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HomeMy WebLinkAboutAgreement_General_12/11/2025_SportsTyme VILLAGE OF TEQUESTA PARKS AND RECREATION DEPARTMENT FACILITY USE AGREEMENT THIS AGREEMENT FOR use of the Village of Tequesta Rec Center Gymnasium and Constitution Park ("Agreement") is entered into and effective this H day of 20_2,1� (the "Effective Date"), by and between the VILLAGE OF TEQUESTA, a Florida municipal corporation with offices located at 345 Tequesta Drive, Tequesta,Florida 33469,organized and existing in accordance with the laws of the State of Florida, hereinafter the "Village"; and gloi' hbat , with offices located at - 'I"�4 1n • DGCQ!�pPL. 3AIA-1 hereinafter the "Renter" and collectively with the Village,the"Parties". WITNESSETH The Village and the Renter, in consideration of the mutual covenants contained herein and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by both Parties, hereby agree as follows: 1. FACILITY INFORMATION AND FEES: The Parties hereby agree to enter into this Agreement whereby the Village will allow Renter to occupy certain areas in the Village Rec Center Gymnasium and Constitution Park as further described below, for the purposes of operating a Summer Camp-type program. The Facility is located at 399 Seabrook Road,Tequesta,FL 33469 ("Facility's, Renter agrees to pay the weekly fee of$ •00 for Facility use during session operations,totaling$ 2�2-1500 -W for 10 weeks("Fee'). Renter agrees to make payments to the Village by check,with half of the Fee due prior to the first day of facility use,and g the other half due on the Monday of the last week of the camp program. If Facility space is needed for training or orientation dates for staff,that will be covered by a separate agreement. 2. USE OF FACILITY: The Facility shall be used for the purpose stated in the Agreement and as further described in the Renter's proposal, attached as Exhibit"A." Renter shall comply with all local,state,and federal laws related to its program and use of the Facility. The gymnasium is a secure location in the building and requires a key fob to enter. Only Village staff have access to opening the secured doors. The areas of the Facility that are off limits to the Renter are: the game room, kitchenette, offices, lobby slide, and activity rooms 1, 2, & 5. In the event that the playground is used, playground users must be accompanied and supervised at all times by Renter staff. A"Playground Supervision Plan"must be provided by and signed by Renter outlining such policies to be followed by Renter which will be attached to and incorporated into this Agreement as Exhibit`B." -1 AC7 people is the maximum building occupancy for the gymnasium.Due to fire codes, the Renter shall not exceed this number. It is the responsibility of the Renter to provide adequate supervision to the youth-during organized and unorganized activities. Any use of Constitution Park must be appropriately monitored by the Renter and its staff. Because onsite restroom facilities are located outside of the rec facility building Renter Staff must accompany and appropriately monitor attendees leaving the rec facility building for restroom use. A "Resoom Supervision Plan"must be provided by and signed by Renter outlining such policies to be followed by Renter which will be attached to and incorporated into this Agreement as Exhibit"C". Alcohol, gum, vaping, and tobacco products are prohibited in the park or in the Facility. Renter shall not store any equipment or materials at the facility without approval of the Recreation Supervisor. Renter shall not remove,relocate,or take Village property outside for any reason without approval from the Recreation Supervisor. Renter is responsible for cleanup of the facility. Renter shall pick up, bag, and remove all trash generated inside the facility. Renter must sweep the gymnasium floor daily. A "Heat Advisory Plan" must be provided by and signed by Renter outlining Renter policies and practices during high heat days which will be attached to and incorporated into this agreement as"Exhibit D".It is the responsibility of the Renter to keep,collect and store any items, known as "lost and found," that are left behind by the youth attending its program. Renter will leave all fixtures in the condition that they were found in or be charged for any damages. Any and all damage in the park or inside the facility must be reported to the Recreation Supervisor in writing to kworley@tequesta.org as soon as it is noted. Failure to do so will be conclusive evidence that the damage was caused through the fault of the Renter. In the event there is any damage to the facility equipment, furniture,or park equipment,through the fault of the Renter, its staff,or youth attending its program, the Renter shall pay all fees to cover the costs of repair. All proposed entertainment and educational guests coming to visit, perform, or participate in Renters camp activities and the proposed dates for such visits must first be noticed to and preapproved by the Village Parks&Recreation Supervisor. All guests who have outside presentations must report to 2 Dover Road. Renter shall provide a drop off/pick up plan detailing policies and procedures including time schedules for camp drop off and pick up. This plan must include instruction to parents of camp participants that parking in an approved parking space is required during pick-up time. This plan shall be signed by Renter and attached to and incorporated into the agreement as "Exhibit E". 3. CAMP RULES REGULATIONS AND TRAININGS• All Renter's camp staff ("Camp Staff") are required to pass a level 2 background check. Any Camp Staff that fail said background check are prohibited from working at the Facility under this Agreement. A list or description of all staff qualifications, trainings, and prescreening is attached as Exhibit "F." A description of camp rules and regulations will be provided to the Village Recreation Supervisor. Renter shall develop and maintain an"Emergency Action Plan"with policies and procedures for how to respond to medical emergencies including ensuring that at least one onsite staff member maintains access to camp participant medical and emergency contact information in the event of an on-site medical emergency. Such plan shall be signed by Renter and attached to and incorporated into this agreement as "Exhibit G". At all times Renter will ensure these rules and regulations are followed. Renter agrees to provide Village residents priority registration,including early registration and reduced cost registration. Camp attendees will be dropped off and picked up in a car line style. Camp Staff will be responsible for the security and safety of the youth at all times during this process and must have a staff member available to walk the youth into the building at drop off time. Parents are prohibited from entering the Facility at this time,and it is the responsibility of the Camp Staff to enforce this rule. All Camp Staff will park in the parking lot across the street from the Facility on Seabrook Road. 4. TERM: TERMINATION: NOTICE: This Agreement shall be for a term of Wf&S ,commencing on,,.�ilnL 117,,014 and ending on A!M I r �pt�� This Agreement may be terminated without cause by either party upon 60 days written notice to the other party.This Agreement may be terminated for cause for(i)either parry's failure to comply with the material terms of this Agreement, or(ii)any representation,guarantee,or warranty made by the other party in this Agreement or any of its exhibits proving to have been incorrect or false in any material respect when made. In the event that either party wishes to terminate this Agreement for cause, that party must give the other party written notice of the alleged cause for termination and seven 7)days to cure the alleged cause for termination. 3 Village Renter Village of Tequesta 345 Tequesta Drive Tequesta,FL 33469 Attn: Greg Corbitt,Director Parks and Recreation 5. INSURANCE: The Renter shall provide proof ofworkman's compensation insurance and liability insurance in such amounts as deemed sufficient by the Village and shall name the Village as an"additional insured"on the liability portion of the insurance policy. 6. INDEMNIFICATION:The Renter shall at all times indemnify,defend and hold harmless the Village, its agents, servants, and employees, from and against any claim, demand or cause of action of whatsoever kind or nature, arising out of error, omission, negligent act, conduct, or misconduct of the Renter, its agents, servants, or employees in the performance of services under this Agreement.Nothing contained in this Agreement shall be construed or interpreted as consent by the Village to be sued, nor as a waiver of sovereign immunity beyond the waiver provided in Section 768.28,Florida Statutes, 7. RELATIONSHIP OF THE PARTIES: It is specifically understood that the Renter is not an agent or employee of the Village. Both the Village and the Renter agree that this Agreement is not a contract for employment and that no relationship of employee—employer or principal— agent is or shall be created hereby,nor shall hereafter exist by reason of this Agreement. 8. AMENDMENTS AND ASSIGNMENTS: This Agreement and all Exhibits attached hereto constitute the entire Agreement between both Parties; no modifications shall be made to this Agreement unless in writing, agreed to by,both Parties, and attached hereto as an addendum to this Agreement. The Renter shall under no circumstances sublease the Facility or allow any other organization or individual use of the Facility without prior written consent of the Village. 9. INSPECTOR GENERAL:Pursuant to Sections 2-421-2-432 of the Palm Beach County Code of Ordinances,the Office of the Inspector General has jurisdiction to investigate municipal matters, review and audit municipal contracts and other transactions, and make reports and recommendations to municipal governing bodies based on such audits,reviews,or investigations. All parties doing business with the Village shall fully cooperate with the inspector general in the exercise of the inspector general's functions, authority, and power. The inspector general has the 4 power to take sworn statements, require the production of records, and to audit, monitor, investigate and inspect the activities of the Village, as well as contractors and lobbyists of the Village in order to detect,deter,prevent,and eradicate fraud,waste,mismanagement,misconduct, and abuses. 10. E-VERIFY ELIGIBILITY: The Contractor warrants and represents that it is in compliance with Section 448.095,Florida Statutes, as may be amended. No later than January 1, 2021, the Contractor shall: (1) register with and use the E-Verify System (E-Verify.gov) to electronically verify the employment eligibility of all newly hired workers; and(2) verify that all of the Contractor's subconsultants performing the duties and obligations of this Agreement are registered with and use the E-Verify System to electronically verify the employment eligibility of all newly hired workers. The Contractor shall obtain from each of its subconsultants an affidavit stating that the subconsultant does not employ,contract with,or subcontract with an Unauthorized Alien,as that term is defined in Section 448.095(1)(k),Florida Statutes,as may be amended. The Contractor shall maintain a copy of any such affidavit from a subconsultant for,at a minimum,the duration of the subcontract and any extension thereof. This provision shall not supersede any provision of this Agreement which requires a longer retention period.The Village shall terminate this Agreement if it has a good faith belief that the Contractor has knowingly violated Section 448.09(1), Florida Statutes, as may be amended. If the Contractor has a good faith belief that the Contractor's subconsultant has knowingly violated Section 448.09(1),Florida Statutes,as may be amended, the Village shall notify the Contractor to terminate its contract with the subconsultant and the Contractor shall immediately terminate its contract with the subconsultant.In the event of such contract termination, the Contractor shall be liable for any additional costs incurred by the Village as a result of the termination. 11. SCRUTINIZED COMPANIES: For Contracts under$1 M, the Contractor certifies that it is not on the Scrutinized Companies that Boycott Israel List created pursuant to Section 215.4725, Florida Statutes, and that it is not engaged in a boycott of Israel. The Village may terminate this Agreement at the Village's option if the Contractor is found to have submitted a false certification as provided under Section 287.135(5), Florida Statures, if the Contractor has been placed on the Scrutinized Companies that Boycott Israel List created pursuant to Section 215.4725,Florida Statutes, or if Contractor is engaged in a boycott of Israel. For Contracts over $1M,the Contractor certifies that it is not on the Scrutinized Companies with Activities in Sudan 5 List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or the Scrutinized Companies that Boycott Israel List created pursuant to Section 215.4725, Florida Statutes. The Contractor further certifies that it is not engaged in a boycott of Israel, and that it does not have business operations in Cuba or Syria, as similarly provided in Section 287.135, Florida Statutes. The Village may terminate this Agreement at the Village's option if the Contractor is found to have submitted a false certification as provided under Section 287.135(5), Florida Statutes or if the Contractor has been placed on one of the aforementioned lists created pursuant to Section 215.4725, Florida Statutes. Additionally, the Village may terminate this Agreement at the Village's option if the Contractor is engaged in a boycott of Israel or has been engaged in business operations in Cuba or Syria,as defined in Section 287.135,Florida Statutes. 12. ATTORNEY'S FEES: In the event a dispute arises concerning this Agreement, the prevailing party shall be awarded attorney's fees, including fees on appeal. 13. CHOICE OF LAW; 'VENUE: This Agreement shall be governed and construed in accordance with the laws of the State of Florida,and venue shall be in Palm Beach County should any dispute arise with regard to this Agreement. 14. PUBLIC RECORDS: In accordance with Section 119.0701,Florida Statutes,the Renter must keep and maintain this Agreement and any other records associated therewith and that are associated with the performance of the work described in Scope of Services. Upon request from the Village's custodian of public records, the Renter must provide the Village with copies of requested records, or allow such records to be inspected or copied, within a reasonable time in accordance with access and cost requirements of Chapter 119,Florida Statutes.A Renter who fails to provide the public records to the Village, or fails to make them available for inspection or copying, within a reasonable time may be subject to attorney's fees and costs pursuant to Section 119.0701, Florida Statutes, and other penalties under Section 119.10, Florida Statutes. Further, the Renter shall ensure that any exempt or confidential records associated with this Agreement or associated with the provision of services contemplated herein are not disclosed except as authorized by law for the duration of the Agreement term, and following completion of the Agreement if the Renter does not transfer the records to the Village. Finally, upon completion of the Agreement,the Renter shall transfer,at no cost to the Village,all public records in possession of the Renter, or keep and maintain public records required by the Village. If the Renter transfers all public records to the Village upon completion of the Agreement, the Renter shall destroy any 6 duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Renter keeps and maintains public records upon completion of the Agreement, the Renter shall meet all applicable requirements for retaining public records.Records that are stored electronically must be provided to the Village, upon request from the Village's custodian of public records,in a format that is compatible with the Village's information technology systems. IF THE RENTER HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE RENTER'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, PLEASE CONTACT THE VILLAGE CLERK, RECORDS CUSTODIAN FOR THE VILLAGE, AT (561) 768-0685, OR AT lmcwMiamsc'a,teuuesta.org, OR AT 345 TEQUESTA DRIVE, TEQUESTA,FLORIDA 33469. 15. HEADINGS: The headings contained in this Agreement are provided for convenience only and shall not be considered in construing,interpreting or enforcing this Agreement. 16. SEVERABILITY: The invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability or any other provision of this Agreement and this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision is not contained herein. 17. WAIVER: No waiver by the Village of any provision of this Agreement shall be deemed to be a waiver of any other provisions hereof or of any subsequent breach by the Renter of the same, or any other provision or the enforcement hereof. The Village's consent to or approval of any act requiring the Village's consent or approval of any act by the Renter shall not be deemed to render unnecessary the obtaining of the Village's consent to or approval of any subsequent consent or approval of, whether or not similar to the act so consented or approved. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. 7 Attest: Village of Tequesta Date: U I I�J a N� Ow Lori McWilliams, MMC Molly Young Village Clerk OA,°' Fi1TFQG, Mayor SEAL = :INCORPORATED; (Village Seal) `.�,;q� 0 Name of Company: Sportstyme, Inc. (Project Name)Summer Camp 2026 Name of Person at company responsible for signingtitte: Dennis Foley Exhibit A ;rry y q t 4 Activity Proposal Form Camps C Your Name Company Name ► Contact Phone Number Contact E mail --�tCL � - Title of Camp Description of camp: Preferred start date Preferred end date Ak- Preferred Room - t Times camp will meet Ages of campers 1 Exhibit B Exhibit B- Playground Supervision Plan Sportstyme staff will do a head count before exiting the TRC gym and as they re-enter the gym.The Sportstyme Director will also do periodic head counts and remind the staff of the importance of head counts. All coach protocols will be followed by Sportstyme coaches whether inside or outside.A sight line needs to be maintained at all times with the individual coaches play groups. All coaches need to maintain a headcount of their individual group. In case of inclement weather,the group will be moved to a safe place immediately. Exhibit C Exhibit C- Restroom Supervision Plan Sportstyme staff will monitor all restroom breaks when campers exit the TRC gym for bathroom breaks. Staff will step outside white the camper is using the restroom or stand in the doorway of the door exiting the TRC gym in order to maintain visual contact while camper goes into and exits the restroom. Exhibit D Exhibit D- Neat Plan Advisory Sportstyme staff will monitor the weather conditions and provide as many water and inside breaks as needed to maintain our`'safe, fun, and secure" motto. \1 v Exhibit E Exhibit E- Drop off Pick Up Plan Parents will be notified at each Monday AM drop off that if they have chosen the late stay option they must park in a TRC parking spot and enter through the Sportstyme door on the side of the building to pick up their child. Exhibit F Exhibit F- List of staff qualifications, trainings and pre-screening All paid staff must be at least 16 years of age, apply online, and be interviewed before hiring. They must be fingerprinted and subsequently background checked.They must attend pre-camp training with the camp Director. Exhibit G Exhibit C- Emergency Action Plan The Sportstyme Director or substitute in their absence will have access at all times to the emergency contact information for Sportstyme parents/guardians. if 911 is called the TRC staff and emergency contact wilt be notified as soon as possible.