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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. 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