CLEARWATER SLOW PITCH SOFTBALL AGREEMENT
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AGREEMENT
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THIS AGREEMENT made and entered into this ~~ day of
~~ ' A.D. 1991 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 many 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 two (2) 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. All slowpitch softball activities on City-owned fields shall
be categorized as one of the following.
Citv Soonsored - 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 Soonsored - Activities scheduled, conducted and
financed by the Association with approval from the City. Such activities
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shall receive second lriority 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 Soonsored - 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.
3. The Association, by March 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
Oepartment shall receive and review said schedule and confirm in writing by
March 15 to the Association an approved schedule. The Association shall
complete a tournament information form, provided by the City, for each
tournament and submit these forms to the City within 30 days after each
tournament.
4. The Association shall be allocated a maximum of (ten)
tournament weekends per year.
5. 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.
6. The Association shall have the right to charge, collect and
retain entry fees and other appropriate fees for Association sponsored
activities.
7. The Association shall be responsible for the scheduling of
umpires and scorekeepers and shall give first priority to registered City of
Clearwater umpires and scorekeepers for all Association sponsored tournaments.
8. City personnel assigned to work Association sponsored
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.
9. 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.
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10. ThelAssociation shall at its expense1be 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 concession 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 the City's softball facilities will be maintained by the City and
will become the property of the City of Clearwater.
11. 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) Citv Soonsored - 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 ensure
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 representative, 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) Association Soonsored - 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 Soonsored - For special activities sponsored and conducted
by any person other than the City or the Association, the sponsor may select
one of the following options regarding the concession operation:
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.
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12; ThelAssociation agrees that under no1circumstances 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.
13. 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.
14. 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 arrangements are previously approved by the Parks
and Recreation Department.
15. The Association shall collect and pay all applicable
Federal, State, County and municipal taxes on concession sales. The
Association, at its expense, shall obtain all licenses required and shall pay
all other applicable taxes in the operation of Association events.
16. 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's softball facilities. Capital purchases over $200 with a lifespan
of over one (1) year shall first be approved by the City.
17. 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. The
Association shall keep its records available and open to inspection by the
City at all reasonable times.
18. The Association shall defend, indemnify, save and hold the
City harmless from any and all claims, suits, judgments and liability for
death, personal injury, bodily injury, or property damage arising directly or
indirectly from the performance of this Agreement by Association its
employees, subcontractors, or assigns, including legal fees, court costs, or
other legal expenses. Association acknowledges that it is solely responsible
for complying with the terms of this Agreement. In addition, the Association
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shall, at its expensJsecure and provide to City, oriot to execution of this
Aareement on behalf of Citv, insurance coverages as required in Exhibit "A"
attached hereto and made a part hereof.
19. 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.
20. The City and the Association agree that the association will
honor the provisions of the Agreement between the City and the Coca Cola
Bottling Company dealing with the exclusive use of coke products at the E. C.
Moore Softball Complex.
21. 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.
22. 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.
23. This Agreement represents the entire Agreement between the
Association and the City and supersedes all prior Agreements between the
parties.
IN WITNESS WHEREOF, the parties hereto have set their hands and
seal the date first above written.
Countersigned:
CITY OF CLEARWATER, FLORIDA
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City Manager
By:
Approved as to form and correctness:
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A TER Sf.OO, , PITCH SQFJIlJll,l
ASSOCIATION, INC..
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EXHIBIT "A"
to
AGREEMENT DATED
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Between
CITY OF CLEARWATER
and
INSURANCE REQUIREMENTS
1. Liabilitv Insurance. Association shall maintain:
a. Comprehensive General Liability insurance on an "occurrence" basis in
an amount not less than $500,000 combined single limit Bodily Injury
Liability and Property Damage Liability.
b. Worker!s Compensation Insurance applicable to its employees, if any,
for statutory coverage limits in compliance with Florida laws.
2. Additional Insurance. The City is to be specifically included as an
additional insured on all liability coverage described above.
3.
Notice of Cancellation or Restriction. All policies of insurance must be
endorsed to provide the City with thirty (30) day's notice of
cancellation or restriction.
4.
Certificates of Insurance/Certified Copies of Policies. The Association
shall provide the City with a certificate or certificates of insurance
showing the existence of the coverages required by this Agreement. The
Association will maintain these coverages with a current certificate or
certificates of insurance throughout the term of this Agreement. When
specifically requested by City in writing, the Association will provide
City with certified copies of all policies of insurance as required
above. New certificates and new certified copies of policies, if
certified copies of policies have been requested, shall be provided City
whenever any policy is renewed, revised, or obtained from other insurers.
5.
The address where such certificates and certified policies shall be sent
or delivered is as follows:
City of Clearwater
Attention: Risk Management
P.O. Box 4748
Clearwater, FL 34618-4748
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CITY OF CLEARWATER
ATTN .DONALD J PETERSEN
POBOX 4748
CLEARWATER FL34616
OF THE ABOVE DESCRIBED POLICIES BE CANCELLED
BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY
WILL ENDEAVOR TO MAIL 10 DAYS WR!TTEN NOTICE TO
THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO
MAIL SUCH NOTICE SHALL IMP E NO OBLIGATION OR LIABILITY OF
ANY KIND UPON THE COMPAN , ITS AGENTS OR REPRESENTATIVES.
AUTHORIZED REPRESENTATiVE
ALLEN S. LEWISON
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