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SPORTS AND PROGRAM CO-SPONSOR AGREEMENT (10)CITY OF CLEARWATER SPORTS AND PROGRAM CO-SPONSOR AGREEMENT THIS AGREEMENT, made and entered into this 5th day of December, 2012, by and befinreen the CITY OF CLEARWATER, FLORIDA, a municipal corporation, hereinafter referred to as "City", P.O. Lox 4748, Clearwater FI. 33758 and the Clearwater Aquatic Team, hereinafter referred to as "Co-Sponsor Group", 1501 North Belcher Road Suite 229 Clearwater, FL 33765. 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 F:xtensive 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 thF 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 ancl maintained by the City or leased to the City subject to the terms of this Agreement NOW, THEREFORE, in consideratian of the covenants herein contained ancl other good and valuable consideration, the City agrees to allow the Co-Sponsor Grou�a 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 commencinc� January 1, 2013 and ending December 31, 2013. 2. Exhibit "A" will be updated by both parties prior to December 31, 2013, anci subsequently every year thereafter for the duration of this Agreement. 3. This Agreement will remain in effect unless terminated by either party a:> follows: (a) Upon breach of this Agreement by a party, the other party will give written notice of termination of this Agreement specifying the claimed 1 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 Agc�ement 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 agree� 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 tc, submit the following as specified. (a) Current roster or membership role — Date due: Exhibit E-CAT (b) Payment for participants who do not have valid City participant cards Date due: Exhibit E-CAT (c) An accurate facility and/or field schedule, depicting actual use i.e. practices, games, meets, tournaments, events — Date due: Exhibit E- CAT (d) A complete list of the Board of Directors — Date due: January 30, 2013 (e) A list of all coaches and certifications of coaches — Date due: Januarv 30. 2013 (fl Copy of the by-laws and Articles of Incorporation — Date due: Januarv 30, 2013 (g) A copy of the Insurance Certificate naming the City of Clearwater as additionally insured — Date due: January 1, 2013 (h) Verification of Nonprofit status — Date due: January 30, 2013 9. The Co-Sponsor Group agrees to submit a financial statement or annual audit. Date due: December 31, 2013 �� 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 (fl 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 o1� 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 i.e. flooded fields. 13. The Co-Sponsor Group will validate the quality of adult leadership by requiring annual background checks of a!I coaches and volunteers that will have� unsupervised contact with youth participant�. The group will also require and offer City� sponsored or City approved classes and/or clinics (such as those endorsed by th� National Alliance for Youth Sports) to coaches and parents on athletic fundamentals„ sportsmanship, coaching techniques, and other relevant topics. The Co-sponsor Grou�� shall keep updated records on all background checks and training opportunities. 14. The Co-Sponsor Group will partnerships. The Co-Sponsor Group will and their responsibility if any. recognize and support City public/privat�; k�e given ample notice of such partnership:� 15. The Co-Sponsor Group must receive prior written approval from Parks ancl 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. 17. Facilities constructed by the Co-Sponsor Group i.e. press boxes, concessior� 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. 3 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 Co-Sponsored Group will be responsible for direct City costs beginning with the first 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 l;ability 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. (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 ��t 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. 0 (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 January 1, 2013 (fl Special insurance requirements if needed by other groups i.e. Pinellas County School Board etc. January 1, 2013 (g) The address where such certificate(s) of insurance shall be sent or delivered is as follows: City of Clearwater Attention: Parks and Recreation Athletic Coordinator 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 right� hereunder, nor permit others to use the facilities or any part thereof without the writter� consent of the City. 27. In the event of questions arising out of the use of the facilities or otherwis� arising under this Agreement, the questions will be settled in writing between the Park:� 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 iri Exhibit B(i.e. maintenance issues, payment of fees, special needs), and attachecl hereto and made a part hereof. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day anc! year first written. Witnesses: CITY OF RWATER, FLORIDA .�- By: As to Ci M r or Designee ity Manager or Designee L _ r .� s to Co- nsor Group President Co-Sponsor roup President or Designee Designee � i�:cn:3�r_� City of Clearwater Co-Sponsor Group Use Request Co-Sponsor Group: ��,�,�,�� � �y-�� /� Brief Description of Program: ,���.� ,a �,�., __ _ �� Specific Dates of Program: y�;a,�, ��,,,�,� Requested Facility/Field: ,�o,�� �,v�, �� Requested Special Event Dates (Tournaments, Clinics, Camps, Etc.). Charges will be determined on a case-by-case basis. A projected invoice will be supplied with the tentative or confirmation permit: Scheduling Person: %�cu %`ocf�- E-maiL �/��ci � � /„�v�, �,.,.-► Phone #: ,.SIZ _ ��/. /a37 � Submitted By: ���� °�- s���� Date:�� �-- ��'-��1� ��� Approved By: . Date: �' � / z- 0 Exhibit B Special Conditions/lssues • The organization's president or authorized representative must attend the co- sponsor presidents meetings conduct�d by the Athletics Section. • I understand that the organization must be in compliance with this document in order to submit grant requests to Clearwater for Youth. Failure to meet any dates as outlined in this agreement will be grounds for the Group to be declared Out of Compliance. Signed By: �' L ��G'�'�-' o� � � ._ Date: �� -- � � •-- �i �/ � ._ 7 Exhibit C Parking Restrictions During the Co-Sponsor Groups season, the Group will assign as many members of their organization as necessary to manage and p,ontrol parking, and to keep fire lanes and access for emergency vehicles clear. The Co-Sponsor Groups will ensure that all vehicles only park in designated legal parking lots or stalls. Parking or driving on fields, medians, sidewalks, bike lanes, paths, or other unauthorized areas inside the park are strictly prohibited. The Co-Sponsor Groups will control the parking at the facilities they occupy to conduct their programs. For example: (a) Countryside Sports Complex: Pa�king is not permitted along the right-of-way on McMullen Booth Road. Additionally, vehicles may not park in the swale between the sidewalk and the right-of-way. Groups using this venue will help promote good neighbor cooperation with Chi Chi's Golf Course by ensuring that Chi Chi's parking is not encroached upon. (b) David Martin Fields at Gen Oaks Park: Parking is not permitted along South Hillcrest Ave., South Turner St., or South Evergreen Ave. (c) ECM 8 and 9 Fields: Parking is not permitted in the Eisenhower School parking lot during school hours. (d) Frank Tack Fields: Parking is not permitted in the grass along Montclair Rd. (e) Joe DiMaggio Baseball Fields: The groups will ensure that vehicle traffic associated with their activities will not drive on the maintenance%mergency access road befinreen the turf multi-purpose fields. Additionally, no vehicles are permitted to park next to the basebi I! fields. (fl Sid Lickton Park: Parking is not permitted along the roadside of Saturn Ave. (g) Vehicles/trailers are not permitted inside any of the facilities nor on any turF surFace without prior written approval from the Athletics Office. Failure of the Co-Sponsor Group to control the parking at any of these facilities during their activities could result in the Athletics Uffice assigning the number of games, game start times, and the number of fields that can be in use at each facility to ensure compliance with the parking restrictions at each site. Non-compliance with the assigned game schedule will result in the loss of priv�ileges at that facility. Signed By: /'��� �'/� .��� Date: l 2 — O�— �� l z-- 0 Exhibit D Co-Sponsor Group's Responsibilities The Co-Sponsor Group agrees that during the term of this Agreement, the Group will at no cost or expense to the City, provide the f�iiowing maintenance and/or repair: (a)Stripe each turf field as needed. (b)Pick up all paper, cigarette remnants and debris and place in trash receptacles, including the breakdown of all boxes. (c)The Group will enforce the City's No Smoking Ordinance and No Pet's Ordinance (d)The Association, any league, team, group, or person, using a City park under this section and failing to leave it clean of litter to the satisfaction of the City, will reimburse the City for city worker time used to clean the facility. (e)Provide for any special needs or services such as security or traffic control devices or officers needed as a result of Association's use of the Facility. (flLight cleaning of the restroom facilities on a daily basis when in use. (g)The Group shall not store any items outside the storage room nor dispense of any trash outside the facility area other than in containers provided by the City. (h)The Group will issue to the City two keys to any Group initiated lock used at any City facility as well as anytime the locks are changed. The Group shall receive an invoice from the City, as applicable, if the group does not follow through with these responsibilities. Failure to make such a payment will be grounds to bar the Group from use of the fac�lity until the fee is paid or acceptable remedial action is taken. Signed By: � � /� � o� ._ ., Date: /' � -- � -� �-- � � � 2-- ._ 0 EXHIBIT E-CAT Clearwater Aquatic Team Attachment 11. Clearwater Aquatic Team will submit the following: a) Rosters b) c) (1) CAT will submit quarterly rosters: (i) First quarter roster due: 4/1/13 Card Good Through: 3/30/13 (ii) Second quarter roster due: 7/1/13 Card Good Through: 6/30/13 (iii)Third quarter roster due: 10/1/13 Card Good Through: 9/30/13 (iv)Fourth quarter roster due: _1/1/14 Card Good Through: 12/31/13 Roster Payment (1) CAT roster payments: (i) CAT roster payment due: July 16, 2013 An accurate facility and/or field schedule, depicting actual use i.e. games, practices, meets, tournaments, events. The following dates apply: (1) Swim meet schedule due: Fek�suary 28, 2013 (2) School season training schedule due: August 1, 2013 (3) Out of school season training schedule due: May 1, 2013 • The City has the right to restrict or refuse programs or activities that are deemed to interFere or compete with the Co-Sponsor program. • CAT must monitor parking at all swim meets. If there is more than one activity at the facility, this responsibility will be shared. There will be no parking on the turf field. • CAT will have access to and use of the concession area at no charge. • CAT will have access to and of use of #he sundeck and front courtyard at no charge. These areas will be used to promote retail items for fundraising. The set up of these areas must be approved by the Long Center Supervisor, with at least two weeks' notice. • CAT will have access to and use of one classroom for a hospitality suite during swim meets at no charge. Additional rooms, �f available, must be schedule through the Long Center Supervisor. • The City will make available one gym ta CAT for swim meets at no charge. Additional gyms must be scheduled through the Long Center Supervisor. • CAT swimmers are excluded from the per swimmer facility charge a City of Clearwater Co-Sponsored group. • CAT will fill out a Tournament Reservation Request and Fee form to apply for all swim meets. This document will outline the costs associated with the meet. • The City will provide a tentative invoice one week prior to the swim meet. �I�7 The City will coordinate use of the Fitness Room for CAT participants. The Long Center Supervisor will review for approval the use of the Fitness Room, the hours will be restricted to the times the facility is closed to the public. The City of Clearwater age restriction policy must be enforced at all times. Proper attire must be worn including shoes (participants and ccaches). • The City will make storage space available to CAT. CAT may have to purchase specific containers for their equipment. • CAT must receive prior approval for dry land training. Use of the Long Center field or gym must be requested in writing. Proper attire must be worn in the gym to include tennis shoes (participants and coaches). • The City will supply a list of blackout dates; schedules may need to be adjusted accordingly. • The City will schedule all Winter trainings. Any visiting teams initiating contact with CAT will be directed to contact the Long Center to arrange scheduling. • The City will direct swimmers (Level 4+) requesting lessons at the Long Center to CAT. • -• : � r � i � Date: �—� ---o �' �-- �'�c`�� � -_ 11