Loading...
OPERATIONAL SUPPORT AGREEMENT (2) ; I I I ALL-AMERICAN YOUTH CLUB OPERATIONAL SUPPORT AGREEMENT This Operational Support Agreement is made and entered into this J.S"....f'h- day of ~ ~ between the City of Clearwater, hereinafter referred to as the City, and Ervi~s All American Youth Club, Inc., a 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 ~f the City of Clearwater; NOW, THEREFORE, the parties agree as follows: ARTICLE I. TERM The term of this agreement shall be for a period of 3 years commencing on the 1st day of September, 1992 and continuing through the 31st day of August, 1995, (the Termination Date), unless earlier terminated under the terms of this agreement. ARTICLE II. RESPONSmILITIES AND RIGHTS OF THE CLUB 1. Services to be Provided. The Club shall provide the following services: a. Youth Programs. Conduct educational, cultural and motivational programs at the Youth Center for the benefit of neighborhood and Clearwater area youth. b. Assistance to 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. ~ (}(!/~ v: /J!~ / .:.'!... ,x 'L' l/ (f; 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 Dlegal Use. The Club promises and agrees that they will make or allow no unlawful, improper or offensive use of the 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 any where 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 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 the 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 its own 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 Department of Administrative Services, Grants Coordinator, with an audited report of activities conducted under the provisions of this agreement, covering the previous operating year. Such report shall be due by November 1 each year. Each report is to set forth the total income received, the total expenses incurred, the number of Clearwater residents served, I. .. I I Fe and commentary on the viability, effectiveness, and trends affecting the All-American Club program. A separate copy of 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. 7. Use and Disposition of Funds Received. Any Funds received by the Club from the City shall be used to pay for operational expenses attendant to the operation of the Youth Center. ~ 8.~1~,l:~~ Charges. The Club shall pay for all ~tht.k 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. II ., ,. I I y' b. No Exclusion from Hire. In the management, operation, or provision of the program activities authorized and enabled by this agreement, no person shall be excluded from participation in or denied the benefits of or otherwise be subject to discrimination on the grounds of, or otherwise be subjected to discrimination on the grounds of race, color, religion, sex, handicap, age, or national origin. c. Inclusion in Subcontracts. The Club agrees to include the requirement to adhere to Title VI and Title VII of the Civil Rights Act of 1964 in all approved sub-contracts. d. Breach of Nondiscrimination Covenants. In the event of conclusive evidence of a breach of any of the above non-discrimination covenants, the city shall have the right to terminate this Agreement. 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 harmless 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. ,., I I {. 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 ill. RESPONSffiILITIES OF THE CITY 1. Provision of Funds. The City agrees to provide funds to purchase operational supplies for the Club up to the amount approved in the City's annual operational budget for the Youth Center activities. . for and shal~ ----- ~ 4'--" ;LYMaintenance 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. .,., .'~ ~ I I I- ARTICLE VU. 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. ARTICLE VID. 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 34615 2. If to City, addressed to: Director Department of Parks and Recreation P.O. Box 4748 Clearwater, FL 34618-4748 ARTICLE VU. EFFECTIVE DATE The effective date of this agreement shall be as of the first day of September, 1992. .. . ~. " I , ,.' ~ .' , . !,-. IN WITNESS WHEREOF, the parties hereto have set their hands and seals this l.s~ day of S.f~~ , 1992. CITY OF CLEARWATER, FLORIDA By: City Manager Michael Wrigh Attest: Mayor-Commissioner Rita Garvey Approved as to form and correctness: ...._, .- - -- - ~ - Cy t ia E. Goudeau, City Clerk ERVIN'S ALL-AMERICAN YOUTH CLZ __ ~ By. ~~ Executive Dlfector Witnesses as to Club: ~(b ~~~ ~~1A.:5 r'L/~ /i IlA_ ~1JlJ~. ,tj President Attest: