PROVIDE RECREATIONAL PROGRAMS
CITY OF CLEARWATER
SPORTS AND PROGRAM CO-SPONSOR AGREEMENT
THIS AGREEMENT, made and entered into this 2nd day of Februarv. 2004, by
and between the CITY OF CLEARWATER, FLORIDA, a municipal corporation,
hereinafter referred to as "City", P.O. Box 4748, Clearwater FI. 33758 and the Sunsets
at Pier 60 Society. Inc., hereinafter referred to as "Co-Sponsor Group",
WITNESSETH:
WHEREAS, the Co-Sponsor Group is an organized recreational group or
program approved by the Parks and Recreation Director, which provides its own
volunteer leadership and administration; and
WHEREAS, the City recognizes the Co-Sponsor Group as providing a valuable
service to the community, through their extensive use of volunteers and volunteer
resources; and
WHEREAS, the Co-Sponsor Group meets all of the criteria included in this
Agreement, and
WHEREAS, the Co-Sponsor Group desires to use various City-owned facilities
for organized sports programs and or various other recreational related activities for the
citizens of Clearwater; and
WHEREAS, the City owns certain public properties and facilities that are
available to be utilized by the Co-Sponsor Group for their programs; and
WHEREAS, the Co-Sponsor Group may use the physical facilities owned and
maintained by the City or leased to the City subject to the terms of this Agreement
NOW, THEREFORE, in consideration of the covenants herein contained and
other good and valuable consideration, the City agrees to allow the Co-Sponsor Group
to utilize City facilities as described in Exhibit "A" attached hereto as amended annually,
and made part of this Agreement, under the following terms and conditions:
1. The term of the Agreement will be for a period of one (1) year commencing
October 1. 2003 and ending September 30. 2004.
2. Exhibit "A" will be updated by both parties prior to September 30. 2004 and
subsequently every year thereafter for the duration of this Agreement.
3. This Agreement will remain in effect unless terminated by either party as
follows:
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(;ji)
(a) Upon breach of this Agreement by a party, the other party will
give written notice of termination of this Agreement specifying the claimed
breach and the action required to cure the breach. If the breaching party
fails to cure the breach within five days from receipt of said notice, then the
contract will terminate ten days from receipt of the written notice.
(b) Either party may terminate this Agreement by giving written
notice to the other party that the Agreement will terminate 30 days from the
receipt of said notice by the other party.
4. The City will provide and maintain facilities for the Co-Sponsor Group for their
approved program and activity. Further, the City may actively promote the Co-Sponsor
Group programs and activities utilizing City resources Le. "Fun in Sun Magazine", C-
view, etc.
5, The Co-Sponsor Group agrees to provide recreational programs and activities
to primarily benefit the residents of Clearwater.
6. The Co-Sponsor Group agrees to provide competent leadership for the
program and the Board of Directors as established by the organizations by-laws will
have City of Clearwater resident representation. The Board of Directors will conduct
the program in the best interests of the City of Clearwater.
7. The Co-Sponsor Group agrees to promote their program to the citizens of
Clearwater and that a minimum of 50% of their participants will be residents of the City
of Clearwater. If the 50% target is not being satisfied the group may submit a plan to
achieve this goal or an alternative that must be approved by the City. N/A
8. The Co-Sponsor Group agrees to submit the following as specified.
(a) Current roster or membership role - Date due: N/A
(b) Payment for participants who do not have valid City participant cards
Date due: N/A
(c) An accurate facility and/or field schedule, depicting actual use Le.
practices, games, meets, tournaments, events - Date due:
(d) A complete list of the Board of Directors - Date due: 10/1/03
(e) A list of all coaches and certifications of coaches - Date due:
N/A
(f) Copy of the by-laws and Articles of Incorporation - Date due:
(g) A copy of the Insurance Certificate naming the City of Clearwater as
additionally insured - Date due: 10/1/03
(h) Verification of Nonprofit status - Date due: 10/1/03
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9. The Co-Sponsor Group agrees to submit a financial statement or annual
audit. Date due: 9/30/04
10. The Co-Sponsor Group will maintain a positive relationship with the City and
Parks and Recreation Department by:
(a) Obtaining prior approval for any activities that are not on the regular
game/practice or use schedule
(b) Obtaining prior approval for any field or facility improvements
(c) Providing all requested information and paying all fees on time
(d) Informing Parks and Recreation staff of field problems or schedule
changes
(e) Enforcing and abiding by all City laws, rules, policies and procedures
(f) Providing Athletics staff with current registration and promotional
materials
11. The Co-Sponsor Group will act as a good caretaker and custodian of all City
of Clearwater property by avoiding any activity that may damage the facilities, by
cleaning up trash after each use, by enforcing the "no smoking" policy, by utilizing lights
only when needed and turning them off after use.
12. The Co-Sponsor Group will assume all responsibility to monitor storm
conditions and evacuate playing fields of participants and spectators when the threat of
lightning or dangerous conditions approaches. Co-Sponsor Group will cancel games
when field or playing conditions could cause harm or damage to participants or to the
facilities Le. flooded fields.
13. The Co-Sponsor Group will validate the quality of adult leadership by
requiring annual background checks of all coaches and volunteers that will have
unsupervised contact with youth participants. The group will also require and offer City
sponsored or City approved classes and/or clinics (such as those endorsed by the
National Alliance for Youth Sports) to coaches and parents on athletic fundamentals,
sportsmanship, coaching techniques, and other relevant topics. The Co-sponsor Group
shall keep updated records on all background checks and training opportunities.
14. The Co-Sponsor Group will recognize and support City public/private
partnerships. The Co-Sponsor Group will be given ample notice of such partnerships
and their responsibility if any.
15. The Co-Sponsor Group must receive prior written approval from Parks and
Recreation to make any alterations, changes or additions to the existing facilities.
16. The Co-Sponsor Group shall use existing City concession stands and honor
any outstanding City agreements in place at these stands.
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17. Facilities constructed by the Co-Sponsor Group i.e. press boxes, concession
stands, batting tunnels etc., will be maintained by the Co-Sponsor Group. Failure to
maintain these facilities in a manner acceptable to the City may result in their removal.
18. Schedules submitted by the Co-Sponsor Group must accurately depict
field/facility use and any changes must be approved before they are implemented. The
City reserves the right to revise or revoke schedules of facilities based on inappropriate
use or non-use by the Co-Sponsor Group. The City also has the right to assign fields or
facilities to others if use by the Co-Sponsor Group is not substantiated.
19. The City will permit two fund raising sports events per year with City
providing personnel to service these events at no cost to the group other than the
assessed per "Team Service Fee" where applicable. The Co-Sponsored Group will be
responsible for direct City costs beginning with the third event. N/A
20. Any revenue collected by the Co-Sponsor Group on City property must be
used to promote and support the Co-sponsor Group activities. Use of funds for other
purposes could result in termination of this Agreement.
21. The Co-Sponsored Group agrees that all staff, coaches, volunteers and
agents of the group shall conduct themselves as good role models exemplifying good
sportsmanship, cooperation and appropriate behavior.
22. The Co-Sponsor Group and all its invitees will abide by all City policies when
using City facilities, including those policies which state that the consumption of tobacco
products or alcoholic beverages on City or School property is prohibited.
23. The Co-Sponsor Group further agrees to make no unlawful, improper, or
offensive use of the facilities.
24. If either party terminates the Agreement, any improvements made to the
property by the Co-Sponsor Group will remain the property of the City.
25. The Co-Sponsor Group agrees that it will indemnify and save the City
harmless on account of the negligent acts of Co-Sponsor Group staff, volunteers or
agents or on account of any unsafe condition that may exist as a result of the negligent
operation by Co-Sponsor Group staff, volunteers or agents of the facilities. The Co-
Sponsor Group further agrees to carry liability insurance where appropriate and as
requested by the City and as shown below; and add the City of Clearwater to its
insurance policy as an additional insured.
(a) Comprehensive General Liability insurance on an "occurrence"
basis in an amount not less than $500,000 combined single limits
Bodily Injury Liability and Property Damage Liability.
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(b) Business Automobile Liability insurance for any motor vehicle
owned by, hired by, used by, or used on behalf of a Co-Sponsor
Group in the amount of at least $500,000, providing Bodily Injury
Liability and Property Damage Liability.
(c) Worker's Compensation Insurance applicable to its employees,
if any, for statutory coverage limits in compliance with Florida
laws.
(d) Property Insurance, if available, as a tenant or user of City
facilities in an amount not less than $500,000.
(e) Certificates of insurance showing coverage as provided above
will be provided to the City by 10/1/03
(f) Special insurance requirements if needed by other groups Le.
Long Center, Pinellas County School Board etc.
(g) The address where such certificate(s) of insurance shall be sent
or delivered is as follows:
City of Clearwater
Attention: Bob Barry
Parks and Recreation Dept.
P.O. Box 4748
Clearwater, FL 33758-4748
Also, copy to be sent to Risk Manager at same address.
26. The Co-Sponsor Group may not assign this Agreement or any of its rights
hereunder, nor permit others to use the facilities or any part thereof without the written
consent of the City.
27. In the event of questions arising out of the use of the facilities or otherwise
arising under this Agreement, the questions will be settled in writing between the Parks
and Recreation Director for the City and President or presiding highest officer of the Co-
Sponsor Group or the specific designee of either for resolution of such questions.
28. If special conditions or issues need to be clarified they will be covered in
Exhibit B (Le. maintenance issues, payment of fees, special needs), and attached
hereto and made a part hereof.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day
and year first written.
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Witnesses:
~~~~ ~j
As to City Manager or Designee
.'1~
As to Co~ ponsor Group President
Designee
CITY OF CLEARWATER, FLORIDA
BY:~~
City Manager or Designee
k~~
--Co-Sponsor Group President or
Designee
.
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EXHIBIT A
City of Clearwater
Co-Sponsor Group Use Request
Co.-Sponsor Group Name:
Sunsets at Pier 60 Society, Inc.
Brief Description of Program:
Sunsets at Pier 60 Society, Inc., is a not-for-profit corporation that promotes tourism
and programs for residents at Pier 60 and Pier 60 Park on Clearwater Beach. Their
primary means for accomplishing this is by providing arts and crafts, music, concerts
and entertainment. The program is presented nightly at Pier 60 and Pier 60 Park two
hours before and after sunset.
Specific Dates of Program: Year round
Field users must attach an approved weekly schedule. N/A
Requested Facility/Field:
Pier 60 Park (Pavilion and sand areas)
Pier 60 (up to the bait house)
Requested Special Event Dates: (Tournaments, Clinics, Camps, Etc.)
Special dates are for Beachfest: April 16 - 18, 2004
Fantasea of Lights: November 28, 2003 - January 2, 2004
Scheduling Contact Person: Lisa Chandler
Phone #: 727-430-5200
Submitted By:
Approved By:
5.~fV:;A:
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Date: 2-( --co y
Date: 2-)-0 'I
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Exhibit B
Special Conditionsllssues
· The Clearwater Police Department will provide normal policing for the event,
however, if additional security is needed, Sunsets will provide for this at their own
expense.
· The City of Clearwater will give a cash grant to Sunsets for the purpose of
administering the entertainment offered at Pier 60 Park totaling $ ;< S; (Jt:Jo .-- .
,
· The City's parking system will provide a portion of the Sunsets vendor parking
at a subsidized rate to be determined. This subsidy will be subject to change based on
usage and any fluctuations in current parking rates, parking demand, etc.
· The City will allow for the exhibition of a flag or banner at the entrance to Pier
60 advertising Pier 60 events.
· All other special events, celebrations, and festivals associated with Sunsets,
such as Sunset Summer Beachfest, Fantasea of Lights, Cajun Beachfest, etc., are
considered to be separate special events and must comply with terms and conditions
set forth in the special events ordinance.
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INPUT FORM FOR CONTRACTS AND LEASES
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