PARTNERSHP & OPERATIONAL SUPPORT AGREEMENT AT WOOD VALLEY
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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, hereinafter referred to as the City, and Boys and Girls Club, Inc.,
whose address is: 5111 66th Street North, Suite 200, St. Petersburg, FL 33709-3141, referred to
as the Agency.
WHEREAS, it has been determined to be highly desirable and socially responsible to provide
activities to build and foster the confidence, educational, recreational and social skills and good
habits in young people, adults and families; and
WHEREAS, the City desires to provide recreation programs and activities as a means to help
young people, adults and families; and
WHEREAS, the City has provided said programs and activities at the Wood Valley Recreation
Center for over twenty years and desires to continue offering recreational programs at Wood
Valley Center; and
WHEREAS, the Agency has established programs that provide educational, motivational,
recreation and cultural activities for youth, adults and families throughout the United States and
more specifically in Pinellas County at Jasmine Courts; and
WHEREAS, the Agency desires to partner with the city in providing recreational programs; and
WHEREAS, the City owns the Wood Valley Recreation Center Building, hereinafter referred to
as the Center, located at 2816 Park Trail Lane and
NOW, THERFORE, the parties agree as follows:
ARTICLE I. TERM
The term of this agreement shall be for a period of 5 years commencing on the 1 st day of
December, 2002 and continuing through the 30lh day of November, 2007 (the Termination Date)
unless earlier terminated under the terms of this agreement.
ARTICLE II. RESPONSIBILITIES OF THE AGENCY
1) Services to be Provided: One of the Agency's goals shall be to provide quality programs
and to increase the number of programs and services provided at Wood Valley.
a) Programs: Conduct educational, recreational, cultural and motivational programs at
the Center for the benefit of neighborhood and Clearwater area youth, adults, and
families. Some of the core programs to be provided are as follows:
i) Recreation programs similar to those currently being offered at Wood
Valley
ii) Open center hours for free play
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iii) Organized games, playtime and intermurals
iv) Child development activities
v) Facilitation and support of community meetings and activities
vi) Educational classes
vii) Hours of operation open to the public shall be increased from current
schedule now being offered by the City
viii) Facilitation and support for use of center as a voting site
b) Assistance to the City: Provide Agency personnel and volunteers to operate and
supervise activities and special programs at the center building and other recreation
facilities including the basketball courts, tennis courts, playground and ballfields.
c) Supervision of Recreation Grounds: Supply the necessary leadership and
supervision for the conduct of participants utilizing the recreation grounds adjacent to
the Youth Center.
d) Supervision of other Facilities: Monitor and schedule the use of other city facilities
at Wood Valley Park if needed.
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
within a two mile radius ofthe center.
3) Use of Wood Valley Recreation Center and Park:
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.
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.
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.
d) General Adherence to City Ordinances. Notwithstanding any limitations implied by
the provisions above, the Agency promises to observe all City ordinances.
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e) Sign age. 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.
4) Maintenance of the Premises 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) 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 premises other than
normal wear and tear or vandalism.
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,
custodial, sanitation and 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 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) 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.
c) Maintenance of Records: All records created hereby are to be retained and maintained
for a period not less than five (5) years.
9) 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:
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a) Nondiscrimination: Agency 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, except that programs may designate
services for specific client groups as defined in the application. 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 of the above non-discrimination covenants, the City shall have the right to
terminate this agreement.
10) Publicizing of City Support: Agency agrees to utilize every reasonable opportunity to
publicize the support received from City. Agency further agrees to supply 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
City.
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 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.
15) 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 Youth Center
premises by the Agency including all activities occurring thereon.
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 15 (a) and (b) shall have minimum
coverage limits of $500,000.
d) Each insurance policy issued as a requirement of this Agreement shall name the City of
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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 City's Risk Manager before execution of this Agreement by authorized City
officials.
ARTICLE III. RESPONSIBILITIES OF THE CITY
1. Grant of Funds. No funds are a part of this agreement.
2. Grant orIn-Kind Services:
a) The City agrees to provide lawn, landscape and ballfield 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, electrical, etc.
c) The City agrees to maintain playground equipment and other outside facilities i.e.
basketball court, tennis courts and ballfield.
d) The City will not provide any other additional in kind services, supplies, labor or
equipment whether on loan or for consumption to the Agency.
e) The City will allow the Agency to use existing furnishings on site i.e. game
tables, chairs, tables and desks. The Agency will be responsible for maintenance
and replacement of items if needed.
f) The City will remove all operating supplies, i.e. balls, arts & craft materials, TV's,
VCR, etc. prior to start of agreement.
ARTICLE IV. DISCLAIMER OF WARRANTIES
This Agreement constitutes the entire Agreement ofthe 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 of this agreement as determined by
the City shall constitute cause for termination. This agreement may by terminated with
30 days written notice without any further obligation by City.
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2. For Municipal Purpose: The City may terminate for any municipal purpose by giving
90 days written notice.
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. If to City, addressed to Parks and Recreation Director, P.O Box 4748, Clearwater, FL
33758
2. If to Agency, addressed to
ARTICLE VII. EFFECTIVE DATE
The effective date of this agreement shall be as of the first day of December, 2002.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals this I~ day of
~ ,2002.
Countersigned:
CITY OF CLEARWATER, FLORIDA
By: ~...J3.L::Jt
William B. Home, II
City Manager
Brian 1. Aungst
Mayor-Commi sioner
Attest:
~~fl4-~~
Cynth. . Goudeau . ,
City Clerk
IRLS CLUB INC.
B.
PnntedName:
Executive Director
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