Agenda 04/22/2025 Item #16A184/22/2025
Item # 16.A.18
ID# 2025-1136
Executive Summary
Recommendation to approve a Second Amendment to Agreement No. 22-7966, “Baseball and Softball Officials,” with
the Collier Recreation Baseball/Softball Umpire Association, Inc., for a one-year renewal and a price increase for the
remaining renewal terms.
OBJECTIVE:
To continue to maintain umpire services at various Parks throughout the County.
CONSIDERATIONS:
On June 28, 2022 (Agenda Item No. 16.D.2), the County entered into Agreement No. 22-7966 (the
"Agreement") with the Collier Recreation Baseball/Softball Umpire Association, Inc. (the “Contractor”) for
umpire services. The Parks and Recreation Division provides adult softball programs for the community. As
part of the program, it is the Division’s responsibility to provide umpires to officiate the games.
On February 14, 2023 (Agenda Item No. 16.D.6), the County approved a First Amendment to the Agreement,
allowing for a reduced number of officials and a price change to the existing fee schedule.
The Agreement, as amended, allows for an increase when renewing after the first term. Due to continued
labor market volatility and staffing challenges, there have been additional cost increases. On March 3, 2025,
staff negotiated a two-dollar ($2.00) increase per umpire with two officials for year four and an additional
one-dollar ($1.00) increase per umpire for year five to alleviate the burden of a significant cost increase
during the fourth year of the Agreement and account for the market fluctuations in the final year of the
Agreement. Games with one official will increase by three dollars ($3.00) for year four and an additional one
dollar and fifty cents ($1.50) for year five due to the additional workload when only one official can be
present. The Contractor makes every effort to work with the park’s staff to have two officials at each game;
however, due to staffing constraints, this is not always possible. Staff is recommending to renew for an
additional year from June 28, 2025, until June 27, 2026, and to accept the new rates as shown below:
Description Unit Renewed Amount
Two (2) officials – Year 4 (All
locations excluding
Immokalee)
Per game $37.00 per umpire
Two (2) officials – Year 5 (All
locations excluding
Immokalee)
Per game $38.00 per umpire
One (1) official – Year 4 (All
locations) Per game $55.50 per umpire
One (1) official – Year 5 (All
locations) Per game $57.00 per umpire
The Contractor has been providing official services for various parks throughout the County since 2004. The
Contractor provides umpire services for the City of Naples as well. Effective October 1, 2024, the City of
Naples (the "City") began paying the proposed rate of $37.00 per umpire, per game for two officials and
$55.50 per umpire, per game for one official. Using the City’s pricing as a comparison, the Contractor is
providing the County with a fair and reasonable price increase that other government agencies are already
paying. The amendment and renewal of this contract ensures the continuation of the largest recreation
Baseball/Softball league in Collier County.
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4/22/2025
Item # 16.A.18
ID# 2025-1136
This item supports the County’s strategic plan focus area, quality of place, by allowing the County to continue to
provide quality public amenities and recreational opportunities.
FISCAL IMPACT: Funds for umpire officials is budgeted annually and available within various cost centers
in General Fund (0001) and MSTD General Fund (1011). Historically, the County spends approximately
$65,000 annually on these services; however, this may not be indicative of future buying patterns. Anticipated
expenditure of approximately $72,000 during Year 5 of this contract under the proposed rates.
GROWTH MANAGEMENT IMPACT:
There is no Growth Management Impact related to this action.
LEGAL CONSIDERATIONS:
This item is approved as to form and legality and requires majority vote for Board approval. —SRT
RECOMMENDATIONS: To approve the Second Amendment to Agreement No. 22-7966 to Collier
Recreation Baseball/Softball Umpire Association, Inc., for a one-year renewal with price increases, and
authorize the Chairman to sign the Amendment.
PREPARED BY: Brooke Roxberry, Management Analyst II, Operations and Regulatory Management
Division
ATTACHMENTS:
1. 22-7966 Contract_CollierRecreationBaseball
2. 22-7966- Amend#1_CollierRecreation_FullyExecuted
3. 22-7966 SecondAmendVS_Collier Recreation1
4. 22-7966 Collier Recreation Baseball_1of2_1YrRenewal
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FIXED TERM SERVICE AGREEMENT
22-7966
for
Baseball and Softball Officials
THIS AGREEMENT, made and entered into on this 2 g.1 day of 20 22 ,
by and between Collier Recreation Baseball/Softball Umpires Association, Inc.
authorized to do business in the State of Florida, whose business address is 2072 Crestview
Way, Naples, FL 34119 the "Contractor")
and Collier County, a political subdivision of the State of Florida, (the "County"):
WITNESSETH:
1. AGREEMENT TERM. The Agreement shall be for a three 3 ) year period,
commencing "bon the date of Board approval; or 061 and
terminating on three 3 ) year(s) from that date or until all outstanding Purchase
Order(s) issued prior to the expiration of the Agreement period have been completed or
terminated.
The County may, at its discretion and with the consent of the Contractor, renew the
Agreement under all of the terms and conditions contained in this Agreement for
two ( _2 ) additional one ( 1 ) year(s) periods. The County shall give the
Contractor written notice of the County's intention to renew the Agreement term prior to
the end of the Agreement term then in effect.
The County Manager, or his designee, may, at his discretion, extend the Agreement
under all of the terms and conditions contained in this Agreement for up to one hundred
and eighty (180) days. The County Manager, or his designee, shall give the
Contractor written notice of the County's intention to extend the Agreement term not
less than ten (10) days prior to the end of the Agreement term then in effect.
2. COMMENCEMENT OF SERVICES. The Contractor shall commence the work upon
issuance of a I Purchase Order Notice to Proceed.
3. STATEMENT OF WORK. The Contractor shall provide services in accordance with the
terms and conditions of n Rcqucct for Proposal (RFP) Invitation to Bid (ITB)
l Other 22-7966 , including
all Attachment(s), Exhibit(s) and Addenda and the Contractor's proposal referred to
herein and made an integral part of this Agreement.
Ui The Contractor shall also provide services in accordance with Exhibit A — Scope of
Services attached hereto.
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3.1 This Agreement contains the entire understanding between the parties and any
modifications to this Agreement shall be mutually agreed upon in writing by the Parties,
in compliance with the County's Procurement Ordinance, as amended, and Procurement
Procedures in effect at the time such services are authorized.
4. THE AGREEMENT SUM. The County shall pay the Contractor for the performance of
this Agreement based on Exhibit B- Fee Schedule, attached hereto and the price
methodology as defined in Section 4.1. Payment will be made upon receipt of a proper
invoice and upon approval by the County's Contract Administrative Agent/Project
Manager, and in compliance with Chapter 218, Fla. Stats., otherwise known as the "Local
Government Prompt Payment Act".
4.1 Price Methodology (as selected below):
L
transferred from the County to the contractor; and, as a business practice there arc no
hourly or material invoices presented, rather, the contractor must perform to the
is authorized.
that the project requirements would most likely change. As a general business practice,
documentation for the project.
Unit Price: The County agrees to pay a firm total fixed price (inclusive of all costs,
including labor, materials, equipment, overhead, etc.) for a repetitive product or service
delivered (i.e. installation price per ton, delivery price per package or carton, etc.). The
invoice must identify the unit price and the number of units received (no contractor
inventory or cost verification).
4-
4.3 Payments will be made for services furnished, delivered, and accepted, upon
receipt and approval of invoices submitted on the date of services or within six (6) months
after completion of the Agreement. Any untimely submission of invoices beyond the
specified deadline period is subject to non-payment under the legal doctrine of "'aches"
as untimely submitted. Time shall be deemed of the essence with respect to the timely
submission of invoices under this Agreement.
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4.4 The County, or any duly authorized agents or representatives of the County, shall
have the right to conduct an audit of Contractor's books and records to verify the accuracy
of the Contractor's claim with respect to Contractor's costs associated with any Payment
Application, Change Order, or Work Directive Change.
475 Travel and
Reimbursable Expenses must be approved is advance in writing by the County. Travel
expenses shall be reimbursed as per Section 112.061 Ha. Stats.
0 44,6-per-FRile
Breakfast 6.00
4-1.00
Dinner 14.00
Airfare Actual ticket cost limited to tourist or coach class fare
Rental car
vesicles
hedging Aettial-eest-ef-led-giRg-at-sii4e occupancy rate with a
Ref Actual cost of parking
Taxi or Airport Limousine Actual cost of either taxi or airport limousine
long distance charges, fax charges, photocopying charges and postage. Reimbursable
5. SALES TAX. Contractor shall pay all sales, consumer, use and other similar taxes
associated with the Work or portions thereof, which are applicable during the performance
of the Work. Collier County, Florida as a political subdivision of the State of Florida, is
exempt from the payment of Florida sales tax to its vendors under Chapter 212, Florida
Statutes, Certificate of Exemption # 85-8015966531C.
6. NOTICES. All notices from the County to the Contractor shall be deemed duly served if
mailed or emailed to the Contractor at the following:
Company Name: Collier Recreation Baseball/Softball Umpires Association, Inc.
Address: 2072 Crestview Way
Naples, FL 34119
Authorized Agent: Michael F. Rivara President
Attention Name & Title:
Telephone: 239) 596-7262
E-Mail(s): Mfrivaragmail.com
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All Notices from the Contractor to the County shall be deemed duly served if mailed or
emailed to the County to:
Board of County Commissioners for Collier County, Florida
Division Name: Parks and Recreation Division
Division Director: Olema Edwards, Interim
Address: 15000 Livingston Road
Naples, FL 34109
Administrative Agent/PM: James Hanrahan, Supervisor-Recreation
Telephone: 239) 252-4067
E-Mail(s): James.Hanrahan@colliercountyfl.gov
The Contractor and the County may change the above mailing address at any time upon
giving the other party written notification. All notices under this Agreement must be in
writing.
7. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a
partnership between the County and the Contractor or to constitute the Contractor as an
agent of the County.
8. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.S., all permits
necessary for the prosecution of the Work shall be obtained by the Contractor. The County
will not be obligated to pay for any permits obtained by Subcontractors.
Payment for all such permits issued by the County shall be processed internally by the
County. All non-County permits necessary for the prosecution of the Work shall be
procured and paid for by the Contractor. The Contractor shall also be solely responsible
for payment of any and all taxes levied on the Contractor. In addition, the Contractor shall
comply with all rules, regulations and laws of Collier County, the State of Florida, or the
U. S. Government now in force or hereafter adopted. The Contractor agrees to comply
with all laws governing the responsibility of an employer with respect to persons employed
by the Contractor.
9. NO IMPROPER USE. The Contractor will not use, nor suffer or permit any person to use
in any manner whatsoever, County facilities for any improper, immoral or offensive
purpose, or for any purpose in violation of any federal, state, county or municipal
ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect
or hereafter enacted or adopted. In the event of such violation by the Contractor or if the
County or its authorized representative shall deem any conduct on the part of the
Contractor to be objectionable or improper, the County shall have the right to suspend the
Agreement of the Contractor. Should the Contractor fail to correct any such violation,
conduct, or practice to the satisfaction of the County within twenty-four (24) hours after
receiving notice of such violation, conduct, or practice, such suspension to continue until
the violation is cured. The Contractor further agrees not to commence operation during
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the suspension period until the violation has been corrected to the satisfaction of the
County.
10. TERMINATION. Should the Contractor be found to have failed to perform his services in
a manner satisfactory to the County as per this Agreement, the County may terminate
said Agreement for cause; further the County may terminate this Agreement for
convenience with a thirty (30) day written notice. The County shall be sole judge of the
non-performance.
In the event that the County terminates this Agreement, Contractor's recovery against the
County shall be limited to that portion of the Agreement Amount earned through the date
of termination. The Contractor shall not be entitled to any other or further recovery against
the County, including, but not limited to, any damages or any anticipated profit on portions
of the services not performed.
11. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as to
race, sex, color, creed or national origin.
12. INSURANCE. The Contractor shall provide insurance as follows:
A. 011 Commercial General Liability: Coverage shall have minimum limits of
1,000,000 Per Occurrence, $2,000,000 aggregate for Bodily Injury Liability
and Property Damage Liability. This shall include Premises and Operations; Independent
Contractors; Products and Completed Operations and Contractual Liability.
B. I I Business Alm Liability4 image sal have cniniinum limits of
Per Occurrence, Combined Single Limit for
Vehicles and Employee Non Ownership.
C. • Workers' Compensation: Insurance covering all employees meeting Statutory
Limits in compliance with the applicable state and federal laws.
The coverage must include Employers' Liability with a minimum limit of
500,000 for each accident.
D. I I Professional Liabilitvj Shall be maintained by the Contractor to ensure its legal
Agreement. Contractor waives its right of recovery against County as to any claims under
this insurance. Such insurance shall have limits of not less than $ each
claim and aggregate.
E. LI
F. n Coverage-shaThhavve
nimum limits of $ per claim.
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G. Coverage shall have
minimum limits of$ per claim/Occurrence.
H. Coverage shall have
naifn4mum limits of$ per claim/Occurrence.
Special Requirements: Collier County Board of County Commissioners, OR, Board of
County Commissioners in Collier County, OR, Collier County Government shall be listed
as the Certificate Holder and included as an "Additional Insured" on the Insurance
Certificate for Commercial General Liability where required. This insurance shall be
primary and non-contributory with respect to any other insurance maintained by, or
available for the benefit of, the Additional Insured and the Contractor's policy shall be
endorsed accordingly.
Current, valid insurance policies meeting the requirement herein identified shall be
maintained by Contractor during the duration of this Agreement. The Contractor shall
provide County with certificates of insurance meeting the required insurance provisions.
Renewal certificates shall be sent to the County thirty (30) days prior to any expiration
date. Coverage afforded under the policies will not be canceled or allowed to expire until
the greater of: thirty (30) days prior written notice, or in accordance with policy provisions.
Contractor shall also notify County, in a like manner, within twenty-four (24) hours after
receipt, of any notices of expiration, cancellation, non-renewal or material change in
coverage or limits received by Contractor from its insurer, and nothing contained herein
shall relieve Contractor of this requirement to provide notice.
Contractor shall ensure that all subcontractors comply with the same insurance
requirements that the Contractor is required to meet.
13. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Contractor
shall defend, indemnify and hold harmless Collier County, its officers and employees from
any and all liabilities, damages, losses and costs, including, but not limited to, reasonable
attorneys' fees and paralegals' fees, whether resulting from any claimed breach of this
Agreement by Contractor, any statutory or regulatory violations, or from personal injury,
property damage, direct or consequential damages, or economic loss, to the extent
caused by the negligence, recklessness, or intentionally wrongful conduct of the
Contractor or anyone employed or utilized by the Contractor in the performance of this
Agreement. This indemnification obligation shall not be construed to negate, abridge or
reduce any other rights or remedies which otherwise may be available to an indemnified
party or person described in this paragraph.
This section does not pertain to any incident arising from the sole negligence of Collier
County.
13.1 The duty to defend under this Article 13 is independent and separate from the duty to
indemnify, and the duty to defend exists regardless of any ultimate liability of the Contractor,
County and any indemnified party. The duty to defend arises immediately upon
presentation of a claim by any party and written notice of such claim being provided to
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Contractor. Contractor's obligation to indemnify and defend under this Article 13 will survive
the expiration or earlier termination of this Agreement until it is determined by final judgment
that an action against the County or an indemnified party for the matter indemnified
hereunder is fully and finally barred by the applicable statute of limitations.
14. AGREEMENT ADMINISTRATION. This Agreement shall be administered on behalf of
the County by the Parks and Recreation Division
15. CONFLICT OF INTEREST. Contractor represents that it presently has no interest and
shall acquire no interest, either direct or indirect, which would conflict in any manner with
the performance of services required hereunder. Contractor further represents that no
persons having any such interest shall be employed to perform those services.
16. COMPONENT PARTS OF THIS AGREEMENT. This Agreement consists of the following
component parts, all of which are as fully a part of the Agreement as if herein set out
verbatim: Contractor's Proposal, Insurance Certificate(s), s Exhibit A Scope of Services,
Exhibit B Fee Schedule, I I RFP/ ITB/I 1 Other
22-7966 , including Exhibits, Attachments and Addenda/Addendum, subsequent
quotec, and Other Exhibit/Attachmcnt:
17. APPLICABILITY. Sections corresponding to any checked box ( ) expressly apply to
the terms of this Agreement.
18. SUBJECT TO APPROPRIATION. It is further understood and agreed by and between
the parties herein that this Agreement is subject to appropriation by the Board of County
Commissioners.
19. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual
shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other
item of value to any County employee, as set forth in Chapter 112, Part III, Florida
Statutes, Collier County Ethics Ordinance No. 2004-05, as amended, and County
Administrative Procedure 5311. Violation of this provision may result in one or more of
the following consequences: a. Prohibition by the individual, firm, and/or any employee of
the firm from contact with County staff for a specified period of time; b. Prohibition by the
individual and/or firm from doing business with the County for a specified period of time,
including but not limited to: submitting bids, RFP, and/or quotes; and, c. immediate
termination of any Agreement held by the individual and/or firm for cause.
20. COMPLIANCE WITH LAWS. By executing and entering into this Agreement, the
Contractor is formally acknowledging without exception or stipulation that it agrees to
comply, at its own expense, with all federal, state and local laws, codes, statutes,
ordinances, rules, regulations and requirements applicable to this Agreement, including
but not limited to those dealing with the Immigration Reform and Control Act of 1986 as
located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be
amended; taxation, workers' compensation, equal employment and safety including, but
not limited to, the Trench Safety Act, Chapter 553, Florida Statutes, and the Florida Public
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Records Law Chapter 119, if applicable, including specifically those contractual
requirements at F.S. § 119.0701(2)(a)-(b) as stated as follows:
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO
THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS
AT:
Division of Communications, Government and Public Affairs
3299 Tamiami Trail East, Suite 102
Naples, FL 34112-5746
Telephone: (239) 252-8999
Email: PubiicRecordReguest(acolliercountyfl.gov
The Contractor must specifically comply with the Florida Public Records Law to:
1. Keep and maintain public records required by the public agency to perform the
service.
2. Upon request from the public agency's custodian of public records, provide the
public agency with a copy of the requested records or allow the records to be
inspected or copied within a reasonable time at a cost that does not exceed the
cost provided in this chapter or as otherwise provided by law.
3. 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 the
Contractor does not transfer the records to the public agency.
4. Upon completion of the contract, transfer, at no cost, to the public agency all
public records in possession of the Contractor or keep and maintain public
records required by the public agency to perform the service. If the Contractor
transfers all public records to the public agency upon completion of the contract,
the Contractor shall destroy any duplicate public records that are exempt or
confidential and exempt from public records disclosure requirements. If the
Contractor keeps and maintains public records upon completion of the contract,
the Contractor shall meet all applicable requirements for retaining public records.
All records stored electronically must be provided to the public agency, upon
request from the public agency's custodian of public records, in a format that is
compatible with the information technology systems of the public agency.
If Contractor observes that the Contract Documents are at variance therewith, it shall
promptly notify the County in writing. Failure by the Contractor to comply with the laws
referenced herein shall constitute a breach of this Agreement and the County shall have
the discretion to unilaterally terminate this Agreement immediately.
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21. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County
encourages and agrees to the successful Contractor extending the pricing, terms and
conditions of this solicitation or resultant Agreement to other governmental entities at the
discretion of the successful Contractor.
22. PAYMENTS WITHHELD. The County may decline to approve any application for
payment, or portions thereof, because of defective or incomplete work, subsequently
discovered evidence or subsequent inspections. The County may nullify the whole or any
part of any approval for payment previously issued and the County may withhold any
payments otherwise due to Contractor under this Agreement or any other Agreement
between the County and Contractor, to such extent as may be necessary in the County's
opinion to protect it from loss because of: (a) defective Work not remedied; (b) third party
claims failed or reasonable evidence indicating probable fling of such claims; (c) failure of
Contractor to make payment properly to subcontractors or for labor, materials or
equipment; (d) reasonable doubt that the Work can be completed for the unpaid balance
of the Contract Amount; (e) reasonable indication that the Work will not be completed
within the Contract Time; (f) unsatisfactory prosecution of the Work by the Contractor; or
g) any other material breach of the Contract Documents.
If any conditions described above are not remedied or removed, the County may, after
three (3) days written notice, rectify the same at Contractor's expense. The County also
may offset against any sums due Contractor the amount of any liquidated or unliquidated
obligations of Contractor to the County, whether relating to or arising out of this Agreement
or any other Agreement between Contractor and the County.
23. fl
rubbish and waste materials arising out of the Work. At the completion of the Work,
reject
materials, and shall leave the Project site clean.
24. STANDARDS OF CONDUCT: PROJECT MANAGER, SUPERVISOR, EMPLOYEES.
The Contractor shall employ people to work on County projects who are neat, clean,
well-groomed and courteous. Subject to the American with Disabilities Act, Contractor
shall supply competent employees who are physically capable of performing their
employment duties. The County may require the Contractor to remove an employee it
deems careless, incompetent, insubordinate or otherwise objectionable and whose
continued employment on Collier County projects is not in the best interest of the County.
25 I I WARRANTY
will be of satisfactory material and quality production, free from defects, and sufficient for
the purpose intended. Goods shall be delivered free-from any security interest or other
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and payment by the County.
fabricators, suppliers or processors except as otherwise provided for in the Contract
Documents.
If, within one (1) year after final completion, any Work is found to be defective or not in
conformance with the Contract Documents, Contractor shall correct it promptly after
for replacement or repair of adjacent materi
of such replacement or repair. These warranties arc in addition to those implied
26.
acceptable to the County.
27. 7
of any such loss or damage until final payment has been made. If Contractor or
to the Work, or other work or materials of the County or County's separate
contractors, Contractor shall be charge
to replace such loss or damage shall
Work or adjacent property to stresses or pressures that will endanger it.
C. Contractor shall not disturb any benchmark established by the County with respect
immediately notify the County. The County shall re establish the benchmarks and
28. SUBMITTALS AND SUBSTITUTIONS. Any substitution of products/materials from
specifications shall be approved in writing by the County in advance.
29. CHANGES IN THE WORK. The County shall have the right at any time during the
progress of the Work to increase or decrease the Work. Promptly after being notified of a
change, Contractor shall submit an estimate of any cost or time increases or savings it
foresees as a result of the change. Except in an emergency endangering life or property,
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or as expressly set forth herein, no addition or changes to the Work shall be made except
upon modification of the Purchase Order by the County, and the County shall not be liable
to the Contractor for any increased compensation without such modification. No officer,
employee or agent of the County is authorized to direct any extra or changed work orally.
Any modifications to this Agreement shall be in compliance with the County Procurement
Ordinance and Procedures in effect at the time such modifications are authorized.
30. AGREEMENT TERMS. If any portion of this Agreement is held to be void, invalid, or
otherwise unenforceable, in whole or in part, the remaining portion of this Agreement shall
remain in effect.
31. ADDITIONAL ITEMS/SERVICES. Additional items and/or services may be added to this
Agreement in compliance with the Procurement Ordinance, as amended, and
Procurement Procedures.
32. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by
this Agreement to resolve disputes between the parties, the parties shall make a good
faith effort to resolve any such disputes by negotiation. The negotiation shall be attended
by representatives of Contractor with full decision-making authority and by County's staff
person who would make the presentation of any settlement reached during negotiations
to County for approval. Failing resolution, and prior to the commencement of depositions
in any litigation between the parties arising out of this Agreement, the parties shall attempt
to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator
certified by the State of Florida. The mediation shall be attended by representatives of
Contractor with full decision-making authority and by County's staff person who would
make the presentation of any settlement reached at mediation to County's board for
approval. Should either party fail to submit to mediation as required hereunder, the other
party may obtain a court order requiring mediation under section 44.102, Fla. Stat.
33. VENUE. Any suit or action brought by either party to this Agreement against the other
party relating to or arising out of this Agreement must be brought in the appropriate federal
or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction
on all such matters.
34. I ntr-te-be—util zed for
t-
mancc of the Agreement. The Contractor shall assign
t the required service
ad•itions-af-e
siblc.
within
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AGREEMENT STAFFING. The Contractor's personnel and management to be utilized
for this Agreement shall be knowledgeable in their areas of expertise. The County
reserves the right to perform investigations as may be deemed necessary to ensure that
competent persons will be utilized in the performance of the Agreement. The Contractor
shall assign as many people as necessary to complete required services on a timely basis,
and each person assigned shall be available for an amount of time adequate to meet
required services.
35. ORDER OF PRECEDENCE. In the event of any conflict between or among the terms
of any of the Contract Documents, the terms of solicitation the Contractor's Proposal,
and/or the County's Board approved Executive Summary, the Contract Documents shall
take precedence.
I
among the terms of any of the Contract Documents and/or the County's Board approved
precedence over the Agreement. To the extent any conflict in the terms of the Contract
Documents cannot be resolved by application of the Supplemental Conditions, if any, or
36. ASSIGNMENT. Contractor shall not assign this Agreement or any part thereof, without
the prior consent in writing of the County. Any attempt to assign or otherwise transfer this
Agreement, or any part herein, without the County's consent, shall be void. If Contractor
does, with approval, assign this Agreement or any part thereof, it shall require that its
assignee be bound to it and to assume toward Contractor all of the obligations and
responsibilities that Contractor has assumed toward the County.
37. SECURITY. The Contractor is required to comply with County Ordinance 2004-52, as
amended. Background checks are valid for five (5) years and the Contractor shall be
responsible for all associated costs. If required, Contractor shall be responsible for the
costs of providing background checks by the Collier County Facilities Management
Division for all employees that shall provide services to the County under this Agreement.
This may include, but not be limited to, checking federal, state and local law enforcement
records, including a state and FBI fingerprint check, credit reports, education, residence
and employment verifications and other related records. Contractor shall be required to
maintain records on each employee and make them available to the County for at least
four(4)years. All of Contractor's employees and subcontractors must wear Collier County
Government Identification badges at all times while performing services on County
facilities and properties. Contractor ID badges are valid for one (1) year from the date of
issuance and can be renewed each year at no cost to the Contractor during the time
period in which their background check is valid, as discussed below. All technicians shall
have on their shirts the name of the contractor's business.
The Contractor shall immediately notify the Collier County Facilities Management Division
via e-mail (DL-FMOPS@colliergov.net) whenever an employee assigned to Collier
Page 12 of 17
Fixed Term Service Agreement 2022_Ver.1
Goo
Page 1775 of 6355
County separates from their employment. This notification is critical to ensure the
continued security of Collier County facilities and systems. Failure to notify within four (4)
hours of separation may result in a deduction of $500 per incident.
38. SAFETY. All Contractors and subcontractors performing service for Collier County arc
State-and- cab4e
the safety of their employees and any unsafe acts or conditions that may cause injury or
Collier County Government has authorized the Occupational Safety and Health
fat' the purpose of inspection of any Contractor's work operations. This provision is non
criteria apply as well as all Contractor rights, with one exception. Contractors do not have
the right to refuse to allow OSHA onto a project that is being performed on Collier Coup
Safety Engineer.
Intentionally left blank -signature page to follow)
Page 13 of 17
Fixed Term Service Agreement 2022_Ver.1
Gitb
Page 1776 of 6355
IN WITNESS WHEREOF, the parties hereto, by an authorized person or agent, have executed
this Agreement on the date and year first written above.
ATTEST: BOARD OF COUNTY COMMISSIONERS
Crystal K. Kinzel, Clerk of the Circuit COLLIER COUNTY, FLORIDA
Court and Comptroller
By: M A. ,.r ri By:/
6.2)..
Willi L. McDaniel Jr. Chairman
Dated: F ill otaoff.,
SEAL iA ,O 3 Collier Recreation Baseball/Softball Umpires
Signatui only. Association,Inc.
Contractor's Witnesses: Contractor
By: Azoi,IF--7/e-mud.___
o tractor's F. s Witness Signature
II^^ Ai/e/iA L ,- 4i 4-K.A j'0F 5/b J%
Uri . 005 TType/print signature and titl'eT
TType/print witness namel'
ontractor's Second Witness
A---)r- ._ /7---;/.44,-41/&:R/7
TType/print witness nameT
Approv a o Form and egality:
c)
County Attorney
00 o 0
Print Name Q\x
Page 14 of 17
Fixed Tetm Service Agreement 2022_Ver.I
Page 1777 of 6355
Exhibit A
Scope of Services
0 following this page (containing
3
pages)
this exhibit is not applicable
Page 15 of 17
Fixed Term Service Agreement 2022_Ver.1
0
Gt,
Page 1778 of 6355
Invitation to Bid (ITB) # 22-7966 "Baseball and Softball Officials"
EXHIBIT A
SCOPE OF SERVICES
The terms "Vendor" and"Contractor" may be used interchangeably throughout this Agreement.
The terms "Division" and"County" may be used interchangeably throughout this Agreement.
DETAILED SCOPE OF WORK
The Collier County Parks and Recreation Division (the"Division") is seeking certified officials on an as-needed basis
to serve as umpires for baseball and softball games. The officials must wear a uniform while umpiring the games.
The number of officials required at all games for Men, Coed, 35 and older, and Church Leagues will be two (2). This
determination will take place during the mandatory Team/ Coaches meeting for the leagues which are set
approximately one month before the start of the season.
It is estimated that officials will be requested for a maximum of seventy-five (75) games per week. The Parks and
Recreation Division will provide a regular-season schedule four (4) days before the start of the season. The Vendor
will be required to provide a list of certified umpires with contact information. If a game is canceled or postponed,the
Division will contact the official an hour and a half(1 Y2)before game time. If the games are not canceled or postponed
at least one hour prior to the scheduled game time by the Division, each first game will be paid.
The Vendor is to ensure that all personnel utilized for officiating services are knowledgeable in all applicable rules
and regulations, as they pertain to this sports activity. Such officials must have a complete understanding and
knowledge of the methods of common scorekeeping practices for the sports activity in question. At the option of the
County, such officials may be tested as to their knowledge of these rules and procedures.
In the case of a protested game where the protest is upheld, the game shall be replayed in accordance with applicable
league play from the point of protest. Officiating services for such games shall be provided at no additional cost to the
County.
A. Officiating Procedures
Officials shall arrive at the game site in the proper uniform a minimum of fifteen (15) minutes before the scheduled
time for the first game. Delays or interrupted start-up time, caused by the failure of timely arrival, may result in one-
half of the game fee being forfeited and returned to the County as a penalty.
Complete and sign a score report card at the end of each serviced game. This card will be deposited in a designated
area after the last daily scheduled game.
In the event of a forfeited or canceled game,the umpires scheduled for such games will be required to move to another
field and work with a two (2) man umpiring crew. The decision for such action will be solely at the discretion of the
County's Program Supervisor.
The County reserves the right to observe and critique all umpire performance at any given time. If performance is
unsatisfactory, the County has the right to remove any umpire who fails to perform his/her duties as defined in this
agreement or for any behavior deemed inappropriate by the County.
Page 1 of 3
Exhibit A—Scope of Services GQ,0
Page 1779 of 6355
Invitation to Bid (ITB) # 22-7966 "Baseball and Softball Officials"
The Vendor shall be responsible to provide umpire services for all regularly scheduled Collier County Parks &
Recreation Division adult league softball games. This shall include all regular,playoff, and tournament league games.
The Vendor shall provide qualified and accredited umpires from accredited softball associations.
The officiating body must hold NSA, ASA, ISPS, or USSSA Certification to be considered and will be the governing
body for the rules and regulations for Collier County Parks and Recreation Division baseball/softball leagues and as
such; all officials must:
1. Possess knowledge of their current rules and Collier County rules to make good judgment calls.
a. Umpires must be certified; sanctioning organization is required to provide names and certifications of
all umpires that will be officiating games.
2. Control and supervise all aspects of the game and or spectators while umpiring.
3. Umpires must conduct a Coach's conference at home plate before the game to collect team line-up cards,team
player cards, and review ground rules for the game.
4. Umpires must score games and announce scores every one-half inning while keeping track of inning, outs,
balls, and strikes. Umpires to keep score on the scoreboard if provided by park staff
5. Submit a Collier County scorecard to the softball staff on duty after the games for the evening. Both the home
plate and base umpires are required to approve and sign each game scorecard.
6. Report any unsportsmanlike conduct in writing to the NCRP Athletics Supervisor or designee. Provide a
standard form for this circumstance. Unsportsmanlike conduct is defined as conduct or bad sportsmanship that
is foul or offensive. This can be anything that violates a sport's generally accepted rules of sportsmanship and
participant conduct.
7. Represent the umpires at the organizational meetings held throughout the year for all leagues. The Division
will provide notification of these meetings one week in advance.
8. Umpires to verify the legality of all bats and balls. All balls must meet the following standards: Men's ball:
12 inches .44 CORE — 375/400 compressions. Women's ball: 11 inches .44 CORE — 375/400 compression.
Bats must have the NSA stamp on the bat.
9. No new inning shall begin after 55 minutes for a regular game, 60 minutes for a playoff game, and no time
limit for any championship games.
10. In the event of a scheduled single game, Parks and Recreation agrees to pay for two games.
11. If the first pitch of any game has been thrown, the umpires will be paid for such game.
12. If weather does not permit the game to continue, the umpire will still be paid for that game whether the game
has been completed or not.
13. Parks and Recreation agrees to a four-day notice of scheduling.
Page 2 of 3
Exhibit A—Scope of Services Q
Page 1780 of 6355
Invitation to Bid (ITB) #22-7966 "Baseball and Softball Officials"
B. Locations
The County reserves the right to administratively add/remove locations during the term of the agreement. The Vendor
is required to provide services at ALL County selected playing fields to maintain compliance with the this agreement.
Facilities include but are not limited to:
Big Corkscrew Island Regional Park
810 39th Ave.N.E.,Naples, FL 34120
Corkscrew Elementary
1065 County Rd 858,Naples, FL 34120
Donna Fiala Eagle Lakes Community Park
11565 Tamiami Trail E,Naples, FL 34112
East Naples Community Park
3500 Thomasson Drive,Naples, FL 34112
Golden Gate Community Park
3300 Santa Barbara Blvd,Naples, FL 34116
Immokalee Community Park
321 N 1st Street, Immokalee, FL 34142
Max Hasse Community Park
3390 Golden Gate Blvd W,Naples, FL 34117
North Collier Regional Park(NCRP)
15000 Livingston Road,Naples, FL 34109
Sabal Palm Elementary
4095 18th Ave NE,Naples, FL 34120
Veterans Community Park
1895 Veterans Park Drive,Naples, FL 34109
Vineyards Community Park
6231 Arbor Blvd W,Naples, FL 34119
Page 3 of 3
Exhibit A— Scope of Services G4,
0
Page 1781 of 6355
Exhibit B
Fee Schedule
following this page (containing
1
pages)
Page 16 of 17
Fixed Term Service Agreement 2022_Ver.l
GHQPage 1782 of 6355
Invitation to Bid (ITB) # 22-7966 "Baseball and Softball Officials"
EXHIBIT B
FEE SCHEDULE
Rates are an all
inclusive flat-fee
Amount*
Description Unit
One (1)Official—Year 1 (All locations excluding Immokalee)Per Game 33.00
One (1)Official—Year 2 (All locations excluding Immokalee)Per Game 34.00
One (1) Official—Year 3 (All locations excluding Immokalee)Per Game 35.00
One(1) Official--Year 1 —Immokalee Community Park Per Game 46.00
One (1)Official—Year 2 -Immokalee Community Park Per Game 47.00
One (1)Official—Year 3 - Immokalee Community Park Per Game 48.00
Prices shall remain firm for the initial term of this contract. Renewal option rates may be negotiated.
Page 1 of 1
Exhibit B—Fee Schedule
G,
O
Page 1783 of 6355
Other Exhibit/Attachment
Description:
following this page (containing pages)
this exhibit is not applicable
Page 17 of 17
Fixed Term Service Agreement 2022_Ver.1
GAO
Page 1784 of 6355
ACORO CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DO/YYY)
12/22/2021
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to
the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder in lieu of such endorsement(s).
PRODUCER CONTACT
NAME:
Westpoint Insurance Group, NIC,No,Ext): (NE800)318-7709 FAX
No):
a division of Webb Financial Group, LLC
EMAIL
ADDRESS:
P.O. Box 1495 PRODUCER 00009804CUSTOMERIDit:
Bridgeview IL 60455 INSURER(S) AFFORDING COVERAGE NAIC X
INSURED INSURER A:HDI Global Specialty SE
INSURER B:
INSURER C:
National Softball Association
INSURER D:
P.O- Box 7
INSURER E:
Nicholasville KY 40340
INSURER F:
COVERAGES CERTIFICATE NUMBER:CL21122100248 REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN.THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS.
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
TYPE OF INSURANCE
ADDL SUER POLICY
POLICY NUMBER MM/DD/YEYYY POLICY EXP
LTR INSR .YY.Y-- MMIDD/YYYY) LIMITS
A GENERAL LIABILITY
EACH OCCURRENCE 3,000,000
X COMMERCIAL GENERAL LIABILITY
PRSORENTED
PREMISES(Ea occurrence) $ 300,000
1 CLAIMS-MADE X OCCUR X ADGL003700586 01/01/2022 01/01/2023
MED EXP(Any one person) $
PERSONAL&ADV INJURY $ 3,000,000
GENERAL AGGREGATE $ 4,000,000
GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 3,000,000
POLICY
PRO
LOCJEGT PARTICIPANTI.EC,AL.LIAR $ 1,000,000
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $
Ea accident)
ANY AUTO
BODILY INJURY(Per person) $
ALL OWNED AUTOS
BODILY INJURY(Per accident) $
SCHEDULED AUTOS
PROPERTY DAMAGE
HIRED AUTOS Per accident)
NON-OWNED AUTOS
UMBRELLA UAB OCCUR EACH OCCURRENCE
EXCESS LIAR CLAIMS-MADE AGGREGATE
DEDUCTIBLE
RETENTION $
WORKERS COMPENSATION WC STATU- OTH
AND EMPLOYERS'LIABILITY Y/N
TORY LIMITS ER
ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACFI ACCIDENT
OFFICER/MEMBER EXCLUDED? N I A
Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $
If yes,describe under
DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $
DESCRIPTION OF OPERATIONS!LOCATIONS I VEHICLES (Attach ACORD 101.Additional Remarks Schedule.if more space is required)
The certificate holder is named as additional insured with respects to the NSA sanctioned events.
Collier County Government, as Additional Insured for Tournaments and/or Athletics performed in Collier County.
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
Collier County Board of County Commission
3327 Tamiaami Trail E.
Naples, FL 34112
AUTHORIZED REPRESENTATIVE
Chris Webb/HAM
7 - 9r%a;• ,
ACORD 25(2009/09) 1988-2009 ACORD CORPORATION. All rights reserved.
INS025(200909) The ACORD name and logo are registered marks of ACORD
Page 1785 of 6355
FIRST AMENDMENT TO AGREEMENT #22-7966
FOR
BASEBALL AND SOFTBALL OFFICIALS
THIS FIRST AMENDMENT made and entered into on this re%r v ca ry I qj;)Oddate),
by and between Collier Recreation Baseball/Softball Umpires Association, Inc. (the "Contractor")
and Collier County, a political subdivision of the State of Florida, (the "County") (collectively, the
Parties"):
WHEREAS, on June 28, 2022, (Agenda Item 16.D.5), the County entered into Agreement
22-7966 "Baseball and Softball Officials" (the "Agreement") with Contractor for umpire services;
and
WHEREAS, the Parties desire to amend the Agreement to modify Exhibit A Scope of Work
revising the required number officials required at all games for Men, Coed, 35 and older, and Church
Leagues from two officials to one official and update Exhibit B, Fee Schedule to include rates for two
officials and increased rates for one umpire official, equal to time and one-half the rate if there are two
officials, for years 1, 2, and 3 for all locations.
NOW, THEREFORE, in consideration of the mutual promises and covenants herein
contained, it is agreed by the Parties as follows:
1. Exhibit A, Scope of Work, second paragraph, under Scope of Work is modified as follows:
Words Struelr. Thra g# are deleted; Words Underlined are added
The number of officials required at all games for Men, Coed, 35 and older, and Church Leagues
will be twe-(2) one (1). This determination will take place during the mandatory Team/ Coaches
meeting for the leagues which are set approximately one month before the start of the season.
2. Exhibit B, Fee Schedule is hereby modified as follows.
Words Struek Thr are deleted; Words Underlined are added
Rates are an all
inclusive flat -fee Amount*
Description Unit
Two (2) officials — Year 1 (All locations excluding Immokalee) Per Game 33.00 per umpire
Two (2) officials — Year 2 (All locations excluding Immokalee) Per Game 34.00 per umpire
Two (2) officials — Year 3 (All locations excluding Immokalee) Per Game 35.00 per umpire
22-PRC-05051/1760802/1] Page] of 3
First Amendment to Agreement #22-7966
Page 1786 of 6355
One (1) Official - Year 1 (All locations exel,,, ing r,„„,,,k lee) Per Game 33.00
49.50 per umpire
One (1) Official - Year 2 (All locations exel.., ing immokalee) Per Game
34.00
51.00 per umpire
One (1) Official - Year 3 (All locations exel.., ing im~ okalee) Per Game 35.00
52.5
One (1) Offleial Year 1 i....ti !' jee jj: D 1 PeG. Q0 perumpire
r6.00ekaE) One
r- - t 1 eial Year- 2 lee Gemmunity o'.. Per- Game 47.00 One `,
fiEial---Year 3 immekalee Community-P Per- e 48.00 Prices
shall remain firm for the initial term of this contract. Renewal option rates may be negotiated Amended
scope of work and fee schedule shall become effective upon execution of this First Amendment.
4.
All other terms and conditions of the Agreement, as amended, shall remain the same. Signature
page to follow] Remainder
of page intentionally left blank*************** 22-
PRC-05051/1760802/1] Page 2 of 3 First
Amendment to Agreement #22-7966 o
Page 1787 of 6355
IN WITNESS WHEREOF, the Parties have executed this First Amendment on the date and year
first written above by an authorized person or agent.
ATTEST:
Crystal K. Kinzel, Clerk of Circuit Court
and Comptroller
SEAL)A t as C l
s4rdOita. Second
Witness y.
C4'e'-c TType/
print witness nameT BOARD
OF COUNTY COMMISSIONERS COLLIER
COUNTY, FLORIDA LM
Rick
LoCastro, Chairman CONTRACTOR:
Collier
Recreation Baseball/Softball Umpires Association,
Inc. By:
C' ignature
TType/
print signature and titleT Date
App4ed
as to Form nd Legality: A
is an County Attorney 701xilIPrintName22-
PRC-05051 / 1760802/ 1 j Page 3 of 3 First
Amendment to Agreement #22-7966
Page 1788 of 6355
Page 1789 of 6355
Page 1790 of 6355
Page 1791 of 6355
Page 1792 of 6355
Viviana Giarimoustas
1 of 2 renewals remaining.
6/28/2025 - 6/27/2026
*Pending Board approval of price increase.
Page 1793 of 6355
Page 1794 of 6355