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FACILITY USE AGREEMENT (2)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 4746, Clearwater; FL 33758-4748, ("City"); and Clearwater Horseshoe Club, whose address is: 1236 S. Martin Luther King, Jr. Avenue, Clearwater, FL 33765 ("Club"). WHEREAS, it has been determined to be highly desirable and socially responsible to provide recreational activities and facilities to meet the needs of adults; and WHEREAS, the City desires to provide recreational 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 Horseshoe Complex and in specific the horseshoe pits and clubhouse ("Center"), located at Ed Wright Park, 1236 S. Martin Luther King, Jr Avenue, 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 es follows: 1. Term: The term of this agreement shall be for period of one (1) year commencing on the lsr day of JUNE , 2024 ("Effective Date") and continuing through the 3161 day of MAY, 2025 ("Termination Date") unless earlier terminated under the terms of this agreement. 'Since. January 1, 2024, the Parties have been operating on a month-to- month basisin accordance with the terms and conditions of the previous Facility Use Agreement (Term: January 1, 2022 thru December 31, 2023). The Parties hereby accept, acknowledge,and agree to be bound by the terms and conditions of that previous Facility Use Agreement until this Agreement is dually executed by the Parties. 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 are set forth herein. ARTICLE II. RESPONSIBILITIES 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 horseshoe 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: i. Open horseshoe sessions. ii. Provide lessons and training for new horseshoe participants. iii. Conduct tournaments. iv. Provide social activities. 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 ofcenter 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 volunteersto operate and. provide programs at the Center. d. Hours of Operation: The Club will provide programs and activities at the Center on a weekly basis (Monday -Friday) and establish regular operation hours for a minimum of 20 hours per week, in season. Seasonal dates are defined as the months of October to June 2. Area to be Served: Services rendered through this agreement shall be related to horseshoe activities, or other City approved similar 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 Horseshoe 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 governing the use of the Center established by the Club, providing they are not in conflict or inconsistent with ordinances, policies, or operating rules of the City or of this agreement. Such rules and regulations developed 2 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 Club at least 24 hours prior to any inspections but may enter the center at anytime in its sale discretion. d. General Adherence to City Ordinances: Notwithstanding any limitations implied by the provisions above, the Club promises to observe all City ordinances and other applicable laws. e. Signage: The Club may place an identification sign on the Center or in the parking lot according to City codes with approval from the City at the Club's expense. All signage must follow the City sign code and shall be approved by the City prior to being placed. 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. g. 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. h. Concessions: The Club is not permitted to operate a concession stand when an outstanding City agreement is in place. The Club will not engage in private third -party operations of the concession stand. In the absence of an outstanding. City agreement, the Club is permitted to operate a concession stand within the amenity parameters of the facility. The Club will also be responsible to maintain the concession stands to the standards established by the State of Florida Department of Health and the City of Clearwater. Any Club that operates a concession stand will be required to have their concession manager become a Certified Professional Food Manager; As regulated by the. Florida Department of Health, food service operations must provide annual training for employees or volunteers. It is the responsibility of the certified manager or person in charge to train or ensure the training of all employees or volunteers under their supervision and control who engages in the storage, preparation, or serving of food, or cleaning of equipment, utensils, or food contact and non-food contact surfaces, and to do so in accordance with acceptable sanitary practices. The trainings must be annual and provided to employees by March 31 of each year. Employees or volunteers hired after the annual training has been provided for that calendar year must receive training within 30 days of being hired. The certified manager or person incharge must also maintain a copy of the establishment's most recent regular food 3 service inspection form provided by the department. Employees or volunteers shall present this inspection form to guests or patrons for their review upon request. Any use of food trucks must be approved by the City of Clearwater and follow all City policies andprocedures regarding food trucksoperating on City property. 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. Any damage occurring as a result of normal wear and tear, vandalism, or storms is to be reported to the city liaison as soon as possible. c. Site Visits: Monthly site visits will be performed by a representative of the Athletics Division. 5. Payment for all Operating Expenses: The Club is responsible to pay all operating expenses associated with the Center, to include utilities, as well as any of its programs, except those specifically identified under Article ill, Section 2. 6. Scheduled Reports of Club Activities: a. The. Club shall furnish 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 and programs offered, and costs of such services. See Exhibit A. b. The Club agrees to submit progress reports and other information in such format as may be prescribed by the City, and to cooperate in 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. 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, 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 representative and shall produce such records as required by law. 4 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 according to the State of Florida General Records Schedule. 8. Management Letter: Within ninety (90) days of the close of its fiscal year, the Club agrees to submit to the City a management letter detailing the officers of the Club, by- laws, andlor rules of the Club and identify fees and donations, and expenditures by the Club. See Exhibit B. 9. Non-discrimination: Not withstanding 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. Any Club promotional materials utilizing the City logo or documenting support must be approved by the City before distribution. 11.Liability and Indemnification: The Clubshall act as an independent contractor and agrees to assumeall 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 employee. This includes, but is not limited: to, matter arising out of a claim to have been caused by or in any manner related to the Club's activities or those of any approved or unapproved invitee, contractor, sub -contractor, 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 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. 5 12. Insurance Requirements: The Club further. agrees to carry at its own cost and expense, acquire and maintain during the term with the City, sufficient insurance to adequately protect the respective interest of the parities. 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 the Agreement. These insurance requirements shall not limit the liability of the Club. The City does not represent that these types or amounts of insurance to be sufficient or adequate to protect the Club'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 $1,000,00.0 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 Club, 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 Club 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 Club. The City is not liable and shall be indemnified against any claims arising from any claims made against the recommended coverages provided below. 1. Property Insurance. Crime: and Employee. Dishonest Coverage. iii. Sexual Abuse &Molestation Coverage. iv. Workers Compensation Coverage. v. Employers Liability insurance. 13.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. 14.OTHER INSURANCE PROVISIONS: The General Liability and Automobile Liability policies are to contain, or be endorsed to contain, the following provisions: a. PRIMARY INSURANCE COVERAGE: For any claims related to this Agreement, the Club'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 Club's insurance and shall not contribute to it. b. RIGHT OF RECOVERY: Except for Workers' Compensation, the Club waives its right of recovery against the City, to the extent permitted by its insurance policies. 15.CERTIFICATE OF INSURANCE/CERTIFIED COPIES OF POLICIES: The Club will provide the City with a Certificate or Certificates of Insurance showing the existence of 6 coverage as required by the Agreement. In addition, the Club will provide to the City, if asked in .writing, certified copies of all policies of insurance. The Club will maintain the required coverage with a current Certificate(s) of Insurance throughout the term of the 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 Attention: Risk Manager 100 S. Myrtle Ave. Clearwater, FL 33756 ARTICLE 111. RESPONSIBILITIES OF THE CITY 1. Grant of Funds: a. The City will not be providing any monetary funding as part of this Agreement except those specifically identified under Section 2 below. 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. b. The City agrees to pay for the cost of stormwater fees where applicable. c. The City will provide for operating funds in the amount of $2,500 to cover equipment and court maintenance. d: The City will provide replacement for all major capital components as determined by the City. e. 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. f. The City will not provide any other additional in-kind services, supplies, labor, or equipment whether on loan to or for consumption by the Club. 7 3. City Liaison: A dedicated staff member from the Athletics Office 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 duly executed by both parties. No representations or warranties by either party shall be binding unless expressedherein 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 itssole discretion. Upon 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 withany other monies due inaccordancewith this Agreement. ARTICLE VI. NOTICE Any notice required or permitted to be given by the prevision of this agreement shall be conclusively deemed to hav ebeen 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 Mike Roza at 6008 Halifax Drive, New Port Richey, FL 34653. 8 ARTICLE VII. EFFECTIVE DATE The effective date of this agreement shah be as of the 1st day of JUNE 2024. [N WITNE§§ WHEREOF, the parties hereto have set. their hands and seals this o2oi1Lct day of Glii . 202€.. Countersigned: 5 Bruce Rector Mayor. Approved as to form: el.issa Isabel. Assistant City Attorney CITY OF CLEARWATER, FLORIDA By: Attest: City Manager ;Or:RosernarieZ`all City Clerk Club: C L 6Mi 2 e2 By: Printed Name: 14 ' Chief Executive Officer/President of Club 9 Fiscal Year Dates:. Exhibit A — Club Annual Report of Activities Report Due 60 Days After f=iscal Year End:. • Number of Clients Served:. • Types of Activities/Programs Offered Cost of Service o $ o $ o $ o $ o. $ Examples include but are not limited to: • Lessons offered/scheduled • Open House dates/hours • Open Play dates/hours • General/Typical Hours of Operation • Seasonal Club Hours • Major Tournaments Schedule • Number of Members 10 Fiscal Year Dates: Exhibit B — Club Management Letter Report Due 90 Days After Fiscal Year End: • Officersof 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 • Revenue and Expense report. Below is an example: REVENUE EXPENSES Amount Item Amount Item Concessions AdvertisinglMarketing 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 11