SHUFFLEBOARD FACILITY USE AGREEMENT (2)SHUFFLEBOARD 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 providing adult recreational experiences for
local residents as described herein; and
WHEREAS, the City owns the Shuffleboard Complex and specifically the
shuffleboard courts, storage, restrooms and office unit, 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 facility;
and
NOW, THEREFORE, the parties agree as follows:
ARTICLE I. TERM/RENEWAL
1. Term: The term of this agreement shall be for a period of one year commencing on
the 1st day of June, 2026 and continuing through the 31st day of May, 2027
("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 additional periods of one year, on the same terms and conditions
as are set forth herein with the final termination date being the 31st day of May, 2032.
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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 shuffleboard community. L.
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 shuffleboard sessions.
ii. Provide lessons and training for new shuffleboard participants.
iii. Conduct tournaments.
The Club may collect reasonable fees to cover any direct expenses associated
with accommodating these requests.
b. Assistance to the City: Provide Club personnel and volunteers to operate and
provide programs at the facility.
c. Hours of Operation: The Club will provide programs and activities at the facility
and establish regular operating hours for a minimum of 20 hours per week, in
season. Seasonal dates are defined as the months of September to March.
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 governing the use of the facility 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 premises may be
entered and inspected at any time by the City's officers, agents and employees.
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The City shall make its best effort to notify the Club at least 24 hours prior to any
inspections but may enter the premises 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 and
other applicable laws.
e. Signage: The Club may place an identification sign at the facility 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 enclosed courts or portable units 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 shall be permitted to offer and operate concessions consisting of pre-
packaged items (i.e. bottled beverages, snack items). Any use of food trucks must
be approved by the City of Clearwater and follow all City policies and procedures
regarding food trucks operating on City property.
4. Maintenance of the Premises by the Club:
a. Custodial Maintenance: The Club shall maintain the facility and adjacent areas
used by the Club in a clean and orderly condition. This shall include the office,
storage and restroom units, the court areas and space contained within the fencing
of the facility.
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.
i. If at any time during the term of this lease, the structure or premises or any
part, system or component hereof (hereinafter, the "demised premises") shall
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be damaged or destroyed to the extent that the Club cannot operate the
business authorized to be conducted thereon, then and in that event, the Club
or City may terminate this lease as of the date of such damage or upon 30 days
written notice to the other party to this lease.
ii. In the event of damage or destruction as enumerated above, and except as
otherwise specifically provided under this agreement, both parties waive any
and all rights of recovery against the other party for any direct or indirect loss
occurring to the demised premises or as a result of damage or destruction of
the demised premises.
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 facility and its programs, except those specifically
identified under Article III, Section 2. Water and power conveyed to the facility within
the fenced area shall be Included in the operating expenses.
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
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 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.
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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 and/or rules of the Club and identify fees and donations, and expenditures by the
Club. See Exhibit B.
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. Any Club promotional
materials utilizing the City logo or documenting support must be approved by the City
before distribution.
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 rand against any and all claims of loss,
liability, and damages of whatever nature, to persons and property, including, without
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limiting the generality of the foregoing, death of any person and Toss 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: See ADDENDUM A
ARTICLE III. 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 outside of the facility fencing.
b. 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.
c. 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.
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 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:
1020 Calumet Street
Clearwater, FL 33755.
ARTICLE VII. EFFECTIVE DATE
The effective date of this agreement shall be as of the 1st day of June, 2026.
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!NWITNESS WHEREOF., the parties heretohave set their hands and seals this Jst
day of June , 2026.
CLEARWATER SHUFFLEBOARO CLUB
- „ r
By:.
Pritited Name: A/14.2/e.-•Pys-0/
Chief ExecutiVe Officer/President of Club
CountersignedCITY
,OF:C_EARvATER, FLORIDA
•
By:
Jenniferpoirrier.,,,
• • 1 . • '71•' '• • •: •
•:•••• , u
ADDENDUM A
CITY OF CLEARWATER
INSURANCE REQUIREMENTS
2026
The Vendor, Lessee, or Applicant referred to as "Contractor" 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 Contractor's deductible or self-insured retention and to require that it be reduced or
eliminated.
Specifically, the Contractor 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,
bodily injury, personal injury, death, property damage, advertising liability, premises
operations, products/completed operations, severability of interest, and contractual
liability 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 for in state travel is required in the minimum
amount of $1,000,000 (one million dollars) combined single limit. For motor carriers
traveling interstate the limits are $1.5 million for 15 passengers or Tess or $5 million
for 16 passengers or more.
c. Business Property coverage in amount equal to the value of business
assets/property maintained onsite.
WAIVER OF SUBROGATION — With regard to any policy of insurance that would pay
third party losses, Contractor hereby grants the City a waiver of any right to subrogation
which any insurer of the Contractor may acquire against the City by virtue of the payment
of any loss under such insurance for liability and workers compensation coverages.
Contractor agrees to obtain any endorsement that may be necessary to affect such
waiver, but this provision shall apply to such policies regardless of whether the city has
received a waiver of subrogation endorsement from each insurer.
The above insurance limits may be achieved by a combination of primary and
umbrella/excess liability policies.
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Other Insurance Provisions.
a. Prior to theexecution 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 Contractor 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 Citv as
an "Additional Insured" with respect to general and auto liability coverages.
b. In addition, when requested in writing from the City, Contractor 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: P&R Department
P.O. Box 4748
Clearwater, FL 33758-4748
c. Contractor shall provide thirty (30) days written notice of any cancellation, non-
renewal, termination, material change or reduction in coverage.
d. Contractor's insurance as outlined above shall be primary and non-contributory
coverage for Contractor's negligence.
e. Contractor reserves the ri• ht to a • • oint le • al counsel to • rovide for the Contractor's
defense for an and all claims that ma
arise related to A
reement
work
erformed
under this Agreement. or to Contractor's e uioment or service. Contractor a rees
that the Cit shall not be liable to reimburse Contractor for an le • al fees or costs as
a result of Contractor . rovidinits defense as contem
lated herein.
The stipulated limits of coverage above shall not be construed as a limitation of
any potential liability to the City, and failure to request evidence of this insurance
shall not be construed as a waiver of Contractor's obligation to provide the
insurance coverage specified.
INDEMNIFICATION/LIABILITY:
a. To the fullest extent permitted by law, Contractor agrees to defend, indemnify, and
hold the City, its officers, agents, and employees, harmless from and against any and
all liabilities, demands, claims, suits, losses, damages, causes of action, fines or
judgments, including costs, attorneys', witnesses', and expert witnesses' fees, and
expenses incident thereto, relating to, arising out of, or resulting from: (i) the services
provided by Contractor personnel under this Agreement; (ii) any negligent acts, errors,
mistakes or omissions by Contractor or Contractor personnel; and (iii) Contractor or
Contractor personnel's failure to comply with or fulfill the obligations established by
this Agreement.
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b. Contractor will update the City during the course of the litigation to timely notify the
City of any issues that may involve the independent negligence of the City that is not
covered by this indemnification.
c. The City assumes no liability for actions of Contractor and will not indemnify or hold
Contractor or any third party harmless for claims based on this Agreement or use of
Contractor -provided supplies or services.
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