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EDDIE C. MOORE RECREATION COMPLEX SOFTBALL PROGRAMS r Qt2 I ~ ~" ;)~ I AGREEMENT THIS AGREEMENT made and entered into this 7th day of January , A.D. 198~by and between the CITY OF CLEARWATER, FLORIDA, a municipal corporation, hereinafter referred to as "City", and the CLEARWATER SLOW PITCH SOFTBALL ASSOCIATION, INC. a Florida corporation not for profit, hereinafter referred to as "Association", WIT N E SSE T H WHEREAS, the City is a municipal corporation owning and operating the Eddie C. Moore Recreation Complex and other athletic facilities throughout the City of Clearwater; and WHEREAS, the City sponsors a softball program within certain financial and manpower constraints through its Parks and Recreation Department; and WHEREAS, the Association is a non-profit corporation with duly established bylaws representing Clearwater slow pitch softball interests; and WHEREAS, the Association has financial resources and volunteer manpower to offer additional opportunities for the development of softball; and WHEREAS, the Association is desirous of assisting the City with the City's slow pitch softball program and has done so for ma_oy years; NOW, THEREFORE, in consideration of the promises and of the faithful performance by each of the parties of the covenants and agreements between the parties hereto as follows: 1. This Agreement shall continue in force and effect for a term of three (3) years from the date hereof unless sooner terminated as hereinafter provided. Either party may at any time terminate this Agreement for just cause by furnishing sixty (60) days written notice of the termination to the other party. 2. The Association shall act in an advisory capacity to the City on matters involving slow pitch softball, e.g. league play, tournaments, rules and protests, but shall not be deemed a F~J!-CR. r;.)I.,o" . r...,.... .... !. .k'jJ '1);)/2'( , -,~ l 1 " " I',' I , committee or agency of the City for the purposes of Florida law relating to financial disclosure, public records, or public meetings. 3. All slowpitch softball activities on City-owned fields shall be categorized as one of the following. City Sponsored - Activities scheduled, conducted and financed by the Parks and Recreation Department or by the Department in cooperation with an outside non-profit agency, or activities otherwise authorized by the City Manager. Such activities shall have first priority in scheduling fields, dates, and times. Association Sponsored - Activities scheduled, conducted and financed by the Association with approval from the City. Such activities shall receive second priority in scheduling fields, dates, and times and the Association shall pay the City a rental fee of $1.00 for the use of facilities. Private Sponsored - Activities sponsored and financed by any person other than the City or the Association. Said activities shall receive third priority in scheduling fields, dates and times, and the sponsor shall pay all established City rental fees for the use of facilities. 4. The Association, by February 1st of each year, shall submit for approval a schedule of requested dates, times and locations for all Association sponsored tournaments and activities. The Parks and Recreation Department shall receive and review said schedule and confirm in writing by February 15 to the Association an approved schedule. 5. The Association shall be allocated a maximum of ten tournament weekends per year. In most cases, tournaments will be scheduled to provide the following weekend as a rain date. 6. The Association shall be financially responsible for all costs, including but not limited to balls, umpires, sanction fees, and awards for all Association sponsored tournaments. 2 I I 7. The Association shall have the right to charge, collect and retain entry fees and other appropriate fees for Association sponsored activities. 8. The Association, when scheduling umpires and scorekeepers, shall give first priority to registered City of Clearwater umpires and scorekeepers, but may refuse the use of any umpire or scorekeeper for just cause. 9. A tournament director shall be secured from the City approved list for all tournaments conducted at City owned facilities. The City shall be notified by the Association no later than four weeks prior to the scheduled event who the tournament director will be. 10. City personnel assigned to work Association spon- sored activities shall report to the tournament director for work instructions. The primary responsibility of City personnel during a tournament shall be the maintenance and preservation of the ballfields and ball park facilities, e.g., field preparation and lining, pick up trash, empty trash cans, clean restrooms, and sweep sidewalks. In addition, if time allows, City personnel may assist the tournament director with other activity-related work assignments. 11. The Association shall assist in the maintenance of facilities and fields during all Association sponsored activities by picking up trash, emptying cans, raking wet ballfields, and sweeping sidewalks. 12. The Association shall at its expense be responsible for furnishing and maintaining all equipment, fixtures and related items used and required in the operation of the E. C. Moore concession room and other portable stands as approved by the City. The City and the Association mutually agree that all equipment purchased by the Association or donated to the Association for the purpose of being utilized in the permanent concession room at the E. C. Moore Softball Complex becomes the property of the City of Clearwater. Items, other than those used in the concession room, purchased by the Association or donated to the Association for use in improving 3 I I the City's softball facilities will be maintained by the City and will become the property of the City of Clearwater. 13. Arrangements regarding the use of the permanent concession room at the Eddie C. Moore Recreation Complex take into consideration the fact that the City paid for the construction of the room and the fact that the Association expended approximately $20,000 to purchase and install all concession room equipment. All monies received by the Association shall be spent to enhance the City's softball program, facilities, or both. In recognition of the contribution of the Association, the Association shall have full rights to operate the concession room during regular season play and to receive and retain all concession revenue during regular season play. However, for tournaments and other types of special activities, both parties agree to the following: a) City Sponsored For special activities sponsored and conducted by the City, or otherwise approved by the City Manager, the City shall have the right to operate the concession room and to retain all concession revenues. In these cases, the City shall purchase its own concession goods and supplies for resale and not use those belonging to the Association. Further, to assure safe and proper use of the concession equipment, the Association will be asked to provide a member who would be present and assist during concession hours. For this represent a- tive, for each day of use, the Association shall be paid $5.00 per hour. Other arrangements may be made if agreed to by both parties. b) Assocation Sponsored - For special activities sponsored and conducted by the Association, the Association shall have the right to operate the concession room and to retain all concession revenues. c) Private Sponsored - For special activities sponsored and conducted by any person other than the City of the Association, the sponsor may select one of the following options regarding the concession operation: 4 I I 1. Request that the Association operate the concession room with all proceeds retained by the Association. 2. Operate a portable concession stand. In this case, the private sponsor shall retain all revenue, but shall not have access to the concession room. 3. Make other arrangements with the Association that are approved by the sponsor, the Association and the City. 14. The Association agrees that under no circumstances will alcoholic beverages be sold or offered for sale in the operation of the concession room. The Association also agrees to assist and support the City in enforcing the City's ordinances concerning alcoholic beverages in City parks. 15. The Association, in the event it encounters difficulty in securing volunteers to work in the concession room, may contract the concession operation out to another party. However, any such contract and other party shall be approved by the Parks and Recreation Department and shall adhere to all provisions of the Agreement. 16. The Association agrees to staff and operate the concession room at all times that three games are scheduled on three fields or two games on four fields unless other arrange- ments are previously approved by the Parks and Recreation Department. 17. The Association shall collect and pay all appli- cable Federal, State, County and municipal taxes on concession s a1 e s . The Association, at its expense, shall obtain all licenses required and shall pay all other applicable taxes in the operation of Association events. 18. All monies collected by the Association shall be directed by the Association into City softball related programs, equipment, or facilities that mutually benefit the Association and the City. Primary concern shall be for the purchase of those capital items that will benefit softball at all of the City softball facilities. Capital purchases over $200 with a lifespan of over one (1) year shall first be approved by the City. 5 I , 19. The Association shall keep accurate records of all revenues and expenditures, and shall submit an annual accounting report thereof to the Parks and Recreation Department by February 15th of each year. In addition, the Association shall submit an accounting report for each association tournament no later than two weeks after the tournament. The Association shall keep its records available and open to inspection by the City at all reasonable times. 20. The Association shall provide and maintain a current certificate of insurance in accordance with the City-s Risk Management Office requirements. 21. The City shall have the right through its agents to make reasonable inspections of the concession room and the operation thereof to see that it is being conducted in a proper manner for the protection of the City under the terms of this Agreement. 22. The City and the Association agree that all groups using the concession room will honor the provisions of the Agreement between the Association and the Coca Cola Bottling Company dated during the term ot the Agree- ment. Said Agreement specifies the use of Coca Cola products in exchange for four (4) scoreboards that were installed at the site at the expense of Coca Cola. 23. The City agrees that at least one City employee will be present at all Association sponsored events in order to open and close facilities unless prior arrangements are made with Association officials. 24. The Association, upon receiving approval from the Parks and Recreation Department, may operate portable concession stands at other City owned athletic facilities under the same terms and conditions of this Agreement. 6 ~'- ~ ,- I I 25. This Agreement represents the entire Agreement between the Association and the City and supercedes all prior Agreements between the parties. IN WITNESS WHEREOF, the parties hereto have set their hands and seal the date first above written. CITY OF CLEARWATER, FLORIDA By ,.&r. terim City Manager Approved as to form and ,~~ correctness: > Attest: _.-, - '- '''''- r "., "1. c,> ,\ ~_ . "c--:, ,. .' _ " - T~ C~,~ 1-, "~';Q~~ (2.'+1 Q.I~~\<.,.' ~,' "'i;~J CLEARWATER SLOW PITCH SOFTBALL ASSOCIATION, INC. BY:~-/~~~M esid nt 7 Hc.turn (;'Jnlpleled Certificate To: CITY ojF CLEARWATER '1'.0. Box-4748 ':;le~rN;'I"r, FL 34618-4748 AlIn: RISK MANAGEMENT CERTIFICA TE OF INSURANCE TO CITY OF . CLEARWATER FLORIDA ("the Cily") A Municipal Corporation This ce~ifies to the Cily that the failowing described policies have been issued to the Insured named below and are in force at this time, Insured: Clearwater Slow Pitch Softball Association. Inc. Address: POBox 53 71t Clearwater, Florida 33518 , I Only This Certificate or Insurance form will be accepted. Description of operations/locations/products insured: Soonc;nro:;h i p of C::nft-h:::ll1 TOIJrnnmpn tc; Contract/Purchase Order No. (if any): POLICIES LIMITS POLICY EXPIRA TION AND INSURERS Bodily Injury Property Damage NUMBER DATE Worker's Compensation Employer's Liability $ (Name of Insurer) Best's Rating "Claims'Made"_ "Occurrence"~ Check policy type: Comprehensive General Liability-1L Each Occurrence Each Occurrence or $ $ Commercial General Liability_ Aggregate Aggregate $ $ Cincinnati Insurance Co. or AGL 249 29 87 1'17/88 (Name of Insurer) Combined Single Limit $ 1,000.000 Best's Rating A+ 1<; Aggregate $ 1 ,000,000 Business Auto Poiicy Each Person Liability Coverage Symbol _, $ Each Accident Each Accident $ . $ (Name of Insurer) or Best's Rating Combined Single Limit $ . "Claims-Made"_ "Occurrence"_ Umbrella Liability Occurrence/Aggregate $ (Name of Insured) Self-Insured Retention $ Best's Rating The following c0verages or conditions are In effect: Yes No The City, its officials, and employees are named on allliabilily policies described above as insureds as respects: (a) activities performed tor the City by or on behalf of the named insured, (b) products and completed operations of the Named Insured, and (cl premises owned, leased or used by the Named Insured. X Products and Com leteij 0 erations y The undersigned wil1 mail to the City 60 d~ys written notice of cancellation; reduction of coverage or limits; aggregate erosion; y advance of the Retroactive Date; and/or renewal. -:J".../. Cross liability Clause (or equivalent wording) v Personal Injury, perils A, Band C Broad Form Property Damage " y X, C, U Hazards Included v Conlractu2~ Liabilitv CoveraQe applyi~to this Cont~actlLease/~reement v Liquor Liability X Coverage afforded the City, its officials, employees and volunteers as an insured applies as primary and not excess or con. tributing to any insurance issued in the name of the City. y Waiver of subrogation from Workers' Co~nsation insurer. " '^ This certificate IS issued as a matter of information. This certificate is not an insurance polie and does not amend, extend or alter the covera e' afforded b Y 9 Y V1e.,olicies listed herein. Notwithstanding afllJ' requirement, term or condition of any contract or other document with respect to which this certificate of insurance may tie issued or may pertain, the insurance afforded by the policies described herein is subject to aU the terms, exclusions and conditions of such policies. <:;h:::lfp-r--Rr-n\./n Inc::ttr-:::Ir'Jro '-'1r Agency or- Brokerage 1 P. O. Box 1328, Clearwater, Address AJ Ie" S I pwi c;nn Name of Person \0 be CQntacted 447-1177 Telephone r~umber Fl 34617 Ohio 1+5214 7-21.B7 j." r _" ?:., /.' _" /""-..-,~..; UJ ;<:1(/' I ",/~ / (i... ,'~ AI.. , ).f.. (( ,,>~;.',..A:// /')/~:/p Authorized Signature Dat Note: Authorized signature may be the agent's if agent has placed insurance through an agency agreement with the insurer. 11 insurance is brokered, authorized signature must be that of official of insurer.