SENIOR ADULT PARTNERSHIP AGREEMENTSENIOR ADULT PARTNERSHIP AGREEMENT
This Partnership Agreement is made and entered into between the City of Clearwater,
whose address is Post Office Box 4748, Clearwater, FL 33758-4748, (hereinafter referred to as
the "City"); and 3 Score Softball Club c/o Sid Heuton, whose address is 2716 Hamble Village
Lane, Palm Harbor, FL 34684, (hereinafter referred to as the "Agency").
WHEREAS, it has been determined to be highly desirable and socially responsible by
providing recreational activities and facilities to meet the needs of senior adult; and
WHEREAS, the City desires to provide recreation programs and activities as a means to
help senior adults; and
WHEREAS, the City has recognized the need for adult programs as supported by the
Parks and Recreation Master Plan; and
WHEREAS, the Agency has proposed to provide senior adult recreation for local
residents as described herein; and
WHEREAS, the City owns the Eddie C. Moore Softball Complex, located at 3050 Drew
Street, Clearwater, FL and the Sid Lickton Complex, located at 714 Saturn Avenue, Clearwater,
FL (collectively hereinafter referred to as the "Facilities")
WHEREAS, Agency wishes to utilize the Facilities, as provided for herein, and desires to
continue its partnership with the City in providing adult programs.
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 date when dually executed by both Parties, unless otherwise
terminated as provided herein.
2. Options to Renew: This Agreement may be extended by mutual written agreement
for five (5) additional periods of one (1) year, on the same terms and conditions as
set forth herein.
ARTICLE II — RESPONSIBILITIES OF THE AGENCY
1. Services to be Provided: Agency shall provide programs to meet the recreational needs
of senior adults.
a. Programs: The Agency will provide the supervision, funding, and programming
at the Facilities. Programs will include:
i. Slow Pitch Softball: men and women 60+ age group
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b. Assistance to the City: Agency will provide personnel and volunteers to service
and oversee the Programs at the Facilities.
2. Area to be Served: Services rendered through this Agreement shall be related to adult
senior softball activities, or other City approved similar activities, and provided primarily
for the enjoyment of Clearwater residents but will include residents of other areas in
order to make the offerings of said program viable and successful.
3. Use of Facilities (Eddie C. Moore Softball Complex and Sid Lickton Complex)
a. Permitted Use: Agency is authorized to use the Facilities for the purposes of
providing the services and programs as stated in this Agreement.
b. No Illegal Use: The Agency shall not cause or allow any unlawful, improper, or
offensive use of the Facilities. Further, the Agency 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
Facilities and those adjacent areas used by the Agency.
c. Rules for Use: Agency must follow all City policies, rules, and regulations
governing the use of the Facilities. Agency may establish its own rules for use,
provided they are not in conflict or inconsistent with City rules for use or this
Agreement. Such rules for use developed by the Agency may provide for and
allow reasonable user fees to be retained by the Agency.
d. General Adherence to City Ordinances: The Agency promises to observe all
City ordinances and other applicable law.
e. Structure: No permanent alterations or improvements to the Facilities may be
made without the written consent of the City. Any permanent structural additions
approved by the City will become City property.
f. Special Conditions: See Exhibit C.
g.
Policies for use of Facilities: See Exhibit C.
4. Payment for all Operating Expenses: The Agency is responsible to pay all operating
expenses associated with its Programs.
5. Payment of Fees and Taxes: If applicable, the Agency shall obtain all required licenses
at its own expense and shall pay all required taxes necessary to the Agency's operation at
the Facilities.
6. Payment of Resident and Non -Resident Fees: The Agency shall require all participants
of their organization to obtain a resident or non-resident recreation card. In order to
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obtain a recreation card, participants will either be required to pay the recreation card fee
or serve as a volunteer for up to 20 hours per participant, as requested by City Staff. The
Agency will be required to provide proof of recreation card or service hours upon
request.
7. Scheduled Reports of Agency Activities:
a. The Agency shall furnish the 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 Agency's fiscal year. Each report is to identify the
number of clients served, types of activities and programs offered, and costs of
such services. See Exhibit A.
b. The Agency agrees to submit progress reports and other information in such
format as may be requested by the City, and to cooperate in such site visits and
other on-site monitoring including, but not limited to, access to sites, staff, fiscal
and client records, and logs and the provision of related information.
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 of its fiscal year, the Agency
agrees to submit to the City a management letter detailing the officers of the Agency, by-
laws and rules of the Agency, and identify fees, donations and expenditures by the
Agency. See Exhibit B.
9. Non-discrimination:
a. The City of Clearwater complies with the Americans with Disabilities Act
("ADA"), which prohibits discrimination on the basis of disability. The ADA, as
applied to cities, counties, and other local governmental entities, requires that no
qualified individual with a disability shall, on the basis of a disability, be denied
the benefits of local government services, programs, or activities. The Agency
acknowledges the importance of complying with the ADA and agrees to educate
itself and its members of all requirements of the ADA and will abide by same.
b. The Agency shall not discriminate on the basis of race, creed, color, age, national
origin, religion, sex, disability or any other protected class in accordance with
current state or federal laws. The City reserves the right to terminate this
Agreement immediately upon breach of this covenant.
c. Inclusion in Subcontracts: The Agency 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.
d. Breach of Non-discrimination Covenants: The City reserves the right to
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terminate this Agreement immediately upon breach of the above non-
discrimination covenants.
10. Publicizing of City Support: Agency agrees to utilize every reasonable opportunity to
publicize the support received from the City. Any Agency promotional materials must
be approved by the City before distribution.
11. Liability and Indemnification: The Agency 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 sole negligence of the City or City's agents or employees.
This indemnification includes, but is not limited to, matters arising out of, 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, sub contractor, or other person approved,
authorized, or permitted by the Agency in or about the Facilities whether or not based on
negligence. Nothing herein shall be construed as consent by the City to be sued by third
parties, or as a waiver or modification of the provisions of Section 768.28, Florida
Statues or the Doctrine of Sovereign Immunity.
This section shall survive the expiration of the term or termination of this Agreement.
12. Insurance: The Agency further agrees to carry at its own cost and expense, acquire and
maintain during the term with the City, insurance to protect the respective interest of the
Parties. Specifically, the Agency 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 the Agreement.
These insurance requirements shall not limit the liability of the Agency. The City does
not represent that these types or amounts of insurance to be sufficient or adequate to
protect the Agency's interests or liabilities, but are merely minimums:
a. Comprehensive General Liability insurance on an "occurrence" basis including
but not limited to bodily injury, personal injury, and property damage with limits
not less than $1,000,000 per occurrence, $2,000,000 aggregate.
b. Automobile Liability insurance for any motor vehicle owned by, hired by, used
by, or used on behalf of the Agency, providing Bodily Injury Liability and
Property Damage Liability covering any injury or damage with limits no less than
$1,000,000 per occurrence, $2,000,000 aggregate. If the Agency does not own
any motor vehicles or use City Property as the origin for group travel this
insurance is not required.
c. The City recommends but does not require the following coverages to protect the
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Agency. The City is not liable and shall be indemnified against any claims
arising from any claims made against the recommended coverages provided
below.
i. Property Insurance
ii. Crime and Employee Dishonest Coverage
iii. Sexual Abuse & Molestation Coverage
iv. Workers Compensation Coverage
v. Employers Liability Insurance
d. ADDITIONAL INSURED: The City is to be specifically included as an
additional insured on all liability coverage described above except for the
Workers' Compensation coverage.
e. OTHER INSURANCE PROVISIONS: The General Liability and Automobile
Liability policies are to contain, or be endorsed to contain, the following
provisions:
PRIMARY INSURANCE COVERAGE: For any claims related to this
Agreement, the Agency's insurance coverage shall be primary insurance
as respects the City, its officers, officials, employees, and volunteers. Any
insurance or self-insurance maintained by the City, its officers, officials,
employees, or volunteers shall be excess of the Agency's insurance and
shall not contribute to it.
ii. RIGHT OF RECOVERY: Except for Workers' Compensation, the
Agency waives its right of recovery against the City, to the extent
permitted by its insurance policies.
f. CERTIFICATE OF INSURANCE/CERTIFIED COPIES OF POLICIES:
The Agency will provide the City with a Certificate or Certificates of Insurance
showing the existence of coverage as required by this Agreement. In addition, the
Agency will provide to the City, if asked in writing, certified copies of all policies
of insurance. The Agency will maintain the required coverage with a current
Certificate or Certificates of Insurance throughout the term of this Agreement
with the City. New certificates and new certified copies of policies shall be
provided to the City whenever any policy is renewed, revised, or obtained from
other insurers. The address where such certificates and certified policies shall be
sent or delivered is as follows:
City of Clearwater
Attention: Athletics Office
1160 Seminole Street
Clearwater, FL 33755
And
City of Clearwater
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Attention: Risk Manager
100 S. Myrtle Ave.
Clearwater, FL 33756
ARTICLE III — RESPONSIBILITIES OF THE CITY
1. Grant of In -Kind Services:
a. The City agrees to provide ballfield, lawn, and landscape maintenance services
for all areas in the park and around the Facilities, as applicable and as annual
budgets allow.
b. The City will fund the cost of all utilities including water, sewer, sanitation, storm
water, gas, recycling as well as electrical costs.
c. City Liaison: A dedicated staff member from the Athletics Office will serve as
the City Liaison for the Agency.
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 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 by the Agency to adhere to any of the provisions of
this Agreement, as determined by the City in its sole discretion. Upon such termination,
the Agency 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 Facilities are required for any other municipal purposes by giving
thirty (30) 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
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(5th) business day after the day on which such notice is mailed and properly addressed.
City:
Attn: Parks and Recreation Director
City of Clearwater
P.O. Box 4748
Clearwater, FL 33758
Agency: 3 Score Softball Club
c/o Sid Heuton
2716 Hamble Village Lane
Palm Harbor, FL 34684
ARTICLE VII — MISCELLANEOUS
1. 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.
2. This Agreement shall be deemed to be a use agreement in the nature of a revocable, non-
exclusive license and shall not be deemed to be a lease or conveyance of any real
property rights nor shall this Agreement constitute an agreement for the use of real
property that would subject the parties to the provisions of any statute regarding landlord
and tenant rights. This Agreement shall not establish a landlord -tenant relationship
between the parties. This Agreement shall not constitute a partnership, joint venture or
create an agency relationship between the parties.
3. Agency agrees and shall not obtain any prescriptive rights, easements, or other legal or
equitable interest in the Facilities or any premises of the City by reason of the execution
of this Agreement, or by compliance with the terms thereof. Ownership of the Facilities
shall at all times remain with the City of Clearwater, and the Agency shall not do
anything inconsistent with such ownership, except as may be permitted by this
Agreement.
4. The granting of this license does not vest in the Agency any interest in the Facilities or any
premises of the City which may be mortgaged, encumbered or liened, and no action of the
Agency shall cause or create any interests in real estate or any encumbrance upon any such
real property.
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IN»VITNESSETH WHEREOF, the parties hereto have set their hands and seal the AU day
of J'I76LI , 2020.
WITNESS
Ci?
Signature
Gat 501,46e.sei.Cr
Printed Name
Countersigned:
ce rVtf\Cr C to*
George Cretekos
Mayor
Approved as to form:
Owen Kohler
Assistant City Attorney
3 Score Softball Club
Printed Name
CITY OF CLEARWATER, FLORIDA
IJ 1..0.3. J4444istt
William B. Horne, II
City Manager
Attest:
Rosemarie Call
City Clerk
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Fiscal Year Dates:
Exhibit A
Annual Report of Activities
Report Due 90 Days After Fiscal Year End:
Number of Clients Served:
Types of Activities/Programs Offered
Cost of Service
$
$
$
$
$
Number of volunteer hours worked by 3 Score to the City of Clearwater
Fiscal Year Dates:
Exhibit B
Management Letter
Report Due 90 Days After Fiscal Year End:
Officers of the Organization
President:
Phone Number:
E -Mail:
Vice President:
Phone Number:
E -Mail:
Secretary:
Phone Number:
E -Mail:
Treasurer:
Phone Number:
E -Mail:
By Laws and/or Rules of the Organization
Please attach a separate document to this sheet
Fees, donations, and expenditures by the Agency.
REVENUE
EXPENSES
Amount
Item
Amount
Item
Concessions
Advertising/Marketing
Donations
Awards
Fundraisers
Concessions
Miscellaneous
Insurance
Registration/Membership/Dues
Maintenance
Sponsorships
Miscellaneous
Tournaments
Office Supplies
Referees/Officials
Sanctioning Fees
Utilities
Total Revenue
Total Expenses
Total Profit/Loss
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Exhibit C
Special Conditions
An accurate facility and/or field schedule, depicting actual use (i.e. games, practices, meets,
tournaments, and events) is required. Blanket schedules will not be accepted as final schedules.
Field allocation will be based on availability. The following dates apply:
Season: October to January
Schedule due: September 1
Season: February to April
Schedule due: November 1
Season: May to September
Schedule due: April 1
Policies for use of Facilities (Eddie C. Moore Softball Complex and Sid Lickton Complex):
• Agency should not enter the complex until 8 a.m. except for President/Designee to
participate in the field walkthrough with City staff.
• On field activities may begin at 8:30 a.m. and end by noon. If later times are needed, this
must be pre -arranged with the Athletics Office.
• Athletics Office should be notified of any issues or problems as soon as possible.
• Agency will be responsible to notify their members of cancellations.
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