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Home My Public Portal AboutBoys & Girls Club of the Emerald Coast- Afterschool ProgramMEMORANDUM OF AGRE,,,vIENT BY AND BETWEEN CITY OF CRESTVIEW, CRESTVIEW, FLORIDA AND BOYS AND GIRLS CLUB OF THE EMERALD COAST This agreement is entered into between the Boys and Girls Club of the Emerald Coast and the City of Crestview, Crestview, Florida to establish an after school program at the City of Crestview Facility known as Allen Park. TERM OF AGREEMENT a. The agreement shall become effective on August 17,2015, or on the date on which the agreement has been signed by both parties, whichever is later and shall terminate upon the on June 2, 2016 b. The Agreement may be extended for additional periods by mutual written consent of the parties. Renewal shall be contingent upon the mutual benefit for the parties. 1. PROJECT COORDINATORS All questions concerning administration of this agreement and all notices hereunder should be addressed to: CITY OF CRESTVIEW: Elizabeth M Roy Wayne Steele City Clerk Public Works Director 198 Wilson Street N 850-682-6132 Crestview, FL 32536 Ph. 850-682-1560 BGCEC: Shery in Rossa Rita Cummins CEO VP0 923 Denton Blvd 923 Denton Blvd FWB, Fl 32547 FWB, Fl 32547 Ph. 850-862-1616 Ph. 850-862-1616 ' , AGREEMENT GLJIDELINES: Under the Agreement, the Boys and Girls club will provide the following servies to the youth of Crestview: • A positive and enriching after school expereience when school is out to put students on the path to success Provide free after school snacks for all Club Members through the Bay Area Food Bank Provide family support and enrichement programming to support families and promote parental involvement in student's success. Provide results driven programming to members to include 3 Prioity Areas: 1. Academic Success 2. Good Character and Citizenship 3. Healthy lifestyles The City of Crestview' will provide: • Access to Open Room and Conference Room for Programming • Access to outdoor play area • Space in the faciltiy for 2 lockable cabinets • BGC staff work in partnership with City Administrative Staff • Open communication between City Adminstration and Club Director Suitable Storage space for the BGC Equipement and Records (BGC may secure at thie own expense to meet their desired level of security) 2. NO COMPENSATION The parties acknowledge that this is a zero dollar agreement and that no funds will be exchanged for services detailed in the agreement. The City does request that preference be given to City of Crestview residents as far as the operating standards of the Boys and Girls Club will allow. Also, the City requests that City residents be allowed access to the Facility, as far as possible without interfering the the normal operations of the Boys and Girls Club Operations. 3. LIMITATION OF LIABILITY Each party hereby assumes any and all risk of personal injury and property damage attributable to the negligent act or omission of that party and the officers, employees, and agents thereof. The Boys and Girls Club will be required to provide Liability insurance in the amount of $1,000,000 General, $1,000,000 Automobile, and $5,000,000 Umbrella with the City of Crestview as the Certificate Holder and Additional Insured. The Boys and Girls Club of the Emerald Coast, a Florida corporation, agrees to Indemnity and Hold Harmless the City of Crestview, its officers, agents, employees, volunteers and insurers from any and all liability, claims, demands, causes of action, indebtedness, damages, losses, consequential damages, personal injury, liabilities and obligations of every kind and nature, including defense costs for attorney's and other fees, and expenses incidental to defense, 1,vhether or not suit is filed, the City of Crestview may suffer as a result of claims, demands, costs or judgments against it arising from use of City facilities commonly known as Allen Park , for the period of August 17, 2015 to June 2, 2016. 4. TERMINATION Either party may terminate this agreement at any time, with or without cause, upon no less than thirty (30) calendar days notice in writing to the other party by hand delivery or Certified Mail, Return Receipt Requested. 5. NON ASSIGNMENT This agreement shall not be assignable, in whole or in part, by either party without the prior written consent of the other party hereto. If any party to this agreement is permitted to assign or subcontract any obligation or obligations under this agreement, the party shall cause any such permitted assignee or subcontractor to agree to comply with all applicable provisions of this agreement. 6. SEVERABILITY If any part of anv provision of this agreement or any other agreement, document or writing given pursuant to or in connection with this agreement shall be invalid or unenforceable under applicable law, the part shall be ineffective to the extent of such invalidity unenforceabilily only, withou any way affecting the remaining parts of the provision or the remaining provisions of this agreement. 7. APPLICABLE LAW This agreement shall be construed and interpreted according to the laws of the State of Florida. This agreement contains the entire covenants and agreements of the parties hereto and supersedes all prior agreements, contracts, representation and understandings, written or otherwise, between the parties relating to the subject matter herein. 8. SOVEREIGN IMMUNITY. Nothing in this Agreement is intended to nor shall be construed to waive the City of Crestview's rights and immunities under the Florida Constitution, Common law, or Florida Statutes §768.28, as amended from time to time. MODIFICATION OF AGREEMENT This four (4) page Memorandum of Agreement may only be changed or modified by written amendment executed by both parties. This agreement is not a binding contract. ft is an expression of mutual cooperation that will guide the proposed project. GILL - David Cadle, IvIavor City of Crestview 198 N. Wilson Street Crestview, Fl 32336 Boys and Girls Club of the Emerald Coast :•1;:6 A&L (7"? Eliza/eth M. Roy, City Clerk City of Crestview 198 N. Wilson Street Crestview, Fl 32536 HARMLESS AGREEMENT �rJ ��VVL�-��|L� �2wst a Florida corporation, agrees to indemnity and hold harmless the ty of Crestview, its officers, agents, employees, volunteers and insurers from any and all |iabi|ity, claims, demands, causes of action, indebtedness, damages, losses, consequential damages, personal injury, liabilities and obligations of every kind and nature, including defense costs for attorney'sand other fees, and expenses incidental to defense, whether or not suit is filed, the City of Crestview may suffer asa result claims, demands, costs or judgments against it arisinghmm use of City facilit es commonly known as R vr) Fhf �— , for the period/Date <W I I -� )) t� — I '[.�,J�\/l>�\L/ o HOL 1) , further agrees toprovide the City of Crestview Certificate of Insurance naming the City of Crestview as an Additional Insured and Certificate Holder for it general liability insurance policy for coverage of not less than $1,000,000.00. (corporate name) By: _ShenvinRassa (corporate officer's name) Its: CEO (corporate officer's title) Acknowledged before me this day of a^k /8+- by OFFICtAL NOTARY SM Lmefta A.Gcardina Commission No. FF1902 WvCommission Expires June 28.2O17 � � X41—�~�'-`-°r- NotaryPub|hchc Commission Expires: d / -J Personally Known VORProduced|dentification ACQRO� �,,,,, �...RTIFIGATE OF LIABILITY IN..,�4tANGE DATE (MM/DD/YYYY) 8/17/2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER McMahon-Hadder Insurance, Inc. 375 North 9th Ave., Suite A Pensacola FL 32502 CONTACT Melanie Johnson, CISR NAME: WC No Extr (850) 484-7011 FAX (AM Noi: MO) 474-5201 E-MAIL ADDRESS: melaniemcmahonhadder.com INSURER(S) AFFORDING COVERAGE NAIC S INSURER •Markel Insurance Company INSURED Boys & Girls Clubs of the Emerald Coast, Inc 923 Denton Blvd. NW Fort Walton Beach FL 32547 INSURER B :Guarantee Insurance Company INSURER C: INSURER D : INSURER E : INSURER F: COVERAGES CERTIFICATE NUMBER: 5/16 WC REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE 11501 INSD SUBR WVD POLICY NUMBER POLICY EFF (MMMD/YYYY) POLICY EXP AMM/DD/YYVY) LIMITS A X COMMERCIAL GENERAL LIABILITY X 8502CY102258-16 12/31/2014 12/31/2015 EACH OCCURRENCE $ 1, 000,000 DAMAGE TO RENTED PREMISES (Ea occurrence) $ 100,000 I CLAIMS -MADE I X OCCUR MEDEXP(Any one person) S 5,000 PERSONAL &ADVINJURY $ 1,000,000 GENERAL AGGREGATE $ 3 , 000 , 000 GEN1. XPOLICY AGGREGATE LIMIT APPLIES I PRO- 1 JECT 1 OTHER: PER LOC PRODUCTS - COMP/OP AGG $ 3 ,000,000 Misc Professional Liability - S 3 ,000,000 A AUTOMOBILE X LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED NUTOS ON -OWNED AUTOS 8502CY102256-16 I 12/31/2014 12/31/2015 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 BODILY INJURY (Per person) S $ BODILY INJURY (Pe raccident) PROPERTY DAMAGE (Per accident) $ Hired/Non-owned Auto Liability $ 1, 000,000 A X 1 UMBRELLA LIAe EXCESSLIAB X OCCUR CLAIMS -MADE 4602CY269023-11 i12/31/2014 12/31/2015 EACH OCCURRENCE $ 5,000,000 AGGREGATE $ 5_000,000 $ QED X RETENTION$ 10,000 WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MB (mandatory In H) EXCLUDED? (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below Y / N N N / A ' WCP100690602GZC 4/1/2015 4/1/2016 }( PER . OTH- STATUTE E ER E.L. EACH ACCIDENT $ 1,000,000 EL DISEASE -EA EMPLOYEE $ 1 000,000 , E L. DISEASE - POLICY LIMIT $ 1, 000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space Is required) Certificate holder is an additional insured with respect to general liability subject to written contract requirement. ERTIFICATE HOLDER CANCELLATION (850)682-7359 City of Crestview 198 N. Wilson Crestview, FL 32539 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE D Rentz, AAI/LAUREN ram- - r', r's) 7!,"~ ACORD 25 (2014/01) INS025oniaml O 1988.2014 ACORD CORPORATION. All rights reserved, The ACORD name and logo are registered marks of ACORD