SHUFFLEBOARD FACILITY USE AGREEMENTSHUFFLEBOARD FACILITY USE AGREEMENT
This Partnership and Operational Support Agreement is made and entered into between
the City of Clearwater, whose address is: Attn: Parks and Recreation Director, Post
Office Box 4748, Clearwater, FL 33758 -4748, ( "City "), and Clearwater Shuffleboard
Club, Inc., whose address is: 1020 Calumet Street, Clearwater, FL 33755 ( "Club ").
WHEREAS, it has been determined to be highly desirable and socially responsible to
provide activities and facilities to meet the needs of adults; and
WHEREAS, the City desires to provide programs and activities as a means to help
adults; and
WHEREAS, the City has recognized the need for adult programs as supported by the
Parks and Recreation Master Plan; and
WHEREAS, the Club has proposed to provide adult recreational experiences for local
residents as described herein; and
WHEREAS, the City owns the Shuffleboard Complex and in specific the shuffleboard
courts and clubhouse ( "Center"), located at 1020 Calumet, Clearwater, and
WHEREAS, the Club desires to continue its partnership with the City in providing adult
programs by running the day to day operations and offering programs at the Center;
and
NOW, THEREFORE, the parties agree as follows:
ARTICLE I. TERM
1. Term: The term of this agreement shall be for a period of one (1) year commencing
on the 1st day of October, 2015 and continuing through the 30th day of September,
2016 ( "Termination Date ") unless earlier terminated under the terms of this agreement.
2. Options to Renew: This agreement may be extended by mutual written agreement
of the parties for five (5) additional periods of one (1) year, on the same terms and
conditions as are set forth herein.
ARTICLE II. RESPONSIBLITIES OF THE CLUB
1. Services to be Provided: One of the Club's goals shall be to provide programs to
meet the recreational needs of the shuffleboard community.
a) Programs: The Club will provide for the supervision, maintenance and
programming of the facility described in this agreement. Some of the
programs to be provided are as follows:
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i) Open shuffleboard sessions
ii) Provide lessons and training for new shuffleboard players
iii) Conduct toumaments
iv) Provide social activities for participants
b) Assistance to the Community: The Club will maintain communication
and interaction with the surrounding community through such avenues as:
i) Facilitation and support of community meetings and activities
ii) Facilitation and support for use of center as a voting site, if needed
The Club may collect reasonable fees to cover any direct expenses
associated with accommodating these requests.
c) Assistance to the City: Provide Club personnel and volunteers to
operate and provide programs at the Center.
d) Hours of Operation: The Club will provide programs and activities at the
Center on a daily basis (Monday - Friday) and establish regular operating
hours for a minimum of 20 hours per week, in season.
2. Area to be Served: Services rendered through this agreement shall be related to
Shuffleboard activities and provided primarily for the enjoyment of residents of
Clearwater but will include residents of other areas in order to make the offerings of said
program viable and successful.
3. Use of Shuffleboard Facility.
a) No Illegal 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 anywhere in, on or around the Center and those
adjacent areas used by the Club.
b) Rules for Use: Rules and regulations goveming 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 this Club may
provide for and allow reasonable user fees to be retained by the Club.
c) Inspection by City: The Club understands and agrees that the Center
premises may be entered and inspected at any time by the City's officers,
agents and employees. The City shall make its best effort to notify the
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Club at least 24 hours prior to any inspections but may enter the Center at
any time in its sole discretion.
d) General Adherence to City Ordinances: Notwithstanding any limitations
implied by the provisions above, the Club promises to observe all City
ordinances.
e) Signage: The Club may place an identification sign on the Center or in
the park according to City codes with approval from the City at the Club's
expense.
f) Structure: No permanent alterations or improvements to the interior or
exterior of the building may be made without the written consent of the
City. Any permanent structural additions approved by the City will become
City property.
9)
Assignment: This Agreement is not assignable. Any attempt to assign
the rights under this Agreement, or any portion thereof shall result in
automatic termination and render this Agreement null and void in all
respects.
4. Maintenance of the Premises by the Club.
a) Custodial Maintenance: The Club shall maintain the Center and
adjacent areas used by the Club in a clean and orderly condition.
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 as a result of their occupancy other than normal
wear and tear, vandalism or storms.
5. Payment for all operating expenses: The Club is responsible to pay all operating
expenses associated with the Center and its programs, except those specifically
identified under Article III, Section 2.
6. Scheduled Reports of Club Activities:
a) The Club shall fumish the City Parks and Recreation Department with an
annual report of activities conducted under the provisions of this
agreement within sixty (60) days of the end of the Club's fiscal year. Each
report is to identify the number of clients served, the type of activities,
programs offered and costs of such services.
b) The Club agrees to submit progress reports and other information in such
format and at such times as may be prescribed by the City, and to
cooperate in site visits and other on -site monitoring (including, but not
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limited to, access to sites, staff, fiscal and client records, and logs and the
provision of related information).
7. Creation, Use, and Maintenance of Financial Records:
a) Creation of Records: The Club shall create and maintain financial and
accounting records, books, documents, policies, practices, procedures
and any information necessary to reflect fully the financial activities of the
Club. Such records shall be available and accessible at all times for
inspection, review, or audit by authorized City representatives and shall
produce such records as required by law.
b) Use of Records: The Club shall produce such reports and analyses that
may be required by the City to document the proper and prudent
stewardship and use of the facilities.
c) Maintenance of Records: All records created hereby are to be retained
and maintained for a period of not less than five (5) years.
8. Management Letter: Within ninety (90) days of the close if its fiscal year, the Club
agrees to submit to the City a management letter detailing the officers of the Club, by-
laws and /or rules of the Club and identify fees and donations, and expenditures by the
Club.
9. Non - discrimination: Notwithstanding any other provisions 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) Non - discrimination: The Club agrees that no person shall, on the
grounds of race, sex, handicap, national origin, religion, marital status or
political belief, be excluded from participation in, denied the benefit(s) of,
or be otherwise discriminated against as an employee, volunteer, or client
of the provider. The Club agrees to maintain reasonable accommodation
and access for handicapped persons as required by law.
b) Inclusion in Sub - Contracts: The Club agrees to include the
requirements to adhere to Title VI and Title VII of the Civil Rights Act of
1964 in all approved sub - contracts.
c) Breach of Non - discrimination 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 immediately.
10. Publicizing of City Support: The Club agrees to utilize every reasonable
opportunity to publicize the support received from the City. The Club further agrees to
supply the City up to three (3) copies of any publication developed in connection with
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implementation of programs by this agreement. Such publications will state that the
program is supported by the City.
11. 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 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 Club's activities or those of any
approved or unapproved invitee, contractor, subcontractor, or other person approved,
authorized, or permitted by the Club in or about the premises whether or not based on
negligence. Nothing herein shall be construed as a consent by the City to be sued by
third parties, or as a waiver or modification of the provisions of Section 768.28, Florida
Statutes or the Doctrine of Sovereign Immunity.
12. Insurance Requirements: The Club shall, at its own cost and expense, acquire
and maintain (and cause any subcontractors, representatives or agents to acquire and
maintain) during the term with the City, sufficient insurance to adequately protect the
respective interest of the parties. Coverage shall be obtained with a carrier having an
AM Best Rating of A -VII or better. In addition, the City has the right to review the Club's
deductible or self - insured retention and to require that it be reduced or eliminated.
Specifically the Club must carry the following minimum types and amounts of insurance
on an occurrence basis or in the case of coverage that cannot be obtained on an
occurrence basis, then coverage can be obtained on a claims -made basis with a
minimum three (3) year tail following the termination or expiration of this Agreement:
a) Commercial General Liability Insurance coverage, including but not
limited to, premises operations, products /completed operations, products
liability, contractual liability, advertising injury, personal injury, death, and
property damage in the minimum amount of $1,000,000 (one million
dollars) per occurrence and $2,000,000 (two million dollars) general
aggregate.
b) Commercial Automobile Liability Insurance coverage for any owned,
non - owned, hired or borrowed automobile is required in the minimum
amount of $1,000,000 (one million dollars) combined single limit.
c) Unless waived by the State of Florida, statutory Workers' Compensation
Insurance coverage in accordance with the laws of the State of Florida,
and Employer's Liability Insurance in the minimum amount of $100,000
(one hundred thousand dollars) each employee each accident, $100,000
(one hundred thousand dollars) each employee by disease and $500,000
(five hundred thousand dollars) aggregate by disease with benefits
afforded under the laws of the State of Florida. Coverage should include
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Voluntary Compensation, Jones Act, and U.S. Longshoremen's and
Harbor Worker's Act coverage where applicable. Coverage must be
applicable to employees, contractors, subcontractors, and volunteers, if
any.
d) Professional Liability Insurance coverage appropriate for the type of
business engaged in by the Club with minimum limits of $1,000,000 (one
million dollars) per occurrence. If a claims made form of coverage is
provided, the retroactive date of coverage shall be no later than the
inception date of claims made coverage, unless prior policy was extended
indefinitely to cover prior acts. Coverage shall be extended beyond the
policy year either by a supplemental extended reporting period (ERP) of
as great a duration as available, and with no less coverage and with
reinstated aggregate limits, or by requiring that any new policy provide a
retroactive date no later than the inception date of claims made coverage.
The above insurance limits may be achieved by a combination of primary
and umbrella /excess liability policies.
Other Insurance Provisions.
a) Prior to the execution of this Agreement, and then annually upon the
anniversary date(s) of the insurance policy's renewal date(s) for as long as
this Agreement remains in effect, the Club will furnish the City with a
Certificate of Insurance(s) (using appropriate ACORD certificate, SIGNED
by the Issuer, and with applicable endorsements) evidencing all of the
coverage set forth above and naming the City as an "Additional Insured"
on the Commercial General Liability Insurance policy. In addition when
requested in writing from the City, Club will provide the City with certified
copies of all applicable policies. The address where such certificates and
certified policies shall be sent or delivered is as follows:
City of Clearwater
Attn: 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.
b) Club shall provide thirty (30) days written notice of any cancellation, non -
renewal, termination, material change or reduction in coverage.
c) Club's insurance as outlined above shall be primary and non - contributory
coverage for Club's negligence.
d) Club reserves the right to appoint legal counsel to provide for the Club's
defense, for any and all claims that may arise related to Agreement, work
performed under this Agreement, or to Club's design, equipment, or
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service. Club agrees that the City shall not be liable to reimburse Club for
any legal fees, costs, or expenses as a result of Club providing its defense
as contemplated herein.
e) Personal Property - The City shall not insure or self- insure loss to
personal property of Club. Club understands that it is solely responsible
for such losses regarding the cause.
The stipulated limits of coveraqe above shall not be construed as a limitation of
anv potential liability to the City. and failure to request evidence of this insurance
shall not be construed as a waiver of Club's oblivation to provide the insurance
coverage specified.
ARTICLE HI. RESPONSIBILITIES OF THE CITY
1. Grant of Funds:
a) The City will not be providing any monetary funding as part of this
Agreement.
2. Grant of In -Kind Services:
a) The City agrees to provide lawn and landscape maintenance services for
all areas in the park and around the Center as annual budgets allow.
b) The City will provide maintenance through its Building and Maintenance
Department for all major capital components of the building including, but
not limited to, air conditioners, roof, painting, plumbing, electrical. The
City shall have sole discretion in determining the scheduling and extent of
capital maintenance projects.
c) The City will allow the Club to use an agreed upon inventory of existing
furnishings, remaining on site i.e. chairs, tables, file cabinets, and desks.
The Club will be responsible for maintenance and replacement of items if
needed.
d) The City will not provide any other additional in -kind services, supplies,
labor or equipment whether on loan or for consumption to the Club.
3. City Liaison: The Recreation Programming Division of the City of Clearwater will
serve as the City Liaison for the Club.
ARTICLE IV. DISCLAIMER OF WARRANTIES
This agreement constitutes the entire agreement between the parties on the subject
hereof and may not be changed, modified, or discharged except by written amendment
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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 V. TERMINATION
1. With or Without Cause: Either Party may terminate this Agreement with thirty (30)
days written notice without any further obligation. The City may terminate this
Agreement immediately for failure to adhere to any of the provisions of this Agreement
as determined by the City in its sole discretion. Under such termination, the Club shall
remit to the City all monies due hereunder within fifteen (15) days.
2. For Municipal Purpose: The City may terminate this agreement in the event it
determines that the premises are required for any other municipal purposes by giving
ninety (90) days written notice of such intended use, following which this agreement
shall terminate in every respect, and both parties shall be relieved of any further
obligations hereunder, except resulting from the operation hereof, together with any
other monies due in accordance with this agreement.
ARTICLE VI. NOTICE
Any notice required or permitted to be given by the provision 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 City, addressed to Parks and Recreation Director, P.O. Box 4748, Clearwater,
FL 33758. With copy to: City Attorney, P.O. Box 4748, Clearwater, FL 33758.
2. If to Club, addressed to Geoffrey Bell, 18675 U.S. Highway 19 North, #161,
Clearwater, FL 33764.
ARTICLE VII. EFFECTIVE DATE
The effective date of this agreement shall be as of the 1st day of October, 2015.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals this (P
day of ( �,- , 2015.
Countersigned: CITY OF CLEARWATER, FLORIDA
g.e4 rlt flfr Ckt k-of
By: to
George N. Cretekos William B. Home, II
Mayor City Manager
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Continuation Signature Page for Shuffleboard Facility Use Agreement
Between City of Clearwater and Clearwater Shuffleboard Club, Inc.
Effective date October 1, 2015
Approved as to fo
Matt M Sm
Assistant City Attorney
Clearwater Shuffleboard Club, Inc.
By:
'ri ed :me: ,r; ,(rJ'!o /741
Chief Executive Officer /' resident of Club
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Attest:
Rosemarie CaII
City Clerk