R2023-98 Perserverance Basketball, LLC ContractPage 1 of 9
CONTRACT FOR YOUTH BASKETBALL SERVICES
THIS CONTRACT is made and entered into this 14th day of December, 2023 by and between
the Village of North Palm Beach, a Florida municipal corporation, 501 U.S. Highway One, North
Palm Beach, FL 33408 (hereinafter “VILLAGE”) and Perseverance Basketball, LLC, a Florida
limited liability company, 318 Venice Boulevard, Royal Palm Beach, FL 33411 (hereinafter
PERSEVERANCE”).
WHEREAS, the VILLAGE wishes to retain the services of PERSEVERANCE to run and staff the
VILLAGE’s Spring basketball league, and PERSEVERANCE agrees to perform such services
pursuant to the terms and conditions of this Contract.
NOW, THEREFORE, in consideration of the promises and mutual covenants herein contained and
other good and valuable consideration, the receipt and sufficiency of which is acknowledged by
both parties, the VILLAGE and PERSEVERANCE agree as follows:
SECTION 1: SCOPE OF SERVICES.
A. PERSEVERANCE shall be solely in charge of running the VILLAGE’s spring basketball
league at the VILLAGE’s Community Center, 1200 Prosperity Farms Road, North Palm Beach, for
participants aging from kindergarten through ninth grade. The league shall run for a period of nine
9) weeks, from April 1, 2024 through June 1, 2024.
B. PERSEVERANCE’s services shall include, but not be limited to:
1. Assigning the participants to age-appropriate teams;
2. Providing at least one (1) qualified, experienced basketball coach for each team; and
3. Guaranteeing and scheduling at least one (1) practice and one (1) game per week for
each participant; and
4. Providing one (1) official per game for K-1 / 2-3 league; and
5. Providing two (2) officials per game for 4th/5th, 6th/7th, 8th/9th league; and
6. Providing one (1) scorekeeper for each game; and
C. PERSEVERANCE shall use its best efforts to promote and maintain the success and
reputation of the VILLAGE and set, promote and enforce (by example and otherwise) the highest
standards of leadership, fair play, and good sportsmanship.
D. PERSEVERANCE shall promptly report any issues that may arise with any staff member,
coach, participant or parent to the VILLAGE’s representative. Furthermore, PERSEVERANCE
shall abide by all state, county and VILLAGE health and safety protocols and sign any release of
liability required by the VILLAGE.
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SECTION 2: VILLAGE’S OBLIGATIONS
The VILLAGE shall collect and administer all registration fees, including refunds, associated with
the basketball league and shall provide PERSEVERANCE with access to the Community Center
and outdoor basketball courts from 5:00 p.m. through 9:00 p.m., as necessary, Monday through
Friday, for practices; and Saturday from 9:00 a.m. through 5:00 p.m., as necessary, for games.
Additionally, the Village shall provide the following items:
1. One (1) jersey for each participant;
2. One (1) trophy for each participant;
3. A sufficient number of basketballs for practices and games.
SECTION 3: TERM OF CONTRACT.
This Contract shall be effective upon execution by both parties and shall remain in effect through
the end of the Spring basketball league, including all playoff and championship games, or June 1,
2024, whichever shall first occur. Notwithstanding the foregoing, this Contract may be terminated
earlier in accordance with Section 8 below.
SECTION 4: VILLAGE’S REPRESENTATIVE.
Unless otherwise specified by the VILLAGE, the VILLAGE’s representative shall be the Director
of Leisure Services. The Village Manager or Village Representative shall have the right at all
reasonable times during the term of this Contract to inspect or otherwise evaluate the services
being provided by PERSEVERANCE.
SECTION 5: COMPENSATION AND METHOD OF PAYMENT.
A. As compensation for the services provided under this Contract, the VILLAGE shall
compensate PERSEVERANCE based on the number of participants in the Spring basketball league
as follows (“Flat Fee”):
1. One (1) to forty-nine (49): $ 5,000.00
2. Fifty (50) to ninety-nine (99): $ 7,500.00
3. One hundred (100) to one hundred-forty-nine (149): $10,000.00
4. One hundred fifty (150) to one hundred ninety-nine (199): $12,500.00
5. Two hundred (200) to two hundred forty-nine (249): $15,000.00
6. Two hundred fifty (250) to two hundred ninety-nine (299): $17,500.00
7. Three hundred (300) to three hundred forty-nine (349): $20,000.00
In addition to the foregoing, the VILLAGE shall compensate PERSEVERANCE for coaching
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services at the rate of twenty dollars ($20.00) for each practice and for each game per age group (by
way of example, the coach of each team would be compensated $20.00 for each practice and $20.00
for each game each week for a total of $40.00) (“Coaching Fee”). One (1) coach shall be required
for every nine (9) participants.
Addition of Scorekeeping Fee
Furthermore, the VILLAGE agrees to compensate PERSEVERANCE for scorekeeping services
at the rate of fifteen dollars ($15.00) for each game. One (1) scorekeeper shall be required for each
game.
Compensation for Hiring Officials
In addition to the compensation outlined above, the VILLAGE agrees to reimburse
PERSEVERANCE for the actual cost incurred in hiring officials for the basketball league games.
The reimbursement will be based on the following requirements:
1. Providing one (1) official per game for the K-1 / 2-3 league.
2. Providing two (2) officials per game for the 4th/5th, 6th/7th, and 8th/9th leagues.
PERSEVERANCE shall procure these officiating services from a third-party organization and
shall submit to the VILLAGE documentation of the actual costs incurred for these services. The
VILLAGE shall reimburse PERSEVERANCE for these costs upon receipt and verification of the
necessary documentation.
C. The VILLAGE shall pay PERSEVERANCE both the Flat Fee and the Coaching Fee in
two payments. The first payment equal to fifty percent (50%) of the Flat Fee and the Coaching
Fee accrued through the first (4) weeks shall be made on May 1, 2023. The second payment equal
to the remaining fifty percent (50%) of the Flat Fee and the remaining Coaching Fee shall be made
within three (3) business days after the conclusion of the Spring basketball league.
D. In order for both parties herein to close their books and records, PERSEVERANCE will
clearly state “final invoice” on PERSEVERANCE’s final/last billing to the VILLAGE. This
certifies that all goods and services have been properly performed and all charges have been
invoiced to the VILLAGE. Since this account will thereupon be closed, any and other further
charges if not properly included in this final invoice are waived by PERSEVERANCE. The
VILLAGE will not be liable for any invoice from PERSEVERANCE submitted thirty (30) days
after the provision of all goods and services.
SECTION 6: INDEMNIFICATION.
A. PERSEVERANCE shall indemnify and save harmless and defend the VILLAGE, its
agents, servants, and employees from and against any and all claims, liability, losses, and/or cause
of action which may arise from any negligent act or omission of PERSEVERANCE, its agents,
servants, or employees in the performance of services under this Contract.
B. PERSEVERANCE further agrees to indemnify, save harmless and defend the VILLAGE,
its agents, servants and employees from and against any claim, demand or cause of action of
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whatsoever kind or nature arising out of any conduct or misconduct of the PERSEVERANCE its
agents, servants, or employees not included in the paragraph above and for which the VILLAGE,
its agents, servants or employees are alleged to be liable.
C. Nothing contained in this Contract shall create a contractual relationship with or a cause
of action in favor of a third party against either the VILLAGE or PERSEVERANCE, nor shall this
Contract be construed a waiver of sovereign immunity beyond the waiver provided in § 768.28,
Florida Statutes.
SECTION 7: PERSONNEL.
A. PERSEVERANCE represents that it has, or will secure at its own expense, all necessary
personnel required to perform the services under this Contract.
B. All of the services required hereunder shall be performed by PERSEVERANCE or under
its supervision, and all personnel engaged in performing the services shall be fully qualified and, if
required, authorized or permitted under state and local law to perform such services.
C. PERSEVERANCE’s employees, agents and representatives shall comply with all
VILLAGE requirements governing conduct, safety and security while on VILLAGE-owned
property. Additionally, each of PERSEVERANCE’s employees, agents and representatives shall
undergo a criminal background screening.
SECTION 8: TERMINATION.
A. This Contract may be terminated by PERSEVERANCE upon ten (10) days’ prior written
notice to the VILLAGE’s representative in the event of substantial failure by the VILLAGE to
perform in accordance with the terms of this Contract through no fault of PERSEVERANCE and
the VILLAGE’s failure to cure within the ten (10) day notice period. It may be terminated, in
whole or in part, by the VILLAGE without cause upon thirty (30) days’ prior written notice to
PERSEVERANCE. In the event of termination by PERSEVERANCE or termination by the
VILLAGE without cause, the VILLAGE shall pay PERSEVERANCE for services satisfactorily
rendered through the date of termination.
B. The VILLAGE may terminate this Contract with cause immediately. For the purpose of
this section, “with cause” shall include:
1. Any material breach of this Contract by PERSEVERANCE; or
2. Any inappropriate behavior by PERSEVERANCE’s employees, agents or
representatives either on or off VILLAGE property, including, but not limited to,
harassment or violent or threatening behavior.
SECTION 9: FEDERAL, STATE AND LOCAL TAX.
A. The VILLAGE is exempt from payment of Florida State Sales and Use Tax. Unless
purchased directly by the VILLAGE, the PERSEVERANCE shall not be exempted from paying
sales tax to its suppliers for materials used to fill contractual obligations with the VILLAGE,
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nor is the PERSEVERANCE authorized to use the VILLAGE’s Tax Exemption Number in
securing such materials.
B. PERSEVERANCE, its employees, agents and representatives shall be solely responsible
for the payment of all federal, state and local taxes (including federal, state, and local self-
employment taxes) that are in any way connected with the services performed pursuant to this
Contract.
SECTION 10: INSURANCE.
A. During the term of this Agreement, PERSEVERANCE shall maintain the following
insurance policies written by an insurance company authorized to do business in Florida:
1. General Liability. General Liability Insurance with each occurrence limits of not
less than Five Hundred Thousand Dollars ($500,000) and not less than One Million
Dollars ($1,000,000) in the aggregate. All policies must include sexual and
physical abuse liability coverage.
2. Worker’s Compensation. Worker’s Compensation Insurance in accordance with
statutory requirements and Employer’s Liability Insurance with limits of not less
than One Hundred Thousand Dollars ($100,000) for each accident and not less than
Five Hundred Thousand Dollars ($500,000) in the aggregate.
3. Hired and Non-Hired Vehicles. Hired and Non-Hired Vehicle Insurance with limits
of not less than Five Hundred Thousand Dollars ($500,000) per incident.
B. Deductible amounts shall not exceed five percent (5%) of the total amount of required
insurance in each category.
C. PERSEVERANCE shall furnish the VILLAGE certificates of insurance which shall
include a provision that policy cancellation, non-renewal, or reduction of coverage shall not be
effective until at least thirty (30) days’ written notice has been made to the VILLAGE.
PERSEVERANCE shall include the VILLAGE as an additional insured on the General Liability
and the Automobile Insurance Policies required by this Agreement.
SECTION 11: ASSIGNMENT.
Neither the VILLAGE nor PERSEVERANCE shall assign, sublet, convey or transfer its interest
in this Contract without the written consent of the other. Nothing herein shall be construed as
creating any personal liability on the part of any officer or agent of the VILLAGE which may be
a party hereto, nor shall it be construed as giving any rights or benefits hereunder to anyone other
than the VILLAGE and PERSEVERANCE.
SECTION 12: DISPUTE RESOLUTION, LAW, VENUE AND REMEDIES.
This Contract shall be governed by the laws of the State of Florida. Any and all legal action
necessary to enforce the Contract will be held in Palm Beach County. No remedy herein conferred
upon any party is intended to be exclusive of any other remedy, and each and every such remedy
shall be cumulative and shall be in addition to every other remedy given hereunder or now or
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hereafter existing at law or in equity or by statute or otherwise. No single or partial exercise by
any party of any right, power, or remedy hereunder shall preclude any other or further exercise
thereof. The VILLAGE and PERSEVERANCE knowingly, voluntarily and intentionally waive
any right they may have to a trial by jury with respect to any litigation arising out of or in
connection with this Contract.
SECTION 13: INDEPENDENT CONTRACTOR RELATIONSHIP.
PERSEVERANCE is, and shall be, in the performance of all Services under this Contract, an
independent contractor, and not an employee, agent, or servant of the VILLAGE. All persons
engaged in any of the Services performed pursuant to this Contract shall at all times, and in all
places, be subject to PERSEVERANCE’S sole direction, supervision, and control.
PERSEVERANCE shall exercise control over the means and manner in which it and its employees
perform the Services.
SECTION 14: ACCESS AND AUDITS.
PERSEVERANCE shall maintain adequate records to justify all charges, expenses, and costs
incurred in estimating and performing the Services for at least three (3) years after completion of
this Contract. The VILLAGE shall have access to such books, records, and documents as required
in this section for the purpose of inspection or audit during normal business hours, at
PERSEVERANCE’s place of business. In no circumstances will PERSEVERANCE be required
to disclose any confidential or proprietary information regarding its products and service costs.
SECTION 15: NONDISCRIMINATION.
PERSEVERANCE warrants and represents that all of its agents and employees are treated equally
during employment without regard to race, color, religion, disability, sex, age, national origin,
ancestry, marital status, or sexual orientation.
SECTION 16: ENFORCEMENT COSTS.
If any legal action or other proceeding is brought for the enforcement of this Contract, or because
of an alleged dispute, breach, default or misrepresentation in connection with any provisions of
this Contract, the successful or prevailing party or parties shall be entitled to recover reasonable
attorney’s fees, court costs and all expenses (including taxes) even if not taxable as court awarded
costs (including, without limitation, all such fees, costs and expenses incident to appeals), incurred
in that action or proceeding, in addition to any other relief to which such party or parties may be
entitled.
SECTION 17: SEVERABILITY.
If any term or provision of this Contract, or the application thereof to any person or circumstances
shall, to any extent, be held invalid or unenforceable, to remainder of this Contract, or the
application of such terms or provision, to persons or circumstances other than those as to which it
is held invalid or unenforceable, shall not be affected, and every other term and provision of this
Contract shall be deemed valid and enforceable to the extent permitted by law.
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SECTION 18: PUBLIC ENTITY CRIMES.
PERSEVERANCE acknowledges and agrees that a person or affiliate who has been placed on the
convicted vendor list following a conviction for a public entity crime may not submit a bid,
proposal, or reply on a contract to provide any goods or services to a public entity; may not
submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a
public building or public work; may not submit bids, proposals, or replies on leases of real
property to a public entity; may not be awarded or perform work as a contractor, supplier, sub-
contractor, or PERSEVERANCE under a contract with any public entity; and may not transact
business with any public entity in excess of the threshold amount provided in Section 287.017,
Florida Statues, for CATEGORY TWO for a period of 36 months following the date of being
placed on the convicted vendor list. The PERSEVERANCE will advise the VILLAGE
immediately if it becomes aware of any violation of this statute.
SECTION 19: COMPLIANCE WITH LAWS.
PERSEVERANCE shall, in performing the services contemplated by this Contract, faithfully
observe and comply with all federal, state and local laws, ordinances and regulations that are
applicable to the services to be rendered under this Contract.
SECTION 20: NOTICE.
All notices required in this Contract shall be sent by certified mail, return receipt requested, and
if sent to the VILLAGE shall be mailed to:
Village of North Palm Beach
Chuck Huff, Village Manager
501 U.S. Highway One
North Palm Beach, FL 33408
and if sent to the PERSEVERANCE shall be mailed to:
Perseverance Basketball LLC
Nathanael Vera, Managing Member
318 Venice Boulevard
Royal Palm Beach, FL 33411
SECTION 21: ENTIRETY OF CONTRACTUAL AGREEMENT.
The VILLAGE and the PERSEVERANCE agree that this Contract sets forth the entire agreement
between the parties, and that there are no promises or understandings other than those stated herein.
None of the provisions, terms and conditions contained in this Contract may be added to, modified,
superseded or otherwise altered, except by written instrument executed by the parties hereto.
SECTION 22: WAIVER.
Failure of a party to enforce or exercise any of its right(s) under this Contract shall not be deemed
a waiver of that parties’ right to enforce or exercise said right(s) at any time thereafter.
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SECTION 23: PREPARATION.
This Contract shall not be construed more strongly against either party regardless of who was more
responsible for its preparation.
SECTION 24: SURVIVABILITY.
Any provision of this Contract which is of a continuing nature or imposes an obligation which
extends beyond the term of this Contract shall survive its expiration or earlier termination.
SECTION 25: WAIVER OF SUBROGATION.
PERSEVERANCE hereby waives any and all rights to Subrogation against the VILLAGE,
its officers, employees and agents for each required policy. When required by the insurer, or should
a policy condition not permit an insured to enter into a pre-loss agreement to waive subrogation
without an endorsement, then PERSEVERANCE shall agree to notify the insurer and request the
policy be endorsed with a Waiver of Transfer of Rights of Recovery Against Others, or its
equivalent. This Waiver of Subrogation requirement shall not apply to any policy, which a
condition to the policy specifically prohibits such an endorsement, or voids coverage should
PERSEVERANCE enter into such an agreement on a pre-loss basis.
SECTION 26: INSPECTOR GENERAL.
PERSEVERANCE is aware that the Inspector General of Palm Beach County has the authority to
investigate and audit matters relating to the negotiation and performance of this Contract, and in
furtherance thereof, may demand and obtain records and testimony from PERSEVERANCE.
PERSEVERANCE understands and agrees that in addition to all other remedies and consequences
provided by law, the failure of PERSEVERANCE to fully cooperate with the Inspector General
when requested may be deemed by the VILLAGE to be a material breach of this Contract
justifying its termination.
SECTION 27: PUBLIC RECORDS.
IF THE PERSEVERANCE HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
PERSEVERANCE’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO
THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT:
561) 841-3355; NPBCLERK@VILLAGE-NPB.ORG; OR 501 U.S. HIGHWAY
ONE, NORTH PALM BEACH, FL 33408.
In performing services pursuant to this Contract, PERSEVERANCE shall comply with all relevant
provisions of Chapter 119, Florida Statutes. As required by Section 119.0701, Florida Statutes,
PERSEVERANCE shall:
A. Keep and maintain public records required by the VILLAGE to perform the service.
B. Upon request from the VILLAGE’s custodian of public records, provide the VILLAGE
with a copy the requested records or allow the records to be inspected or copied within a
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reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida
Statutes, or as otherwise provided by law.
C. 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 PERSEVERANCE does
not transfer the records to the VILLAGE.
D. Upon completion of the Contract, transfer, at no cost, to the VILLAGE all public records
in possession of PERSEVERANCE or keep and maintain public records required by the
VILLAGE to perform the services. If PERSEVERANCE transfers all public records to the
VILLAGE upon completion of the Contract, PERSEVERANCE shall destroy any
duplicate public records that are exempt or confidential and exempt from public records
disclosure requirements. If PERSEVERANCE keeps and maintains public records upon
completion of the Contract, PERSEVERANCE shall meet all applicable requirements for
retaining public records. All records stored electronically must be provided to the
VILLAGE, upon request from the VILLAGE’s custodian of public records, in a format
that is compatible with the information technology systems of the VILLAGE.
SECTION 28. E-VERIFY.
PERSEVERANCE warrants and represents that PERSEVERANCE and all subcontractors are in
compliance with Section 448.095, Florida Statutes, as may be amended. PERSEVERANCE has
registered to use, and shall continue to use, the E-Verify System (E-Verify.gov) to electronically
verify the employment eligibility of newly hired employees and has received an affidavit from
each subcontractor stating that the subcontractor does not employ, contract with or subcontract
with unauthorized aliens. If the VILLAGE has a good faith belief that PERSEVERANCE has
knowingly violated Section 448.09(1), Florida Statutes, the VILLAGE shall terminate this
Contract pursuant to Section 448.095(2), Florida Statutes, as may be amended. If the VILLAGE
has a good faith belief that a subcontractor has knowingly violated Section 448.09(1), Florida
Statutes, but PERSEVERANCE has otherwise complied, it shall notify PERSEVERANCE, and
CONTRACTOR shall immediately terminate its contract with the subcontractor.
IN WITNESS WHEREOF, the VILLAGE and PERSEVERANCE hereto have made and executed
this Contract as of the day and year first above written.
PERSEVERANCE BASKETBALL LLC
By:
Print Name:
Position:
VILLAGE OF NORTH PALM BEACH
BY:
Chuck Huff, Village Manager
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Nate Vera
Owner
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