FACILITY LEASING AGREEMENT FOR THE LONG CENTER
FACILITY LEASING AGREEMENT
THIS FACILITY LEASING AGREEMENT ("Agreement"), is made and entered into
effective this alol...flt'- day of~, 200 V ("Effective Date"), by and between
the City of Clearwater, a muniij-pal :,o~por~tion ~. State of Florida, with its principal
offices at 112 South Osceola Avenue, Clearwater, Florida 33756 ("CITY"), and All Children's
Hospital, Inc., a Florida not for profit corporation, with its principal offices at 801 Sixth Street
South, St. Petersburg, Florida 33701 ("HOSPITAL").
WHEREAS, the HOSPITAL is an acute care pediatric hospital that provides
occupational therapy, physical therapy and related services ("Rehabilitative Services") to
children in need of such services in Pinellas County; and
WHEREAS, the CITY desires to provide support to the Rehabilitative Services provided
by HOSPITAL in Pinellas County, Florida, by making available to it a facility suitable for such
Rehabilitative Services upon the terms and conditions hereafter set forth.
NOW THEREFORE, the parties agree as follows:
1. CITY will make available to HOSPITAL at a charge of $15,450.00 for October, 2003
through September, 2004, paid pro-rata on a monthly basis plus 3% cost of living
inerease annually on anniversary of the Effective Date, the instructional pool and locker
room facilities located at the LONG CENTER, 1501 North Belcher Road, Clearwater,
Florida 33765, ("FACILITY") and lifeguarding services under the following terms and
conditions:
a) HOSPITAL shall have access to the FACILITY every Tuesday, Wednesday, and
Thursday from 1:00 p.m. until 5:00 p.m. to render Rehabilitative Services to those
patients and clients of HOSPITAL requiring such services subject to the
limitations outlined in Section l(d). HOSPITAL has use of FACILITY during the
times and days stated above, and any changes to the times and days stated above
should be requested in writing a minimum of two (2) weeks prior to the requested
date. HOSPITAL employees providing such aquatic therapy services must be
qualified and licensed by the State of Florida, Department of Health, Division of
Medical Quality Assurance. Parent or family members may be on the deck near
the pool to encourage carryover of the home program. One parent may be in the
water assisting during each session.
b) CITY shall retain the right to provide access to FACILITY based on space
availability, hours of operation and planned events of the CITY. If space
availability, hours of operation or planned events cancel any scheduled hours paid
for by HOSPITAL, CITY shall reschedule any lost hours over 12 hours per year.
CITY shall advise the HOSPITAL of planned events that will force the
cancellation of scheduled hours a minimum of four (4) weeks prior to that date.
CITY is aware that HOSPITAL is a teaching hospital and therefore allows one
student per patient in the water assisting. CITY reserves the right to limit access
to family and student based on swimming pool capacity as set by the State of
Florida.
c) HOSPITAL's use of the FACILITY shall only be for a time and space reasonably
required to render Rehabilitative Services as provided for herein. HOSPITAL
shall be responsible for all salaries, taxes and any employment benefits for its
employees. HOSPITAL will be responsible for maintaining all records and
paying all workers eompensation, and federal, state and loeal taxes on monies
paid to its employees as required by law, including but not limited to estimated
income tax returns and social security deposits.
d) CITY will maintain the instructional pool in accordance with the requirements set
forth by the State of Florida and as such shall provide lifeguard supervision
during all hours of use by the HOSPITAL. HOSPITAL acknowledges that public
use and sponsor agency programming have priority in facility scheduling making
all space requirements in the instructional pool oflimited usage for HOSPITAL.
Hospital will not be scheduled on days where the CITY is hosting large aquatic
events. If the instructional pool is closed due to an unforseen reason, HOSPITAL
will be allowed to offer therapy on the pool deck or in a classroom if available.
e) CITY will request approval on a case by case basis from HOSPITAL to film,
photograph, or interview therapists, clients, family members or administrators in
order to communicate FACILITY usage or assist in fundraising opportunities.
Such approval will not be unreasonably withheld. Additional permission for
filming, photographing, or interviewing clients or family members must be
obtained from client and client's parent or guardian, or appropriate family
member.
2. HOSPITAL shall be responsible for the purchase and maintenance of all portable
equipment and supplies specific to the Rehabilitative Services to be provided at the
FACILITY. All such equipment and supplies shall be the sole property of HOSPITAL
and stored at the FACILITY in a portable storage case with lock, which will also be
provided by and property of the HOSPITAL and acceptable to the CITY. If HOSPITAL
ceases to provide Rehabilitative Serviees at the FACILITY, HOSPITAL shall retain
portable storage case, such equipment and supplies. CITY may be offered the
opportunity to purchase said equipment at fair market value. The fair market value of
such equipment and supplies shall be mutually agreed upon by the parties. The
equipment provided by HOSPITAL shall not be used in such a way as to interfere with
the operations of the CITY.
3. The parties further agree:
a.. HOSPITAL will maintain adequate general and professional liability insurance
for all of the Rehabilitative Services, reasonably acceptable to CITY, which will
include coverage of all equipment and supplies purchased by and used by
HOSPITAL at the FACILITY. The CITY upon the HOSPITAL'S request, will
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provide written information regarding self-insurance retentions and excess
coverage. The parties shall provide proof of compliance with this provision upon
request of the other party. The minimum limits will be $1,000,000 per occurrence
and $3,000,000 in the aggregate. HOSPITAL shall also provide to CITY evidence
of Professional liability insurance for the Rehabilitative Services being performed.
CITY is not responsible for personal property of the HOSPITAL and/or users
regardless of cause or loss.
b. HOSPITAL shall be solely responsible for all patient care decisions and treatment
provided at the FACILITY. CITY shall have no control over, nor responsibility
for, Rehabilitative Services offered or delivered to patients. HOSPITAL is to
make sure each patient is escorted by a parent or caregiver upon entrance and exit
from the FACILITY, as well as while using the locker room.
c. Worker's compensation coverage shall apply for all employees including contract
employees of the HOSPITAL performing Rehabilitative Services at the
FACILITY. The amount will be at least equal to the statutory limits of coverage
according to applicable State and Federal laws.
d. CITY hereby indemnifies, holds harmless and defends HOSPTIAL from and
against any and all claims, damages, actions, demands, judgments, liabilities and
expenses, including but not limited to, attorneys' or other professional fees,
arising from or related to the lifeguard services rendered on the lease space
provided, including any act or omission of FACILITY, its officers, agents, and
employees. HOSPITAL hereby indemnifies, holds harmless and defends CITY
from and against any and all claims, damages, aetions, demands, judgments,
liabilities and expenses, including, but not limited to, attorneys' and other
professional fees, arising from or related to any Rehabilitative Service rendered,
including any act or omission of HOSPITAL, its officers, agents, and employees.
e. The sole purpose of this Agreement is to set forth the terms upon which CITY
shall provide leased space and lifeguard services to HOSPITAL to facilitate the
HOSPITAL's provision of needed medical services in Pinellas County, Florida.
The parties hereto are, and shall remain, separate and independent legal entities.
Nothing in this Agreement is intended to create a partnership, joint venture or
employer/employee relationship between them.
f. In the course of its activities and use of the FACILITY, HOSPITAL agrees to use
best efforts to comply with all Federal, State, County and Municipal laws,
regulations, and ordinances, including but not limited to Civil Rights Act of 1964,
and all rules, regulations, and requirements promulgated or imposed pursuant
thereto.
4. Term. This Agreement shall commence on the Effective Date and shall remain in effect
for one (1) year unless terminated earlier in accordance with the provisions of this
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Agreement. This Agreement shall automatically renew for successive one (1) year terms
until terminated by either party as provided for herein.
5. Termination. Either party to this Agreement may terminate this Agreement with or
without case, upon at least thirty (30) days written notice to the other party. HOSPITAL
shall pay FACILITY all amounts accrued under this Agreement through the date of
termination.
6. Successor and Assigns. This Agreement shall be binding upon and inure to the benefit
of the parties hereto and their respective heirs, personal representatives, successors, and
assigns. Neither party shall assign this Agreement, or delegate its duties hereunder
without the express written consent of the other party.
7. Governing Law. The validity, interpretation, and enforcement of this Agreement, the
rights and obligations of the parties, and all of the other documents delivered in
connection herewith shall be governed by, construed and interpreted in accordance with
the laws of the State of Florida.
8. Entire Agreement. This Agreement contains the entire understanding ofthe parties with
respect to the subject matter hereof and supersedes all prior agreements, written or oral,
and all other communications between the parties relating to such subject matter.
9. Amendments and Modifications. This Agreement shall not be amended, altered,
modified, or changed except in writing signed by both parties.
10. Notice. All notices given under this Agreement shall be in writing and deemed
effectively given when delivered by certified mail, return receipt requested, or in person
with proof of delivery, to the party's following address:
As to CITY:
Parks and Recreation Director
P. O. Box 4748
Clearwater, FL 33765
As to HOSPITAL:
All Children's Hospital, Inc.
Dev. Rehab Services -7700
801 Sixth Street South
St. Petersburg, Florida 33701
Copy to:
City Attorney
P. O. Box 4748
Clearwater, FL 33765
Any party may change its above address by giving ten (10) days prior written
notice to the other party.
11. Headings. The headings in this Agreement are included for convenience only and shall
not be taken into consideration in any construction or interpretation of this Agreement or
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any of provisions therein.
12. Severability. The invalidity or enforceability of any terms or conditions of this
Agreement shall not affect the validity or enforceability of any other term or provision,
and the remainder of this Agreement shall continue in full force and effect.
13. Waiver. No failure by any party to insist upon the strict performance of any term of this
Agreement shall constitute a waiver of the right to assert a breach thereof.
IN WITNESS WHEREOF, the parties have hereunto caused their corporate names to
be signed by officers authorized so to do.
CITY OF CLEARWATER, ALL CHILDREN'S HOSPITAL, INC.
A Municipal Corporation
of the State Flo'
By
dr
By
Date
/ - 2-2 - 0 if
ames
Prl1~dent and CEO
fA!, ll, 2tJ~
Date
Attest:
By ~~l.JL. D~D.
.. thia E. Gaud. eau' -
ity Clerk
Date I l;;.l.I. 16Y
I { r
Approved as to form:
BY~
. Laura Lipowski
Assistant City Attorney
By
~BY:
William orne II
City Manager
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