R-2014-32 CITY OF CLERMONT
RESOLUTION NO. 2014-32
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CLERMONT, LAKE COUNTY, FLORIDA APPROVING THE
AGREEMENT BETWEEN THE CITY OF CLERMONT AND THE BOYS
AND GIRLS CLUB OF LAKE AND SUMTER COUNTIES, INC. AND
PROVIDING FOR AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of
Clermont, that:
SECTION 1.
The City Council does hereby approve the acceptance of the Facility and License Agreement
between the City of Clermont and the Boys and Girls Club of Lake and Sumter Counties, Inc.,
subject to a ten year term to commence on September 1, 2014 and continuing through August 31,
2024 and subject to the conditions contained in the agreement between the City of Clermont and
the Boys and Girls Club of Lake and Sumter Counties, Inc. as incorporated and attached hereto.
SECTION 2.
This resolution shall take effect immediately upon its adoption.
1
CITY OF CLERMONT
RESOLUTION NO. 2014-32
DONE AND RESOLVED,by the City Council of the City of Clermont, Lake County,
Florida this 9th day of September, 2014.
City of Clermont
44IPI"7.41
—
Haro d . Turville, Jr., Mayor
ATTEST:
Tracy Ackr•yd, City lerk
Approved as to form and legality:
_7 v antzaris, i •rney
FACILITY USE AND LICENSE AGREEMENT
THIS AGREEMENT, entered into this 9th day of September, 2014 by and between the
City of Clermont, hereinafter referred to as "City," and Boys and Girls Club of Lake & Sumter
Counties, Inc. a Flonda non-profit corporation, hereinafter referred to as "Licensee," whose
address is P O. Box 896179, Leesburg, FL 34789.
WITNESSETH:
WHEREAS, the City is the owner of a certain public facility located in Clermont,
Florida, commonly known as Clermont Arts & Recreation Center, hereinafter referred to as
the"Site";and
WHEREAS, Licensee desires to utilize certain facilities located at the Site for the
purposes hereinafter set forth; and
WHEREAS, the City, pursuant to its municipal authority as set forth in Chapter 166,
Florida Statutes, may provide the general public with playgrounds, recreation areas, and other
recreational and cultural facilities, programs and support for recreational programs, including
such programs as Licensee desires to promote.
NOW, THEREFORE, in consideration of the covenants herein contained, it is mutually
agreed between the parties as follows:
1. Term and Termination. The term of this Agreement shall commence on
September 1, 2014 and terminate on August 31, 2024. The Agreement may be renewed
thereafter based on the mutual agreement of the parties after considering and reviewing
Licensee's activities,programs and attendance statistics.
1
Either party may terminate this Agreement for cause at any time upon written notice to
the other party. City, may, upon one-hundred eighty (180) days written notice to Licensee,
terminate the Agreement for any reason. Upon termination of the Agreement for any reason, the
Licensee shall, as of the effective date of the termination, cancel or terminate all activities
occurring or to occur on the Site and remove all personal property of Licensee from the Site.
2. Use of Property. The City agrees to permit Licensee to utilize the Site for the
purpose of providing youth recreation and sports programs in Clermont, Florida subject to the
terms and conditions set forth herein and as more particularly described in Exhibit "A" attached
hereto and incorporated herein.
3. Guidelines and Non-Exclusive Rights. This Agreement is specifically
conditioned upon Licensee continuing to run its program m such a manner that Licensees
activities are open to all eligible youth who wish to participate, regardless of ability, sex, religion
or race. The Licensee must operate as a 501 (c)(3)non-profit corporation under the laws set forth
for incorporation by the State of Florida. A certificate of incorporation and copy of the
Licensee's by-laws must be supplied to the City. In the event that Licensee changes this policy
or loses its 501(c)(3) status this Agreement shall be terminated immediately.
This Agreement may not be assigned or transferred in any manner by Licensee. Any
such assignment or transfer is expressly prohibited. Any previously existing oral or written
agreements between the parties shall be terminated as of the date of this Agreement and shall be
deemed hereafter null and void and of no further force and effect whatsoever.
4. Certification & Volunteer Screening. Each manager, coach, and supervisor of
Licensee is encouraged to be certified in Cardiopulmonary Resuscitation and First Aid. As a
condition precedent to Licensee's nghts hereunder, Licensee shall obtain at its expense and
2
maintain fingerprint background screenings reports on every employee or volunteer who will
have direct access to children. The reports shall be obtained through the Florida Department of
Law enforcement and shall be no older than three (3) years. Copies of the reports shall be
provided to the City upon City's request. Licensee shall prohibit any employee or volunteer on
the Site if said employee or volunteer has at any time pled no contest to, participated in pre-trial
diversion or other alternative sentencing or been convicted of a crime constituting a felony under
the laws of the State of Florida or any comparable law of another state. Licensee shall provide
an affidavit, m a form acceptable to City and executed by the Licensee's president verifying that
the above background screening was completed for all employees and volunteers who may have
direct access to children. The Licensee must submit the affidavit within three days of the
effective date hereof.
5. Indemnification. Licensee shall defend, indemnify and hold harmless the City
from and against all claims, damages, lawsuits, liabilities, losses and expenses, including
reasonable attorney's fees and costs, arising out of or resulting from the Licensee's use of the
Site. Such indemnification shall include all claims of Licensee's guests and participants.
Nothing herein shall be construed or act as a waiver of any sovereign immunity that City may
enjoy.
In accordance with the above, Licensee expressly agrees and acknowledges that it will
require each participant, if of legal age, or each participant's parent and/or legal guardian,
execute a hold harmless, waiver and release of potential claims against the City. The release
shall be in a format as approved by the City in advance.
3
6. Insurance. Licensee, at its own cost and expense, shall keep m force during the
term of this Agreement minimum insurance coverage, as set forth in Exhibit`B" attached hereto
and incorporated herein.
All such insurance shall be evidenced by a Certificate of Insurance which must be
submitted to, and approved by, the City prior to any use by Licensee of the Site under this
Agreement The City shall be named as an additional insured on the insurance policy, which
shall be noted on the Certificate of Insurance and the City shall be provided with a thirty (30)
day, prior written notice in the event of cancellation, non-renewal or adverse change to such
policies. Failure to comply with any insurance requirement shall cause immediate cancellation of
this Agreement. Nothing herein shall be construed or act as a waiver of any sovereign immunity
that City may enjoy.
All Licensee personal property housed or placed at the Site shall be at the sole risk of
Licensee. The City shall not be liable, in any manner, for any loss or damage to any of the
Licensee's or participants' personal property whatsoever.
7. Communication. Licensee shall advise City in advance of the name and contact
information for Licensee's designee for commumcation purposes between the City and the
Licensee All communication by the Licensee with the City must be made through the
Licensee's designee. Communication, information or requests for service by Licensee must be
made to the Parks and Recreation Supervisor or his/her designee.
8. Maintenance of Records; Audit. For a penod ending three (3) years after the
expiration or termination of this agreement, Licensee shall make all records and documents
relating to this agreement available for inspection and copying by the City or any agent
designated by the City. Notwithstanding anything to the contrary stated above, Licensee
4
recognizes that certam documents that it may mamtain in accordance with the use of the Site and
this Agreement may be Public Records under the law of the State of Florida and, therefore,
Licensee agrees that it shall comply with all applicable terms of said law to the greatest extent
possible.
9. Inspection Rights and General Right of Entry by City. The City shall have
the unrestricted right at all times to enter on the premises used by Licensee to inspect the
premises to ensure Licensee's compliance with the terms and conditions contained herein. This
right shall mclude, but not be limited to, the right to enter into any sporting event or recreation
program.
10. Maintenance. The City will maintam the Site m accordance with the City's
routine maintenance policies and plans Notwithstanding the foregoing, Licensee, at its expense,
shall be responsible regular cleaning of the facilities described in Exhibit"A", includmg, but not
limited to, bathrooms and garbage disposal, in a manner consistent with the City's routine
cleaning and maintenance policies.
11. City's Right to Usage. The City retains the right to schedule use of the Facilities
to accommodate the greater need of the Clermont community In accordance therewith, Licensee
and City shall plan on no less than a monthly basis during the term of the Agreement, the use of
the Site and specific portions thereof,by Licensee.
12. Facility Usage Fees.
Licensee shall pay to City the monthly fees described below.
For the period of September 1 to May 31 of each year hereunder, the sum of FIVE
HUNDRED DOLLARS ($500) for each month.
For the period of June 1, to August 31 of each year hereunder, the sum of ONE
5
THOUSAND DOLLARS ($1,000) for each month.
Upon the expiration of the fifty-fourth (54th) month of the term hereunder, the parties
agree that the above fees shall be reviewed and renegotiated. Any agreed-upon increase shall be
effective as of the commencement of the sixth (6th) year hereunder, provided such increase shall
not exceed three(3)per cent per year thereafter.
Licensee shall pay the fee, on or before the 10`h day of each month or portion thereof
The payment shall be made to the City, do Clermont City Manager, 685 West Montrose Street,
Clermont, Florida 34711.
13. Enforcement of Use Policies. All persons entering Site are subject to the
policies set forth by the City. The Licensee is charged with the enforcement of those policies by
the participants in Licensee's programs and events. . Uniformed law officers may be called upon
to enforce applicable City ordinances. The City may ban any program participant or event
attendee from admission to the Site for such length of time as the City may deem necessary.
14. Safety Requirements. Licensee will take all reasonable precautions for the
safety of, and will provide reasonable protection to prevent damage, injury or loss to all persons
and property in the park.
Licensee will be responsible for completing a pre-program/event/field/pool safety check.
Any unsafe condition/deficiency should be reported immediately to City pnor to the start of use.
Commencement of use by Licensee constitutes agreement as to the safety of Site conditions.
Licensee shall report all safety concerns to the City immediately.
Licensee will comply with all applicable safety laws, ordinances, rules, regulations,
standards and lawful orders of any public authority bearing on the safety of persons or property,
and protection of such from damage, injury or loss. Licensee will act to prevent threatened
6
damage, injury or loss in an emergency affecting the safety of persons or property.
The City, at any time, may cancel, postpone, or delay any use, program or event due to
mclement weather or any other factors which might impair the safety of the participants or cause
damage to the Site The City will advise the Licensee, as soon as reasonably possible, in the
event of cancellation.
15. License Only. This Facility Agreement is a license for temporary use only and
creates no possession or ownership interest in the Licensee, or exclusive use, of the Site. The
term "Licensee" is used in this document merely for descriptive convenience and in no way
creates or implies any possessory interest whatsoever
16. Signs/Banners. All signs and banners to be used by Licensee shall be approved
in advance by City and installed, erected or hung in accordance with the City's specifications.
Any unapproved signage may be immediately removed by the City.
17. Concessions. Licensee may not operate a concession facility of any kind without
pnor written approval from the City.
18. Improvements. Licensee shall not make any alterations or improvements to the
Site, or any facility thereon, without prior written approval from the City.
19. Amendments. This Agreement may be amended only through a written
document executed by both parties.
20. Assignment. This Agreement may not be assigned by either party without the
prior written consent of the other party. Failure to comply with this provision may result in
immediate termination of this Agreement
7
21. Notice. All notices required to be given under this agreement shall be deemed
sufficient to each party when delivered by United States Mail to the following:
As to the City. 685 West Montrose Street
Clermont, FL 34711
Attn.: Darren Gray, City Manager
As to the Licensee: Boys &Girls Club of Lake& Sumter Counties, Inc.
P O. Box 896179
Leesburg, FL 34789
Attn.. Leva Williams, President
22. Governing Law/Venue. This Agreement shall be governed by and construed in
accordance with the laws of the State of Florida. Venue for any action hereunder shall be
exclusively m Lake County, Florida.
23. Signatory. Each signatory below represents and warrants that he or she has full
power and is duly authonzed by their respective party to enter into and perform this Agreement.
Such signatory also represents that he or she has fully reviewed and understands the above
conditions and intends to fully abide by the conditions and terms of this Agreement as stated.
24. Entire Agreement. This Agreement contains the entire agreement between the
parties. No promises, representations, warranties or covenants not mcluded herein has been or
shall be relied upon by either party. Any modifications, additions, or amendments hereto must
be in writing and signed by all parties.
8
IN WITNESS WHEREOF, the parties hereto have executed this Agreement this 9th
day of September,2014.
"CITY OF CLERMONT"
BY
- „• - eft
-13'd S. 'lle,Jr.
Mayor
ATTEST:
Tracy Ackro,r City Clerk C
Boys&Girls Club s. Lake&
Sumter Co f;es .„
4 ' `Wvv-
Lew W' i- President
DATE: 1 ti tit
9
EXHIBIT "A"
Boys & Girls Club
After-School Program and Tentative Future Summer Schedule
After-School Program
STAFF, PARKING,AND PARENT DROP-OFF AND PICK-UP LOCATIONS
• Staff will park on the north side parking lot,adjacent to the Boys&Girls Club entrance, and
access the facility from this location.
• Parent drop-off and pick-up will be on the north side parking lot, adjacent to the Boys&
Girls Club entrance. Parents must not leave vehicles parked along the curb or in any
unauthorized areas.
• Boys&Girls Club staff will make parents aware of the drop-off and pick-up area.
• Current staff Information, below:
TRACY JONES UNIT DIRECTOR- 9AM-6:OOPM
AARON S. MEMB. CLERK/ASSIST.TO UNIT D, 2:15-6:15PM,W-1:15PM-6:15 PM
YASMIN S. PROGRAM COORDINATOR/CHARACTER&CITIZENSHIP- 1:15PM-6:15PM
DIONIE M. EDUCATION COORDINATOR- 1:15PM-6:15PM
SARAH P. (TEEN COORDINATOR)3PM-6:15 (OR 6:30 WHEN PARENTS ARE LATE)
JANET H. DJJ/PREVENTION SPECIALIST/THE ARTS-2:30PM-6PM,W-1:30PM-6PM
BRANDON P. PROG, STAFF(SPORTS/FITNESS LEAD) 2:30PM-6PM,W- 1:30PM-6PM
CAROLYN H. PROG.STAFF/EDUCATION 2:30PM-6PM,W- 1:30PM-6PM, FRI-OFF
EILEEN T. PROGRAM STAFF-CREATIVE ART, 2:30PM-6:00PM,W- 1:30PM-6PM)
ANA R. ( PROGRAM STAFF/EDUCATION ) 3:OOPM-6:OOPM
ZACH F. PROGRAM STAFF/COMP.TECH/LIBRARY 2:30-6PM
SUSAN L. DRIVER/STAFF SUPPORT 2:OOPM-5:300PM (WED.'S 12:30PM-5:30PM)
AFTER-SCHOOL PROGRAM HOURS AND SCHEDULE
Children will arrive by means of the B&G Club bus,or by parent drop-off
• Monday,Tuesday,Thursday, Friday
2:00pm—6:00pm
• Wednesday(early release day)
1:00pm—6:00pm
2014-2015 Program Schedule
AUGUST 18- First Day of Afterschool Programs-2-6pm
SEPTEMBER 1- Labor Day—( Monday) Club Closed
SEPTEMBER 19- ( Friday) Club Closed
SEPTEMBER 26- Non-Student Day-Club Open (Friday) 7am-6pm
OCTOBER 20- Non-Student Day/Teacher Work Day(Monday)- Club Open 7am-6pm
NOVEMBER 11 -Veteran's Day/Student Holiday(Tuesday)-Club Open 7am-6pm
NOVEMBER 24-28 -Thanksgiving Holiday/Student Holiday(Monday- Friday)-
Club Open - Mon .thru Wed. and Friday, 28, Club Closed Thursday, 27
DECEMBER, 22-31 Winter Break- Club Open—Mon &Tue (7am-6pm),Wed. (7am-4pm), Club
closed -Thursday and Friday,
JANUARY 1-2 Winter Break(Thursday- Friday)- Club Open 7am-6pm
JANUARY 16 Non-Student Day/Teacher Work Day(Friday)-Club Open 7am-6pm
JANUARY 19 Martin Luther King,Jr., Birthday/Student Holiday(Monday)-Club may be closed to
participate in Community Event. May open at 7am-6pm, but be away most of the afternoon.
Returning to club for parent pick up at the end of the day.
FEBRUARY 16 Presidents' Day/Student Holiday(Monday)-Club Open 7am-6pm
MARCH 27 Non-Student Day/Teacher Workday(Friday)-Club Open 7am-6pm
MARCH 30-31 Spring Break(Monday-Tuesday)-Club Open 7am-6pm
APRIL 1-3 Spring Break (Wednesday-Friday) Club Open 7am-6pm
MAY 25 Memorial Day/Student Holiday(Monday)- Club Closed
MAY 29-( Friday) Last Day for Afterschool programs
JUNE 1-5—Club transition and preparation for Summer program Club closed for programming
JUNE 8- (Monday) First day of Summer Program
AFTER SCHOOL USE OF THE FACILITY
Pool
• Will be closed Monday thru Friday,starting September 1st
• REQUEST--Friday September 26th(teacher work day)
-Pool is not open but may be rented(per hour fee and a per hour lifeguard rate will apply)
Gymnasium
• REQUEST-2 days a week for one hour,for free-play,basketball,and other activities(flexible on
days and times, but requested 4:30-5:30pm)
-Starting October is`,ARC will make the gymnasium available for use at least one day per
week for at least one hour
-Gym use will be scheduled around the programs and rental uses during that time.
-Gym times and dates will be made available to B&G Club staff at least 2 weeks in advance,
but are subject to change.
Theater
• REQUEST—Two days per week for one hour,for performance-type activities and uses
-The Theater will be scheduled for use at least one day per week,for at least one hour.All
times and dates will be dependent on availability,and a schedule of use will be made
available to the B&G Club staff at least 2 weeks in advance, but are subject to change.
Outdoor Field
• REQUEST--Two days per week for at least one hour,for sports,activities,games,etc
-The outdoor field will be scheduled for use at least one day per week,dependent on availability.
B&G Club staff will be given at least 2 weeks advance notice,but times/dates are subject to
change.
Proposed Playground (Not yet built)
• REQUEST—One day per week for at least one hour,for recreation activity
-Once completed,the playground will be available for use at least two days per week for
one hour
2015 SUMMER SCHEDULE
USE OF THE CLERMONT ARTS&RECREATION FACILITY
A schedule of facility usage will be provided every four weeks.Times/dates are subject to
change.
Pool
(pool opening date not determined, pool hours and programming also not yet determined)
• A minimum of two hours of reserved pool use per week. With ARC lifeguard staff.
Gymnasium
• A minimum of one hour per day(M-F)every morning(7-11), and a minimum of one hour in
the afternoon (11-6)
Theater
• A minimum of two days per week for at least one hour, per use
Outdoor Field
• A minimum of three days per week for at least one hour, per use
Playground (Not yet built)
• A minimum of three days per week for at least two hours, per use.
ARC REQUESTS TO B&G CLUB, FOR THE SCHOOL YEAR 2014-2015,AND THE SUMMER 2015
D Improve B&G Club monitoring of children to address the excessive noise level in the hallways.
There have been occasions when the noise has been very excessive and ARC staff has had to
address the noise level with B&G Club staff.
D The mess left in the hallway bathrooms continue to be an issue with water on the floor,excessive
use of paper towels,and extreme messes that are left after use.
B&G Club agrees to:
D Have staff monitor large groups more closely while in other areas of the facility,and while using the
hallway restrooms. They will take alternate routes through the facility in order to avoid disturbing
others in the facility.
D Look into installing hand dryers in the hallway restrooms
D Purchasing step stools for smaller children who cannot reach the sinks.
D Look into the possibility and potential cost of removing the toddler toilets from the classrooms and
installing adult sized toilets to alleviate the use of the hallway bathrooms
D Continue to notify ARC staff of all maintenance issues,as minor as they may appear.
D Clean all classrooms,common areas,sinks,and bathrooms located in the B&G wing daily,this
includes but is not limited to the following:
-sinks wiped out,garbage emptied daily, carpets vacuumed regularly,and closets kept free
of excessive clutter,garbage is expected to be taken to the dumpster on a daily basis
ARC staff will:
D Conduct an inspection of the Boys&Girls Club wing once per week, including individual
classrooms,common areas,and storage areas,also the interior and exterior building.
D Staff will address any A/C and heating issues, lights that are out, plumbing issues and other general
maintenance issues.
Clermont Arts & Recreation Center
I I
I I
--t
Grass Field =?=1
Yom'_ t s„ _- ....e
Et
pii
4. , °" 4,r/ f
r a --ic- •-r'�_, ---"74-"'T-3..: X5,1¢' 1 ""-
EE
1 f iii' , �.Z�c,_e .c.! K
i----3. .... .....,,,._,_ . ,,._-_,•zr ,nR,r--,-- '.:: '2ii.,-,-"--1-
- _ ... , i
}, F " "y —. '—=Eii1!c _ a i �_.
It
fI
Areas accessible to Boys&Girls Club I'''
1
1