EDDIE C. MOORE RECREATION COMPLEX SOFTBALL PROGRAM AGREEMENT
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AGREEMENT
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THIS AGREEMENT
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made a d entered into this day
t ' A.D. 1993 by and between the CITY
municipal corporation, hereinafter
OF CLEARWATER, FLORIDA, a
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:
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1.
ThiJ 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 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.
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 Department shall receive
and review said schedule and confirm in writing by March 15 to
the Association an approved schedule. The Association shall
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complete a tournament
information form,
providld 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.
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The Association shall at its
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expense be
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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 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
ensure safe and proper use of the concession equipment, the
Association wiil 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
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paid $5.00 per hour.
by both parties.
other arrangements may
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if agreed to
b) Association Sponsored - For special activities
sponsored and conducted bJ 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 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.
12. 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.
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.
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14.
ThelAssociation agrees to stafJand 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
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other legal expenses.
Association
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acknowledges that
it is solely
responsible for complying with the terms of this Agreement. In
addition, the Association shall, at its expense secure and
provide to City, prior to execution of this Aqreement on behalf
of City, 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.
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IN WITNESS WHEREOF,
the parties hereto
have set their
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hands and seal the date first above written.
::~~T~'
. Ct) ~anager..
FL
Approved as to form and correctness:
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Attest:" - ,. .
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CYI;1t!1ia E.,_-Gtjtldeau
City c-:p:irk_
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CLEARWATER SLOW PITCH
witnsses as to Club:
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President
Att..t~ ~ J!
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Secretary/ reasurer
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EXHIBIT "A"
to
AGREEMENT DATED
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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