Item Coversheet

Resolutions - C7  M




COMMISSION MEMORANDUM

TO:Honorable Mayor and Members of the City Commission 
FROM:Alina T. Hudak, City Manager 
DATE:June  28, 2023
 



SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, WAIVING, BY 5/7TH VOTE, THE FORMAL COMPETITIVE BIDDING REQUIREMENT, FINDING SUCH WAIVER TO BE IN THE BEST INTEREST OF THE CITY, AND APPROVING, IN SUBSTANTIAL FORM, A PROFESSIONAL SERVICES AGREEMENT WITH DANNY BERRY BASEBALL CAMP, INC. FOR YOUTH BASEBALL PROGRAMMING, FOR AN INITIAL TERM OF THREE (3) YEARS, WITH TWO (2) ONE-YEAR RENEWAL TERMS, AT THE CITY'S OPTION, SUBJECT TO FINAL NEGOTIATION BY THE ADMINISTRATION; SAID AGREEMENT PROVIDING FOR THE PAYMENT TO DANNY BERRY OF AN ANNUAL MANAGEMENT FEE, IN THE AMOUNT OF $156,850.00, AND THE REIMBURSEMENT OF PROGRAM OPERATING EXPENSES, IN THE AMOUNT NOT TO EXCEED $620,650.00 ANNUALLY, FOR A TOTAL ANNUAL CONTRACT AMOUNT NOT TO EXCEED $777,500.00; AND FURTHER AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE THE FINAL AGREEMENT.  

RECOMMENDATION

The Administration recommends approval in substantial form, an agreement with Danny Berry Baseball Camp, Inc, in the amount not to exceed $156,850.00 for the management fee annually and $620,650.00 annually for reimbursable program expenses, to provide youth baseball program for the City; and further authorizing the Mayor and City Clerk to execute the final agreement.

BACKGROUND/HISTORY

On March 26, 2018, the City of Miami Beach executed an agreement with Danny Berry Baseball Camp, Inc. to administer a youth baseball program for the City. The competitive bidding requirement was waived and approved by Commission at the March 7, 2018 meeting via Resolution No. 2018-30240. This agreement commenced on August 1, 2018 for a term of three (3) years, with two (2) additional one (1) year renewal options, at City Manager’s sole option and discretion. The agreement is set to expire on September 30, 2023.

 

During the February 1, 2023 City Commission meeting, an item titled “Discuss/take action, Parks and Recreation Advisory Board Recommendation – Extend Contract with Danny Berry Baseball,” was heard.

 

After discussion, a motion was passed directing the Administration to negotiate an agreement with Danny Berry Baseball, as a bid waiver, and come back with a negotiated agreement to the City Commission.

ANALYSIS

Since 2015, the Danny Berry Baseball Camp, Inc. has been offering quality recreational and travel baseball programs to the Miami Beach community at North Shore Park, Polo Park and Flamingo Park. The program has had over 563 participants in the recreational league for the 2022-2023 fall and spring seasons as well as 51 participants in the travel league. The incredible success of the program has been supported by numerous parents whose children participate in the program and received a favorable recommendation by way of the following unanimous motion passed at the January 19, 2023 Parks and Recreational Facilities Board meeting:

 

“The Parks and Recreational facilities Advisory Board motions to support continuing the youth baseball program with Danny Berry Baseball as the program provider by extending the contract, waiving bid process, and negotiating any contract points deemed appropriate by the Parks Department based on the overwhelming community support received at this evening’s meeting.”

 

The Administration has been in negotiation with the Danny Berry Baseball Camp, Inc. over the past several months, and has reached consensus on all agreement points. Highlights of the agreement that are important to emphasize include the following:

 

  • Term: The Agreement shall be for an initial term of three (3) years. The Agreement may be extended for two (2) additional one (1) year terms on a year-to-year basis at the sole discretion of the City Manager.
  • Fee:
    • Danny Berry Baseball Camp, Inc. shall be paid a Management Fee of a not to exceed $156,850 annually and will also be reimbursed for all expenses up to a maximum amount of $620,650 annually. Danny Berry Baseball Camp, Inc. will be responsible for providing complete financial documentation to the City inclusive of profit and loss forms encompassing all operating expenses detailing salaries of coaches, umpire fees, uniform fees and any other relevant expenses prior to the release of funds to the Contractor by the City for reimbursement.
    • The City will be responsible for the collection of all fees associated with the program, estimating $789,450.00 annually.  These fees will be used to fund the Management Fee as well as the reimbursable expenses.

SUPPORTING SURVEY DATA

N/A

FINANCIAL INFORMATION

The fiscal impact is subject to the approval of the FY 2024 budget.
Amount(s)/Account(s):

Not to Exceed $156,850 - Annual Management Fee to Contractor

Not to Exceed $620,650 - Annual Reimbursable Expenses to Contractor

Estimated $789,450 - Annual Revenue Collected by the City 

Applicable Area

Citywide
Is this a "Residents Right to Know" item, pursuant to City Code Section 2-14? Does this item utilize G.O. Bond Funds?
Yes No 

Strategic Connection

Non-Applicable
Legislative Tracking
Parks and Recreation
Sponsor
Commissioner Alex Fernandez

ATTACHMENTS:
Description
Exhibit A – 2018 Danny Berry’s Baseball Camp, Inc. Agreement and Amendments
Exhibit B - Draft Agreement with Danny Berrys Baseball Camp Inc
Exhibit C - Item R9X February 1, 2023 Commission Meeting
Resolution