OPERATIONAL SUPPORT AGREEMENT (4)
I
I
ALL-AMERICAN YOUTH CLUB OPERATIONAL SUPPORT AGREEMENT
~".
This pperational Support Agreement is made and entered into this ;:)/0. day of
~ ~ , 1998, between the City of Clearwater, hereinafter referred to as the City,
and Erv. .'s All American Youth Club, Inc., and Florida non-profit corporation, hereinafter
referred to as the Club.
WHEREAS, it has been determined to be highly desirable and socially responsible to provide
activities to build and foster the confidence, educational and social skills and good habits in young
people; and
WHEREAS, the City desires to help young people to build social skills by providing an operating
location and certain operational support; and
WHEREAS, the City owns the Holt Avenue Youth Center building, hereinafter referred to as the
Youth Center, located at 1250 Holt Avenue; and
WHEREAS, the Club has established programs that provide educational, motivational and
cultural activities for youth in the North Greenwood area of the City of Clearwater;
WHEREAS, the Club and City agree that this is the final year for such operational support under
the terms of this Agreement.
NOW, THEREFORE, the parties agree as follows:
ARTICLE I. TERM
The term of this Agreement shall be for a period of 1 year commencing on the 1 st day of
September 1998, and continuing through the 31st day of August 1999 (the termination date) unless
earlier terminated under the terms of this Agreement.
ARTICLE II. RESPONSIBILITIES AND RIGHTS OF THE CLUB
1. Services to be Provided. The Club shall provide the following services:
a) Programs. Conduct educational, cultural and motivational programs at the Youth
Center for the benefit of neighborhood and Clearwater area youth, adults, and families.
b) Assistance to the City. Provide Club Personnel and volunteers to operate and
supervise activities and special programs at the Youth Center.
c) Supervision of Recreation Grounds. Supply the necessary leadership and
supervision for the conduct of Club activities on the recreation grounds adjacent to the
Youth Center.
d) Controlled Use of Equipment and Supplies. Insure the proper use of supplies and
equipment at the Youth Center through appropriate management and supervision.
J Ii ,{" ? ::;
v' i, r"., _.'
(/Jj
I
I
e) Establish Scheduled Hours of Operation. Open and operate the Youth Center for the
public on days and at hours similar to other City recreation facilities.
2. Use of Youth Club Premises.
a) No Illegal Use. The Club promises and agrees that they will make or allow no
unlawful, improper or offensive use ofthe premises. Further, the Club understands and
agrees that this provision specifically prohibits, among other acts, the sale,
consumption or use of alcoholic beverages or controlled substances anywhere in, on or
around the Youth Center and those adjacent areas used by the Club.
b) Rules for Use. Rules and regulations governing the use of the Youth Center may be
established by the Club, providing they are not in conflict or inconsistent with the
ordinances, policies or operating rules of the City or of this Agreement. Such rules and
regulations developed by this Club may provide for and allow reasonable user fees.
c) Inspection by City. The Club understands and agrees that the Youth Center premises
may be entered and inspected at any time by the City's officers, agents and employees.
d) General Adherence to City Ordinances. Notwithstanding any limitations implied by
the provisions above, the Club promises to observe all City ordinances.
3. Maintenance of the Premises by the Club.
a) Custodial Maintenance. The Club shall maintain the Youth Center and adjacent areas
used by the Club in a clean and orderly condition using custodial supplies furnished by
the City's Recreation Facilities Division.
b) Repair of Damage. The Club understands and agrees that it is responsible for and will
cause to be repaired at the Club's expense damage to the premises other than vandalism
or normal wear and tear.
4. Area to be Served. Services rendered through this Agreement shall be provided within
the corporate limits of the City of Clearwater as it now exists and as its boundaries may be
changed during the term of this Agreement.
5. Reports of Agency Activities. The Club shall furnish the City an audited report of
activities conducted under the provisions of this Agreement, covering the previous
operating year. Such report shall be due by December 15th each year. Each report is to set
forth the total income received, the total expenses incurred, the number of Clearwater
residents served, and commentary on the viability, effectiveness, and trends affecting the
All-American Club program. The report shall be made available to the Parks and
Recreation Department designated coordinator.
6. Monthly Attendance Report. The Club shall report daily attendance figures in a separate
monthly report to the Parks and Recreation Department.
2
I
I
7. Use and Disposition of Funds Received. Any Funds received by the Club from the City
shall be used to pay for operational and programming expenses attendant to the operation
of the Youth Center.
8. Utility Charges. The Club shall pay for all utility costs associated with the operation of
the Youth Center.
9. Payment of Fees and Taxes. The Club shall obtain all required licenses at its own
expense and shall pay all required taxes necessary to the Club's operation at the Youth
Center.
10. Creation, Use and Maintenance of Financial Records.
a) Creation of Records. The Club shall create, maintain and make accessible to
authorized City representatives such financial and accounting records, books,
documents, policies, practices and procedures necessary to reflect fully the financial
activities of the Agency. Such records shall be available and accessible at all times for
inspection, review or audit by authorized City personnel.
b) Use of Records. The Club shall produce such reports and analyses that may be
required by the City and other duly authorized agencies to document the proper and
prudent stewardship and use of the monies, supplies and equipment received through
this Agreement.
c) Maintenance of Records. All records created hereby are to be retained and
maintained for a period not less than five (5) years from the termination of this
Agreement.
11. Non-discrimination. Notwithstanding any other provision of this Agreement, during the
term of this Agreement, the Club for itself, agents and representatives, as part of the
consideration for this Agreement, does covenant and agree that:
a) No Exclusion from Use. No person shall be excluded from participation in, denied the
benefits of, or otherwise be subjected to discrimination in the operation of this program
on the grounds of race, color, religion, sex, handicap, age or national origin.
b) No Exclusion from Hire. In the management, operation, or provision of this program
activities authorized and enabled by this Agreement, no person shall be excluded from
participation in or denied the benefits of or otherwise be subjected to discrimination of
the grounds of race, color, religion, sex, handicap, age, or national origin.
c) Inclusion of Subcontracts. The Club agrees to include the requirement to adhere to
Title VI and Title vn of the Civil Rights Act of 1964 in all approved subcontracts.
d) Breach of Nondiscrimination Covenants. In the event of conclusive evidence of a
breach of any of the above nondiscrimination covenants, the City shall have the right to
terminate this Agreement.
3
I
I
12. Liability and Indemnification. The Club shall act as an independent contractor and
agrees to assume all risks of providing the program activities and services herein agreed
and all liability therefore, and shall defend, indemnify, and hold hannless the City, its
officers, agents, and employees from and against any and all claims of loss, liability and
damages of whatever nature, to persons and property, including, without limiting the
generality of the foregoing, death of any person and loss of the use of any property, except
claims arising from the negligence or willful misconduct of the City or City's agents or
employees. This includes, but is not limited to, matters arising out of or claimed to have
been caused by or in any manner related to the Agency's activities or those of any
approved or unapproved invitee, contractor, subcontractor, or other person approved,
authorized, or permitted by the Agency in or about its group dining locations whether or
not based on negligence.
13. Insurance. The Club shall procure and maintain during the term of this Agreement
insurance against claims for injuries to persons or damage to property which may arise
from or in connection with this Agreement.
a) Minimum Scope of Insurance. A Comprehensive General Liability policy covering
the Youth Center premises used by the Club and all activities occurring hereon shall be
obtained and maintained in force by the Club.
b) Minimum Limits of Insurance. Insurance procured in accordance with this section
shall have minimum coverage limits of $500,000 for all occurrences and activities on
premIses.
c) Additional Named Insured. Each insurance policy issued as a requirement of this
Agreement shall name the City of Clearwater, City, as additional named insured. The
coverage shall contain no special limitations on the scope of protection afforded to the
City, its officials, employees, agents or volunteers.
d) Verification of Coverage. The Club shall furnish the City with the Certificate of
Insurance with all endorsements affecting coverage required by this section. These
forms shall be received and approved by the City's Risk Manager before execution of
this Agreement by authorized City officials.
14. Coordination of Activities with City. The Club agrees to meet as needed with the
designated Parks and Recreation coordinator to coordinate schedules, discuss maintenance
and care of the equipment and premises, procuring and purchasing supplies and, generally,
any matters subject to the terms of this Agreement.
ARTICLE III. RESPONSIBILITIES OF THE CITY
1. Provision of Funds. The City, for the 1998/99 budget year, agrees to provide a grant of
$101.300 to the Club to assist in funding Club activities, and to budget $8.470 to cover the
costs of building maintenance and pest control services at the Youth Center. The City also
agrees to provide a "matching grant program" up to a maximum City contribution of
$16,037. Under this program, the Club must first raise $8,925 in donations from the
private sector. After said amount is raised and received by the Club, the City will match
4
I
I
each additional private sector dollar the Club receIves up to the maxImum City
contribution of$16,037.
2. Grant Payments. Twenty-five percent (25%) of approved grants will be paid by the City
to the Club prior to October 30th of each year during the term of this Agreement.
Subsequent payments of 25% each will be made in January, April, and July of each year.
Payments for the "matching grant program" will be made by the City at such time as the
Club submits written requests and documentation.
3. Use of Premises. The City permits the Club to have complete use of the Youth Center and
grounds for Club activities and programs.
4. Maintenance of Premises. Maintenance of the Youth Center buildings and grounds for
normal wear and tear shall be a responsibility of the City.
ARTICLE IV. ASSIGNMENT OF AGREEMENT
This Agreement, or any part thereof or interest therein may not be assigned or transferred by the
Club to anyone without the express prior approval and consent of the City.
ARTICLE V. DISCLAIMER OF WARRANTIES
This Agreement constitutes the entire Agreement of the parties on the subject hereof and may not
be changed, modified or discharged except by written Amendment duly executed by both parties.
No representations or warranties by either party shall be binding unless expressed herein or in a
duly executed Amendment hereof.
ARTICLE VI. TERMINATION
1. For Cause. Failure to adhere to any of the provisions of this Agreement in material
respect shall constitute cause for termination. This Agreement may be terminated with 30
day notice.
2. Disposition of Fund Monies. In the event of termination for any reason, any monies
made available to the Agency but not expended in accordance with this Agreement shall be
returned to the City.
ARTICLE VII. RADON GAS ADVISORY
As required by Section 404.056(8), Florida Statutes, the Club shall take note of the following:
RADON GAS: Radon is a naturally occurring radioactive gas that, when it has
accumulated in a building in sufficient quantities, may present health risks to persons who
are exposed to it over time. Levels of radon that exceed federal and state guidelines have
been found in buildings in Florida. Additional information regarding radon and radon
testing may be obtained from your county health unit.
5
. '.
I
I
ARTICLE VIII. NOTICE
Any notice required or permitted to be given by the provisions of this Agreement shall be
conclusively deemed to have been received by a party hereto on the date it is hand delivered to
such party at the address indicated below (or at such other address as such party shall specify to
the other party in writing), or if sent by registered or certified mail (postage prepaid), on the fifth
(5th) business day after the day on which such notice is mailed and properly addressed.
1.
If to Club addressed to:
Executive Director
Ervin's All American Youth Club
1250 Holt Avenue
Clearwater, FL 33755
2.
If to City, addressed to:
Director
Parks and Recreation Department
P.O. Box 4748
Clearwater, FL 33758-4748
ARTICLE IX. EFFECTIVE DATE
CITY OF CLEARWATER, FLORIDA
By: k
Rita Garvey
Mayor-Commissioner
Michael J. Roberto
City Manager
Approved as to form:
~c
:=::::>
Attest: _
- Cyng~-[. Jt. p~
City Clerk
John Carassas
Assistant City Attorney
Witnesses as to the Club:
,~ -~~
~ ;t\f2i-
./
Atte
s:lParkslAgrecmentslErvin's Agreement Extensioo9s..99.doc
6