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SPORTS AND PROGRAM CO-SPONSOR AGREEMENT (37) ~ CITY OF CLEARWATER SPORTS AND PROGRAM CO-SPONSOR AGREEMENT d THIS AGREEMENT, made and entered into this "l'TH- day of JJ...AY , 200" 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 ~v,.Jc~~r )t"~~7lI Fo~-9~~after referred to as "Co-Sponsor Group", I 'Y (I AJ..( add ress) i9-- (c:.h..c.c..,e.! .::j: -: 2- 6t~1 p.~ 3~7''$ 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 ~~ following terms and conditions: /1. ~e term of the Agreement will ~foh period of one (1) year commencing 5 7 I ;-/ and ending --S/ 'X, ~/(6. 2. Exhibit "A" will be updated by both parties prior to S /~q, and subsequently every year thereafter for the duration of this Agreement. I 3. This Agreement will remain in effect unless terminated by either party as follows: 1 ~ (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 i.e. "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. 8. The Co-Sponsor Group agrees to submit the following as specified. (a) Current roster or membership role - Date due: <1- '3 D - 0 ~ (b) Payment for participants who do not have valid City participant cards Date due: 1- JcP - 0-1 (c) An accurate facility and/or field schedule, depicting actual use i.e. practices, games, meets, tournaments, events - Date due: 4 ,... ~ ~ - fS>"" (d) A complete list of the Board of Directors - Date due: 9 - 3 e> - 0'" (e) A list of all coaches and certifications of coaches - Date due: <t- 3.s> - E>~ (f) Copy of the by-laws and Articles of Incorporation - Date due: c;> - }o-.. ..., (g) A copy of the Insurance Certificate naming the City of Clearwater as additionally insured - Date due: <) - 3D - 10 1./ (h) Verification of Nonprofit status - Date due: ~ - 3.9 - ~~ 2 9. The Co.-Spenser Greup agrees to. submit a financial statement er annual audit. Date due: 9 - ~ c> - .r>"f 1 O. The Co.-Spenser Greup will maintain a pesitive relatienship with the City and Parks and Recreatien Department by: (a) Obtaining prier approval fer any activities that are net on the regular game/practice er use schedule (b) Obtaining prier appreval fer any field er facility imprevements (c) Previding all requested infermatien and paying all fees en time (d) Inferming Parks and Recreatien staff ef field preblems er schedule changes (e) Enfercing and abiding by all City laws, rules, pelicies and precedures (f) Providing Athletics staff with current registratien and prometienal materials 11. The Co.-Spenser Greup will act as a geed caretaker and custedian ef all City ef Clearwater property by aveiding any activity that may damage the facilities, by cleaning up trash after each use, by enfercing the "no. smeking" pelicy, by utilizing lights enly when needed and turning them eff after use. 12. The Co.-Spenser Group will assume all respensibility to. menitersterm cenditiens and evacuate playing fields ef participants and spectaters when the threat ef lightning er dangereus cenditiens appreaches. Co.-Spenser Greup will cancel games when field er playing cenditiens ceuld cause harm er damage to. participants er to. the facilities i.e. fleeded fields. 13. The Co.-Spenser Group will validate the quality ef adult leadership by requiring annual backgreund checks ef all ceaches and velunteers that will have unsupervised centact with yeuth participants. The group will also. require and effer City spensered er City approved classes and/er clinics (such as these endersed by the Natienal Alliance fer Yeuth Sperts) to. ceaches and parents en athletic fundamentals, spertsmanship, ceaching techniques, and ether relevant tepics. The Co.-spenser Group shall keep updated recerds en all background checks and training eppertunities. 14. The Co.-Spenser Greup will recegnize and suppert City public/private partnerships. The Co.-Spenser Group will be given ample netice ef such partnerships and their respensibility if any. 15. The Co.-Spenser Greup must receive prier written appreval from Parks and Recreatien to. make any alteratiens, changes er additiens to. the existing facilities. 16. The Co.-Spenser Group shall use existing City cencessien stands and hener any eutstanding City agreements in place at these stands. 3 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. 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. 4 (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 ~ - ,:> - o-f (f) Special insurance requirements if needed by other groups i.e. Long I Center, Pine lias County School Board etc. tJ_~ (g) The address where such certificate(s) of insurance shall be sent or delivered is as follows: City of Clearwater Attention: Parks and Recreation Superintendent of Recreation 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 (i.e. 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. 5 Witnesses: CITY OF CLEARWATER, FLORIDA By: :7~ 'City Manager or Designee As 0 Co-Sponsor Group President Designee er:?: . ~-~.~ Co-Sponsor Group President or Designee EXHIBIT A City of Clearwater Co-Sponsor Group Use Request Co-Sponsor Group Name: 5'v,A1 CJ>A'S-r 'tAt. ~N~kf;.,~ I ~ <, 6 ! Brief Description of Program: t,;lfI.eni'fI' 7?~r1)lt1,c.. ?~J~~ II~'P II.) l~ ./ ~ (,...J?~ v..e..S" /J $ ~ ~ Go -n OM -tt, /iJr'( "fur/;4 (.,-ftt..1- I ". ~ ~,~ ,,~ A-V'" ~J..,;o1 I vf " e:."",'rw,,{S t. ~ '" ~Ih""" I-C~ ~t!SS~.J ~V~1f d1 (!. ~~ ~ ~ ~c.~~S-&S ,r -rtl6.. f11.c.. ~1201"'. Specific Dates of Program: y t~A n"ou ~.b Field users must attach an approved weekly schedule. Requested Facility/Field: ,4(/t:,usr _ J1I\kY; ,&i(o""'OA,-Y.+vll WeON~sbAwY c;, tM.NA S I v "'" ~ Tt:> q ~-.. Cc!)~Jf""" I :roe. 1:) ( "'"".. 5'~,:) I ~ P1 ~ ("...""+<:.Aoo, "/~, /? - --- Requested Special Event Dates: :::rvAJf - :s-v'-Y ~JtS ~TV~~ a':'tN ,'c" (Tournaments, Clinic Camps, Etc.) - "" ,). v'1olV I>kY ~ - Q ~. f .. " - It ",It-')A-, ~e. DcrY . I':> I SChedU. ling Contact Person: Phone #: Approved B : Clearwater Co-Span Group Name: Date: DAY Date: ( 7 red Group Wee Iy Field Use Sch dule Field N # OF USERS ACTIVITY STAFF INITIALS 7