MARTIN LUTHER KING CENTER BUILDING PROGRAMS
AGREEMENT
This Partnership, Operational Support and Funds 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 African American Leadership Council, Inc.,
whose address is: 1201 Douglas Avenue, Clearwater, FL 33755, ("Agency").
WHEREAS, it has been determined to be highly desirable and socially responsible to provide
activities to build and foster the confidence, educational, cultural and social skills and good
habits in young people, adults and families; and
WHEREAS, the City desires to provide programs and activities as a means to help young
people, adults and families; and
WHEREAS, the Agency has established programs that provide educational, motivational and
cultural activities for youth, adults and families in the North Greenwood area of the City of
Clearwater; and .
WHEREAS, the City owns the Martin Luther King Center Building, ("Center"), located at 1201
Douglas Avenue, Clearwater;
WHEREAS, the Agency desires to partner with the City in providing educational, motivational
and cultural 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. Initial Term: The term of this agreement shall be for a period of 30 months commencing on
the 1st day of October, 2004 ("Effective Date") and continuing through the 30th day of March,
2007 ("Termination Date") unless earlier terminated under the terms of this agreement.
2. Options to Renew: The Agency shall have the option of renewing this Agreement and of
extending the initial term for an additional period as allowed through successful negotiations
with the Pinellas County School Board to extend the Joint Use Agreement between the City and
School Board, on the same terms as are set forth in this Agreement.
ARTICLE II. RESPONSIBILITIES OF THE AGENCY
1. Services to be Provided: The Agency shall provide at a minimum the following
servIces:
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a) Programs: Conduct educational, cultural and motivational programs at the Center
for the benefit of neighborhood and Clearwater area youth, adults, and families.
Some ofthe core programs to be provided are as follows:
i) Parent support groups and skills training
ii) Family literacy services
iii) Job counseling and related economic development activities
iv) Child development activities
v) Linkages to the health care system and other community services
vi) Outreach (including home visits when appropriate)
vii) Childcare for parents who are attending classes or participating in
activities on site
b) Assistance to the Community: The Agency will maintain communication and
interaction with the surrounding community through such avenues as:
i) Facilitation and support of groups currently utilizing the facility for
community meetings and activities
ii) Facilitation and support for use of center as a voting site
iii) Continue to provide office space to any current organizations that have
daily office hours and provide services to the community
c) Assistance to the City: Provide Agency personnel and volunteers to operate and
provide programs at the Center as well as at other recreation facilities located on the
premises including basketball courts and tennis courts.
d) Supervision of Recreation Grounds: Supply the necessary leadership and
supervision for the conduct of Agency activities on the recreation grounds adjacent to
the Center.
e) Hours of Operation: As much as possible, the Agency will provide programs and
activities at the Center on a daily basis and establish regular operating hours similar to
those currently existing at the Center.
2. Area to be Served: Services rendered through this agreement shall be provided within
the corporate limits of the City as it now exists and as its boundaries may be changed
during the term of this agreement. The primary target participant group shall reside in
areas of the City with the 33755 zip code.
3. Use of Martin Luther King Center:
a) No Illegal Use: The Agency promises and agrees that they will make or allow no
unlawful, improper or offensive use of the premises. 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 Center and those adjacent areas used by the
Agency.
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b) Rules for Use: Rules and regulations governing the use of the Center may be
established by the Agency, 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 Agency may provide for and allow
reasonable user fees to be retained by the Agency.
c) Inspection by City: The Agency 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 notify the Agency at least 48 hours prior to any
inspections unless entry is necessary due to an emergency as determined by the
City in its sole discretion.
d) General Adherence to City Ordinances: Notwithstanding any limitations
implied by the provisions above, the Agency promises to observe all City
ordinances.
e) Signage: The Agency may place an identification sign on the Center or in the
park according to City codes with approval from the City at the Agency'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
upon termination or expiration of this Agreement.
4. Maintenance of the Center by the Agency.
a) Custodial Maintenance: The Agency shall maintain the Center and adjacent
areas used by the Agency in a clean and orderly condition.
b) Grounds Maintenance: The Agency shall maintain the grounds and parking lot
surrounding the Center from all trash and debris.
c) Repair of Damage: The Agency understands and agrees that it is responsible for
and will cause to be repaired at the Agency's expense, damage to the Center other
than normal wear and tear or vandalism.
d) Building Upgrades or Modifications: The Agency understands and agrees that
it is responsible for any new upgrades or modifications to the building that are
required to meet their programming needs.
5. Payment for all operating expenses: The Agency is responsible to pay all operating
expenses associated with the Center including but not limited to electric, water, sewer,
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solid waste bill for dumpster at the Center, custodial, telephones, cable t.v. and minor
interior building maintenance.
6. Payment of Fees and Taxes: 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
Center.
7. Scheduled Reports of Agency Activities:
a) The Agency 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 ofthe Agency'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 Agency 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).
8. Use and Disposition of Funds Received: Funds received by the Agency from the City
shall be used to pay for the above services as further described in a separate budget
proposal submitted by the Agency to the City (Attachment A). Funds existing and not
used for this purpose at the expiration this agreement, or at earlier termination hereof for
any reason, shall be deemed excess to the intended purpose and shall be returned to the
City within thirty (30) days of such termination or expiration.
9. Creation, Use, and Maintenance of Financial Records:
a) Creation of Records: Agency 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 Agency. Such records shall
be available and accessible at all times for inspection, review, or audit by
authorized City representatives.
b) Use of Records: Agency 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 and funds provided hereunder.
c) Maintenance of Records: All records created hereby are to be retained and
maintained for a period not less than five (5) years.
10. Audit and Management Letter: Within 120 days of the close of its fiscal year, Agency
agrees to submit to the City a certified independent fiscal audit of all its corporate
activities and any accompanying management letter(s). This audit shall be conducted
consistent with American Institute of Certified Public Accountants (AICP A) Standards
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for Non Profit Organizations or other mutually agreed upon standard. The audit will
separately identify City revenues, fees and donations, and expenditures by program.
11. Non-discrimination: Notwithstanding any other provisions of this agreement during the
term of this agreement, the Agency for itself, agents and representatives, as part of the
consideration for this agreement, does covenant and agree that:
a) . Nondiscrimination: Agency agrees that no person shall, on the grounds ofrace,
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. Agency
agrees to maintain reasonable access to handicapped persons.
b) Inclusion in Subcontracts: The Agency agrees to include the requirement to
adhere to Title VI and Title VII of the Civil Rights Act of 1964 in all approved
sub-contracts.
c) Breach of Nondiscrimination Covenants: In the event of conclusive evidence
of a breach of any ofthe above non-discrimination covenants, the City shall have
the right to terminate this agreement immediately.
12. Publicizing of City Support: Agency agrees to utilize every reasonable opportunity to
publicize the support received from the City. Agency further agrees to supply the City,
up to three copies of any publication developed in connection with implementation of
programs addressed by this Agreement. Such publications will state that the program is
supported by the City.
13. 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 negligence or willful misconduct 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 Agency's activities or those of any
approved or unapproved invitee, contractor, subcontractor, or other person approved,
authorized, or permitted by the Agency in or about its premises whether or not based on
negligence.
14. Insurance: The Agency shall procure at its expense and maintain during the term of this
Agreement insurance as shown below:
a) A Comprehensive General Liability policy covering claims for injuries to persons
or damage to property which may arise from or in connection with use of the
Center premises by the Agency including all activities occurring thereon.
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b) A Business Automobile Liability Policy covering claims for injuries to persons or
damage to property that arise from or in connection with use of a motor vehicle
owned by the Agency.
c) Insurance procured in accordance with sections 13 (a) and (b) shall have
minimum coverage limits of $500,000.
d) Except for worker's compensation, each insurance policy issued as a requirement
of this Agreement shall name the City of Clearwater as an additional named
insured. The coverage shall contain no special limitations on the scope of
protection afforded to the City, its officials, employees, agents or volunteers.
e) The Agency shall furnish the City with Certificate(s) of Insurance with all
endorsements affecting coverage required by this section. These forms shall be
received and approved by the Parks and Recreation Director_before execution of
this Agreement by authorized City officials.
f) Worker's Compensation: The Agency shall provide worker's compensation
insurance for all their employees in an amount at least equal to the statutory limits
of coverage according to applicable State and Federal laws. In addition, the policy
shall include employer's liability coverage with a limit of $500,000 per
occurrence.
ARTICLE III. RESPONSIBILITIES OF THE CITY
1. Grant of Funds: The City, for the 2004/2005 budget year, agrees to provide a grant of
$100,000 to the Agency to assist in funding Agency activities and expenses as identified
in this agreement. Grants for future years of this agreement are subject to annual budget
approval by the City Council.
2. Grant of In-Kind Services:
a) The City agrees to provide lawn and landscape maintenance for all areas in the
park and around the Center.
b) The City will provide maintenance for all major capital components of the
building including air conditioners, roof, painting, plumbing, and electrical.
c) The City will not provide any other additional in kind services, supplies, labor or
equipment whether on loan or for consumption to the Agency.
d) The City will gift to the Agency an agreed upon inventory of existing furnishings
remaining on site i.e. game tables, chairs, tables, file cabinets, and desks. Agency
will be responsible for maintenance and replacement of items if needed.
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e) The City will remove any operating supplies, arts & craft materials, TV's, VCR,
computers, etc. that may be needed at other recreation centers in the City, prior to
start of agreement.
3. City Liaison: The Recreation Superintendent of the City of Clearwater or his designee
will serve as the City Liaison for the Agency.
4. Payments: The total amount of this grant will be paid by the City to the Agency within
30 days after execution of this agreement by the City and the Agency but no earlier than
October 1 of the budget year for which the funds are authorized.
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. For Cause: Failure to adhere to any of the provisions ofthis agreement as determined by
the City shall constitute cause for termination. This agreement may be terminated with
30 days written notice without any further obligation by City.
2. For Municipal Purpose: In addition to right to terminate for cause, the City may
terminate this Agreement in the event it determines that the premises are required for any
other municipal purposes by giving sixty (60) 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 that Agency shall be responsible for
full payment of all costs and expenses resulting from the operation of the Center which
remain unsatisfied, together with any other monies due in accordance with this
Agreement.
3. Disposition of Fund Monies: In the event of termination for any reason, monies made
available to the Agency but not expended in accordance with this agreement shall be
returned to the City within thirty (30) days.
ARTICLE VI. NOTICE
Any notice required or permitted to be given by the provisions 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. Ifto 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.
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2. If to Agency, addressed to African American Leadership Council, Inc., Chief Executive
Officer, 1201 Douglas Avenue, Clearwater, FL 33755.
ARTICLE VII. CONTINGENCY
Future funding for this agreement is contingent upon yearly appropriations by the City Council.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals this I~ day of
~ ,2004.
CITY OF CLEARWATER, FLORIDA
By:
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William B. Home, II
City Manager
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Laura ~ipowski
Assistant City Attorney
AFRICAN AMERICAN LEADERSHIP COUNCIL, INC.
BY'
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Attachment A
AFRICAN AMERICAN LEADERSHIP COUNCIL, INC
BUDGBT FY 04-05
C/CLW EFF JWB TOTAL
Sa/an Accounts
Regulllr Salaries and Wascs S12,SOO $229,980 $242,480
FICA SI,913 116.637 518.550
Life and Health Inswance 532,139 $32.839
Workas CumpcosaIioa $loti 5 1,2&2 $1,430
\JomIpIoymem CompcllSlltiCII S7. 5700 S710
Totals $14,631 1281,438 1296.069
ExDenre Accounts
~&andAudiling Iz.ooo $5,100 $7,100
ConlnlC\Ual Services US"" 114,150 532.400 572,250
Travel and Pl:r Diem 5500 5SOO
Con1brencc 57,440 $7,440
Tl'IllISJIOIfatioD
COIIlIIIIIoicatfon&. TcIephooe 56.500 56.500
CommWJic:ations.Long Distance 5500 $500
COI1IIIIIIIlicIltions-PosIage and Shippina $526 1526
Utility Services S>>,_ 51,500 134,500
WaterlScwerlSanilatioo S8,36t $1,200 19,569
Re8ta1s & Leases (Buildin& &; Land) $12,000 SI2,OOO
Rentals & Leases - Equipment 53,292 53,292
Insurance 55,700 15,700
RllJlIir & Maintell8llce Scrviees-Property '12,M $12,000
VelJielc Repair &: MainIeuancc Services $1,000 $1,000
Printing &: BindinB SIOO SI00
Copy.iDg &; Billding 51.080 51,080
ProIIlotionaI Ac:livitics 5500 5SOO
Advcrtisin& SJOO 5300
J\dnJiQistrati\IC Cost S5,1Ot $8,493 $13,493
Oftico Supplies S2,500 S2,SOO
PuliciJllllll ElcpeDsa 121,150 $50,000 571,1S0
Operating Sl&pplies $4,500 $4,500
FoocI &; Nuaition $8,900 $8,900
Subscriptiaas 1200 $200
Books SSOO $500
Dues &: Mcmbcrsbips $300 $300
EdlKlltiocull Mala'iaJs 1300 $300
Educatiollal TrainlDg SSOO 5500
MaehineJylEquip. (Capital Ouday) $30,000 $30,000
Totals US,36' 166.000 11'6,031 1307,400
OrandTotal.J SlfHJ,fJIO 166,tIOO 1431.469 5603.469
C/CL W: City of Clearwater
EFF: Eckerd Family Foundalioo
JWB: Juvaile WdfiIre BoarcI ofPinellu County
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AFRICAN AMERICAN LEADERSHIP COUNCIL, INC.
BUDGET NARRATIVE
FOR
CITY OF CLEARWATER (FY 04105)
Salary & Benefits: Salary for Program Coordinator @ $25,000 ($12,500 ClCIw. & $12,500
JWB); FICA @ .0765 x $25,000 ($1,913); Workers' Compo @ .0059 x $25,000 (148);
and Unemploy. Comp. @ 100.10 offirst $7,000 (570).
Contractual Services: $25,000 for services provided by contractual consultation with Greenwood
Panthers and African American Educational/Cultural Center for youth related activities
and partnerships, such as, scholarships, forum, seminars. summits, special activities, and
community wide events.
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Accounting & Audit: Calculated @2% x $100,000 ($2,000).
Electricity & Water: Electricity ($33,000) " Water ($8,369) calculated at cost for usage by
current occupant.
Maintenance: Janitorial/custodial care of facility year round @ $12,000 annually.
Administrative Cost: Calculated @ 5% ($5,000) fur indirect services provided.
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