This Resolution shall become effective immediately upon its
adoption.
The foregoing Resolution was offered by Commissioner Shelley, who moved its
adoption. The motion was seconded by Commissioner Holzberg, and upon being put
to a vote, the vote was as follows:
Commissioner Enbar Cohen Yes
Commissioner Teri Holzberg Yes
Commissioner Marc Narotsky Yes
Commissioner Robert Shelley Yes
Commissioner Howard Weinberg Yes
Vice Mayor Denise Landman Yes
Mayor Enid Weisman Yes
City of Aventura Resolution No. 2016-j
PASSED AND ADOPTED this 21st day of July, 2016.
ENID WEISMAN, MAYOR
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ATTEST:
ELLISA L. HORVAT
CITY CLERK
APPROVED AS TO LEGAL SU, PtCIENCY:
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CIT ATTORNEY
Page 2 of 2
AGREEMENT
BETWEEN THE CITY OF AVENTURA AND AVENTURA SPORTS, LLC
TO PROVIDE YOUTH SPORTS MANAGEMENT SERVICES
THIS AGREEMENT is entered into this 21St day of July, 2016 between the
City of Aventura, a Florida municipal corporation, (CITY), and Aventura Sports,
LLC (CONTRACTOR).
WHEREAS, the CITY desires to retain the professional services of
CONTRACTOR to provide youth sports management services; and
WHEREAS, the CONTRACTOR desires to provide youth sports
management services to the CITY and its residents.
ARTICLE I
SCOPE OF SERVICES
The CONTRACTOR agrees to:
1.1 Provide professional youth sports management services for CITY residents
at the Aventura Community Recreation Center, CITY parks and facilities in
accordance with the conditions and specifications as set forth in RFP # 16-
07-07-2 and all existing and future rules, regulations, and procedures
relating to the usage of the CITY's facilities.
1.2 Conduct all youth sports leagues, programs and services as assigned by
the City Manager, or his designee, in a professional, careful and
responsible manner with due regard for the safety of the participants and
others, during normal operating hours. CONTRACTOR shall also advise
the Community Services Director, in writing, of all schedules, to which the
Community Services Director may recommend changes.
1.3 Be solely responsible, at CONTRACTOR's sole expense, for securing,
providing and compensating all assistants, instructors, coaches, officials,
and other personnel costs associated with providing youth sports, or as
required by the CITY, at its sole discretion. The CITY shall provide the
necessary sports equipment, classrooms, athletic fields, and facilities for all
recreation programs, and shall register participants for all programs as
described in Section 1.2 at no cost to the CONTRACTOR. The CITY will
provide office space where available.
1.4 Be solely responsible for procuring, providing and paying for player and
staff uniforms, transportation, supplies, and all other costs associated with
providing youth sports as may be required, and to perform these
professional recreation management services safely and adequately.
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1.5 Actively recruit and train volunteers to fulfill the roles of coaches, officials,
scorekeepers, team parents, and other capacities for youth sports
programs and leagues.
1.6 Provide all youth sports programs and leagues as directed by the
Community Services Director, at his sole discretion. The Community
Services Director shall authorize each activity, class, league, or program
prior to planning registration and approve all schedules prior to conducting
registration.
1.7 Provide proof or documentation that all officials used by CONTRACTOR
are certified, as approved by the Community Services Director, prior to the
start of each league.
1.8 Provide the CITY with a copy of rules for each league or program for CITY
approval prior to the start of each season.
1.9 Provide that all coaches involved in youth sports or leagues shall be
certified by the NYSCA (National Youth Sports Coaches Alliance), NAYS
(National Association of Youth Sports), or other approved sanctioning
organization.
1.10 Advise the CITY, at no charge, of specific purchasing needs including all
other related costs.
1.11 Provide the CITY with any special maintenance requirements with at least
seven (7) days prior notice. CITY shall approve all uniforms prior to
issuance.
1.12 Actively supervise all youth sports programs, leagues, and other services,
providing a minimum of one employee for each site during all activities. A
1/10 supervision ratio shall be maintained at all times for all programs and
other activities.
1.13 Provide active supervision of all youth sports teams during all practices,
clinics, and games. All children shall be constantly and appropriately
supervised by qualified adults at all times.
1.14 Recognize that all City facilities shall be available for general public use at
anytime, except for league games, or as otherwise authorized by the
Community Services Director.
1.15 Be responsible for enforcing compliance with the approved rules for all
youth sports programs, leagues and activities. The CITY reserves the right
to enact other rules, if necessary, at its sole discretion.
1.16 Have all of the CONTRACTOR's volunteers and employees complete
Florida Department of Law Enforcement (FDLE) Volunteer and Employee
Criminal History Screening (VECHS) or Florida Department of Children and
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Families (DCF) background screening in accordance with the Community
Services Department Policy 1.7.1 prior to having contact with children. All
background screening shall be completed using the CITY's LIVESCAN
device during the times and dates as determined by the CITY.
Furthermore, the CITY reserves the right to enforce trespass laws upon
and/or suspend, bar, ban, or expel any CONTRACTOR employee, coach,
volunteer, counselor, or instructor from any CITY facility, park or center for
any reason, at its sole discretion, without recourse from the subject person
or the CONTRACTOR.
ARTICLE 2
FEES AND COMPENSATION
2.1 The CONTRACTOR shall be compensated for services rendered pursuant
to the Agreement from fees collected by the CITY from participants or
teams participating in youth sports programs, leagues and activities. All
fees shall be approved by the City Manager, and CONTRACTOR shall not
alter existing fees, or introduce any new fees without the written approval
of the City Manager. CONTRACTOR shall be paid 70% of all revenues
derived from all recreational programs managed by CONTRACTOR
hereunder after CITY's background screening costs have been deducted.
Said payments shall be due and payable by the fifteenth of each month for
revenues derived from the previous month.
2.2 CONTRACTOR shall not charge any participant for any other services not
contained in the Agreement.
2.3 All items sold by CONTRACTOR shall be approved by the Community
Services Director prior to offering any item for sale.
2.4 Upon special request from the CITY, CONTRACTOR shall provide hourly
employees. Those persons shall remain employees of CONTRACTOR, not
CITY. CONTRACTOR shall charge an amount equal to 1.5 of the
employee's hourly salary. CONTRACTOR shall provide CITY with a list of
hourly rates annually for all personnel classifications.
2.5 CONTRACTOR may solicit sponsors for recreational sports leagues,
subject to CITY approval, at its sole discretion. Sponsors shall not be
solicited without the express written consent of the Community Services
Director.
ARTICLE 3
TERMINATION OF AGREEMENT
This Agreement may be terminated upon ten (10) days written notice from the
CITY at CITY's sole discretion. In the event of termination by the CITY, the
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CONTRACTOR shall not be entitled to any compensation other than that earned
prior to and during the notice period. CONTRACTOR may terminate this
Agreement, at its sole discretion, by giving thirty (30) days written notice to the
CITY.
ARTICLE 4
INDEPENDENT CONTRACTOR
CONTRACTOR has control over the means and methods by which it performs
the services. CONTRACTOR, its employees and agents shall be deemed
independent contractors and not agents or employees of the CITY, and shall not
attain any rights or benefits generally afforded City employees; further,
CONTRACTOR, its employees and agents shall not be deemed entitled to the
CITY'S worker's compensation, insurance benefits or similar laws.
ARTICLE 5
INDEMNIFICATION CLAUSE
CONTRACTOR agrees to defend, indemnify and hold harmless the CITY from
and against any and all claims, suits, damages, liabilities or causes of action
arising during the term of this Agreement, arising out of, related to, or in any way
connected with the performance or non-performance of any provision of this
Agreement required of the CONTRACTOR, including personal injury, loss of life
or damage to property and from and against any orders, judgment or decrees
which may be entered, and from and against all costs, attorney's fees, and
expenses incurred in and about the defense of any such claim and the
investigation thereof. However, nothing shall be deemed to indemnify CITY for
any liability or claim arising solely out of the negligent performance or failure of
performance of CITY.
ARTICLE 6
INSURANCE
6.1 CONTRACTOR shall provide, pay for, and maintain in full force at all times
during the period of this Agreement, each of those forms and amounts of
insurance as is set forth in the "Insurance Requirements' section of the
RFP, and shall name CITY as additional insured as required therein. The
CONTRACTOR'S insurance coverage shall be considered the primary
coverage.
ARTICLE 7
MISCELLANEOUS
7.1 CONTRACTOR shall, without additional expenses to CITY, be responsible
for obtaining any necessary licenses and for complying with any
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applicable federal, state, county, and municipal laws, ordinances, and
regulations in connection with the performance of the services specified
herein. CONTRACTOR shall take proper safety and health precautions,
including the employment of needed assistance, to protect participants,
the CITY, the public and property of others. CONTRACTOR shall be
responsible for all services performed during the term of this Agreement.
7.2 The CONTRACTOR shall not hold unauthorized classes or programs;
promote any privately owned business; or solicit any participant in a CITY
park or facility for any privately owned business. It is further understood
that such action(s) may result in immediate termination of the Agreement
and the forfeiture of all compensation due to the CONTRACTOR.
7.3 CONTRACTOR shall meet with the Community Services Director or
designee, and shall attend all meetings as required.
7.4 No modification, amendment, or alteration of the terms and conditions
contained herein shall be effective unless contained in a written document
executed with the same formality and equal dignity herewith.
7.5 This Agreement is non-transferable or assignable, and CONTRACTOR
agrees not to transfer or assign the performance of services called for in
the Agreement.
7.6 This Agreement sets forth the full and complete understanding of the
Parties as of the effective date, and supersedes any and all negotiations,
agreements, and representations made or dated prior to this Agreement.
7.7 This Agreement shall commence effective as of July 21, 2016 for an initial
three (3) year term, subject to renewals and extensions by mutual written
agreement. The City Manager shall act for CITY hereunder.
IN WITNESS THEREOF, the parties hereto have made and executed this
Agreement on the date above:
/ \A`F-' CITY OF ` - NTURA
M� � By:
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E.:4;Y2'* Eric M. Sorok:, ICI A-CM
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City Man:grr
ATTEST: C. ed, 17,
Elissa L. Horvath, M
City Clerk
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APPROVED A TO LE A L FORM:
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City Attorney
CO TRACTOR
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BY: Oa*,
Aven ura `ports, LLC
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