SPORTS AND PROGRAM CO-SPONSOR AGREEMENT (2)
CITY OF CLEARWATER
SPORTS AND PROGRAM CO-SPONSOR AGREEMENT
THIS AGREEMENT, made and entered into this 1 st day of Januarv
2004, by and between the CITY OF CLEARWATER, FLORIDA, a municipal
corporation, hereinafter referred to as "City", P.O. Box 4748, Clearwater FI. 33758 and
the Clearwater Lawn Bowls Club, hereinafter referred to as "Co-Sponsor Group",
1 040 Calumet St.. Clearwater. FL
(address)
WITNESSETH:
WHEREAS, the Co-Sponsor Group is an organized recreational group or
program approved by the Parks and Recreation Director, which provides its own
volunteer leadership and administration; and
WHEREAS, the City recognizes the Co-Sponsor Group as providing a valuable
service to the community, through their extensive use of volunteers and volunteer
resources; and
WHEREAS, the Co-Sponsor Group meets all of the criteria included in this
Agreement, and
WHEREAS, the Co-Sponsor Group desires to use various City-owned facilities
for organized sports programs and or various other recreational related activities for the
citizens of Clearwater; and
WHEREAS, the City owns certain public properties and facilities that are
available to be utilized by the Co-Sponsor Group for their programs; and
WHEREAS, the Co-Sponsor Group may use the physical facilities owned and
maintained by the City or leased to the City subject to the terms of this Agreement
NOW, THEREFORE, in consideration of the covenants herein contained and
other good and valuable consideration, the City agrees to allow the Co-Sponsor Group
to utilize City facilities as described in Exhibit "A" attached hereto as amended
annually, and made part of this Agreement, under the following terms and conditions:
1. The term of the Agreement will be for a period of one (1) year commencing
01/01/04 and ending 01/01105
2. Exhibit "A"
01/01/04
duration of this Agreement.
will be updated by both parties prior to
, and subsequently every year thereafter for the
1
3. This Agreement will remain in effect unless terminated by either party as
follows:
(a) Upon breach of this Agreement by a party, the other party will
give written notice of termination of this Agreement specifying the claimed
breach and the action required to cure the breach. If the breaching party
fails to cure the breach within five days from receipt of said notice, then the
contract will terminate ten days from receipt of the written notice.
(b) Either party may terminate this Agreement by giving written
notice to the other party that the Agreement will terminate 30 days from the
receipt of said notice by the other party.
4. The City will provide and maintain facilities for the Co-Sponsor Group for their
approved program and activity. Further, the City may actively promote the Co-Sponsor
Group programs and activities utilizing City resources i.e. "Fun in Sun Magazine", C-
view, etc.
5. The Co-Sponsor Group agrees to provide recreational programs and activities
to primarily benefit the residents of Clearwater.
6. The Co-Sponsor Group agrees to provide competent leadership for the
program and the Board of Directors as established by the organizations by-laws will
have City of Clearwater resident representation. The Board of Directors will conduct
the program in the best interests of the City of Clearwater.
7. The Co-Sponsor Group agrees to promote their program to the citizens of
Clearwater and that a minimum of 50% of their participants will be residents of the City
of Clearwater. If the 50% target is not being satisfied the group may submit a plan to
achieve this goal or an alternative that must be approved by the City.
8. The Co-Sponsor Group agrees to submit the following as specified.
(a) Current roster or membership role - Date due: 09/01/04
(b) Payment for participants who do not have valid City participant cards
Date due: 09/01/04
(c) An accurate facility and/or field schedule, depicting actual use i.e.
practices, games, meets, tournaments, events - Date due:
01/01/04 See exhibit C, pages 9 & 10
(d) A complete list of the Board of Directors - Date due: 01/01/04 See
exhibit C - page 5
(e) A list of all coaches and certifications of coaches - Date due:
01/01/04 See exhibit C, page 8
(f) Copy of the by-laws and Articles of Incorporation Date due:
01/01/04
2
(g) A copy of the Insurance Certificate naming the City of Clearwater as
additionally insured - Date due: 01/01/04
(h) Verification of Nonprofit status - Date due: 01/01/04
9. The Co-Sponsor Group agrees to submit a financial statement or annual
audit. Date due: 09/30/04
10. The Co-Sponsor Group will maintain a positive relationship with the City and
Parks and Recreation Department by:
(a) Obtaining prior approval for any activities that are not on the regular
game/practice or use schedule
(b) Obtaining prior approval for any field or facility improvements
(c) Providing all requested information and paying all fees on time
(d) Informing Parks and Recreation staff of field problems or schedule
changes
(e) Enforcing and abiding by all City laws, rules, policies and procedures
(f) Providing Athletics staff with current registration and promotional
materials
11. The Co-Sponsor Group will act as a good caretaker and custodian of all City
of Clearwater property by avoiding any activity that may damage the facilities, by
cleaning up trash after each use, by enforcing the "no smoking" policy, by utilizing
lights only when needed and turning them off after use.
12. The Co-Sponsor Group will assume all responsibility to monitor storm
conditions and evacuate playing fields of participants and spectators when the threat of
lightning or dangerous conditions approaches. Co-Sponsor Group will cancel games
when field or playing conditions could cause harm or damage to participants or to the
facilities i.e. flooded fields.
13. The Co-Sponsor Group will validate the quality of adult leadership by
requiring annual background checks of all coaches and volunteers that will have
unsupervised contact with youth participants. The group will also require and offer City
sponsored or City approved classes and/or clinics (such as those endorsed by the
National Alliance for Youth Sports) to coaches and parents on athletic fundamentals,
sportsmanship, coaching techniques, and other relevant topics. The Co-sponsor
Group shall keep updated records on all background checks and training opportunities.
14. The Co-Sponsor Group will recognize and support City public/private
partnerships. The Co-Sponsor Group will be given ample notice of such partnerships
and their responsibility if any.
15. The Co-Sponsor Group must receive prior written approval from Parks and
Recreation to make any alterations, changes or additions to the existing facilities.
3
16. The Co-Sponsor Group shall use existing City concession stands and honor
any outstanding City agreements in place at these stands.
17. Facilities constructed by the Co-Sponsor Group Le. press boxes,
concession stands, batting tunnels etc., will be maintained by the Co-Sponsor Group.
Failure to maintain these facilities in a manner acceptable to the City may result in their
removal.
18. Schedules submitted by the Co-Sponsor Group must accurately depict
field/facility use and any changes must be approved before they are implemented. The
City reserves the right to revise or revoke schedules of facilities based on inappropriate
use or non-use by the Co-Sponsor Group. The City also has the right to assign fields
or facilities to others if use by the Co-Sponsor Group is not substantiated.
19. The City will permit two fund raising sports events per year with City
providing personnel to service these events at no cost to the group other than the
assessed per "Team Service Fee" where applicable. The Co-Sponsored Group will be
responsible for direct City costs beginning with the third event.
20. Any revenue collected by the Co-Sponsor Group on City property must be
used to promote and support the Co-sponsor Group activities. Use of funds for other
purposes could result in termination of this Agreement.
21. The Co-Sponsored Group agrees that all staff, coaches, volunteers and
agents of the group shall conduct themselves as good role models exemplifying good
sportsmanship, cooperation and appropriate behavior.
22. The Co-Sponsor Group and all its invjtees will abide by all City policies
when using City facilities, including those policies which state that the consumption of
tobacco products or alcoholic beverages on City or School property is prohibited.
23. The Co-Sponsor Group further agrees to make no unlawful, improper, or
offensive use of the facilities.
24. If either party terminates the Agreement, any improvements made to the
property by the Co-Sponsor Group will remain the property of the City.
25. The Co-Sponsor Group agrees that it will indemnify and save the City
harmless on account of the negligent acts of Co-Sponsor Group staff, volunteers or
agents or on account of any unsafe condition that may exist as a result of the negligent
operation by Co-Sponsor Group staff, volunteers or agents of the facilities. The Co-
Sponsor Group further agrees to carry liability insurance where appropriate and as
requested by the City and as shown below; and add the City of Clearwater to its
insurance policy as an additional insured.
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(a) Comprehensive General Liability insurance on an "occurrence"
basis in an amount not less than $500,000 combined single
limits Bodily Injury Liability and Property Damage Liability.
(b) Business Automobile Liability insurance for any motor vehicle
owned by, hired by, used by, or used on behalf of a Co-Sponsor
Group in the amount of at least $500,000, providing Bodily
Injury Liability and Property Damage Liability.
(c) Worker's Compensation Insurance applicable to its employees,
if any, for statutory coverage limits in compliance with Florida
laws.
(d) Property Insurance, if available, as a tenant or user of City
facilities in an amount not less than $500,000.
(e) Certificates of insurance showing coverage as provided above
will be provided to the City by _(already submitted for this
year)
(f) Special insurance requirements if needed by other groups i.e.
Long Center, Pinellas County School Board etc.
n/a
(g) The address where such certificate(s) of insurance shall be sent
or delivered is as follows:
City of Clearwater
Attention: Parks and Recreation
Superintendent of Recreation
P.O. Box 4748
Clearwater, FL 33758-4748
Also, copy to be sent to Risk Manager at same address.
26. The Co-Sponsor Group may not assign this Agreement or any of its rights
hereunder, nor permit others to use the facilities or any part thereof without the written
consent of the City.
27. In the event of questions arising out of the use of the facilities or otherwise
arising under this Agreement, the questions will be settled in writing between the Parks
and Recreation Director for the City and President or presiding highest officer of the
Co-Sponsor Group or the specific designee of either for resolution of such questions.
5
28. If special conditions or issues need to be clarified they will be covered in
Exhibit B (i.e. maintenance issues, payment of fees, special needs), and attached
hereto and made a part hereof.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day
and year first written.
Witnesses:
CITY OF CLEARWATER, FLORIDA
d~OAa J ~'J
As to City Manager or Designee
By:
-Sponsor Group President or
Designee
A~ a.~
As to Co-Sponsor Gro~p Pr~siden~
Designee ~~
6
EXHIBIT A
City of Clearwater
Co-Sponsor Group Use Request
Co-Sponsor Group Name: Clearwater Lawn Bowls Club
Brief Description of Program: To promote Lawn Bowling in Clearwater for tournament
and recreational play.
Specific Dates of Program: Year round
Field users must attach an approved weekly schedule.
Requested Facility/Field: Clearwater Lawn Bowls Club
Requested Special Event Dates: (Tournaments, Clinics, Camps, Etc.)
See booklet attached
Scheduling Contact Person: Jim Calhoun
Phone #: 442-5329
Submitted By:
Date: / ,,~ - 0 i
Date: /.... C .. 0 cf
Approved By:
7
:. ~
Clearwater Co-Sponsored Group Weekly Field Use Schedule
Group Name: Field Name: tJ I A
DAY TIME AGE GROUP # OF USERS ACTIVITY STAFF INITIALS
City staff has the right to re-evaluate the above schedule if fields are being used in an unscheduled or
inappropriate manner. Any schedule changes must be approved by the Athletics staff in advance.
Schedule Approved By:
Date:
8
EXHIBIT B
Special Conditions/Issues
The following conditions of the Agreement are not applicable to the Lawn Bowls Club:
Paragraphs, lO.(f), 13., 16., 17., 25.(b), 25.(c), and 25.(f).
The following ConditionslIssues shall become a part of the Agreement:
1. The City agrees to provide for structural and landscape maintenance to keep the
facilities in a state of good repair.
2. The City agrees to pay all utility costs, excluding telephone, and other operating and
capital costs as deemed appropriate by the Club and the Parks and Recreation
Department.
3. The Club, subject to the approval of the Parks and Recreation Department, shall have
the right to establish rules and regulations governing the use of the rinks and the
clubhouse, and to charge reasonable user fees and Club dues. Revenues shall be retained
by the Club to cover costs as hereinafter described.
4. The Club will be responsible for the daily custodial maintenance of the facilities and
shall keep them in a presentable state at all times. The City budget a minimum of
$200.00/month and remit same to the Club to assist with this expense.
5. The Club shall keep the rinks in good playing condition and shall water and level the
rinks when necessary to provide these conditions.
6. The Club agrees to provide all building furniture and miscellaneous supplies such as
chalk, erasers, etc., to be used by participants. Participants must supply their own bowling
equipment.
7. The Club agrees to staff persons at the facilities during regular advertised hours in
order for Bowlers to take advantage of the rinks.
8. The Club agrees that its Board of Directors shall receive no remuneration from the City
for managing the Club.
~002 UNIFORM BUSINESS REPORT (UDR)
DOCUMENT # 716610
1. Entity Name
CLEARWATER LAWN BOWlS CLUB, INC.
\
Principal Place of Business Mailing Address
1040 CALUMET ST. 1040 CAlUMET ST.
CLEARWATER FL 33755 CLEARWATER FL 33755
US US
2. Principal Place of Business 3. Mailing Address 1111111 IIIII 111111111111111 11111111111111 1111111111 11111 111111/1111111
Suite, Apt. #, etc. Suite. Apt. #. etc. DO NOT WRITE IN THIS SPACE
City & State City & State 4. FEI Number 5g.{)724634 I IApplied For
IX I Not Applicable
Zip I Country Zip I Country 5. Certificate of Status Desired 0 $8.75 Additional
Fee Required
6. Name and Address of Current Registered Agent 7. Name and Address of New Registered Agent
Name
Street Address (P.O. Box Number is Not Acceptable) .---
MULVANEY, RONAlD
113 ISLAND WAY
1245
CLEARWATER FL 33767 City FL I Zip Code
8. The above named entity submits this statement for the purpose of changing its registered office or registered agent, or both. in the state of Florida.
SIGNATURE
Slgnalure. typad or printed name 01 r~ agent and litIe W approcabl.. (NOTE: Registered Agent sIgnaUe required when reinstating) DATE
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9. Election Campaign Fmancing
Trust Fund Contribution. 0
10.
TITLE
NAME
STREET ADDRESS
CITY - ST - ZIP
TITLE
NAME
STREET ADDRESS
CITY. ST - ZIP
OFFICERS AND DIRECTORS
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TITLE
NAME
STREET ADDRESS
CITY-ST-ZIP
NOR
830 MAND
C ATER FL 33767
TO
GUTSHAll, W1WAM S.
1600 COACHMEN AD 1522
ClEARWATER FL 33765
P
RAWUNGS, CAROLE
821 PEGGY RAY DR
DUNEDIN FL 34698
D
KENNETH, ROBERT
2285 NORWEQIAN DR APT 33
CLEARWATER FL 33763
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TITLE
NAME
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TITLE
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11.
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$5.00 May Be
Added to Fees
ADDITIONS/CHANGES TO OFFICERS AND DIRECTORS IN 10
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12. I hereby certify that the information supplied with this filing does not qualify for the exemption stated in Section 119.07(3)(i), Florida Statutes. I further certify that the information
indicated on this report or supplemental report is true and accurate and that my signature shall have the same legal effect as if made under oath; that I am an officer or dlrecto'
of the corporation or the receiver or trustee empowered to execute this report as required by Chapter 617, Florida Statutes; and that my name appears in Block 10 or Block 11 '
changed. or on an attachment with an address, with all other like empowered.
SIGNATURE:
4~,I.
CER OR DIRECTOR
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