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HomeMy WebLinkAboutWinter Springs Senior Center, Inc- Program Quality Agreement-2009 11 18J y BROWN, GARGANESE, WEISS & UAGRESTA,1 T. OFfrH +E Cir�vFCLERK NOV 2 0 20r Attorn at Law Debra S. Babb- Nutcher° Joseph E. Blitch Usher L. Brown' Suzanne D'Agresta° Anthony A. Garganese° William E. Reischmann, Jr. J.W. Taylor Jeffrey S. Weiss Offices in Orlando, Ft. Lauderdale & Tampa Tara L. Barrett Vivian P. Cocotas Robin Gibson Drage Gregg A. Johnson Katherine W. Latorre° Bridgette M. Miller Alfred Truesdell 'Board Certified Civil Trial Lawyer °Board Certified City, County & Local Government Law Board Certified Appellate Practice Via U.S. Mail Andrea Lorenzo - Luaces, City Clerk City of Winter Springs 1126 E. S.R. 434 Winter Springs, FL 32708 Ncvembe, 18 2000 Re: Municipal Services Agreement/Winter Springs Senior Center, Inc. Dear Andrea: Gary M. Glassman Erin J. O'Leary' Amy J. Pitsch Catherine D. Reischmann° Of Counsel Enclosed for safekeeping is the original executed Municipal Services Agreement between the City and the Winter Springs Senior Center, Inc. If you have any questions, please give me a call Enclosure Fam 6 iee r htf t, Par a al to Anthony A. Garganese, City Attorney 111 N. Orange Ave, Suite 2000 • P.O. Box 2873.Oriando, Florida 32802 -2873 Orlando (407) 425 -9566 Fax (407) 425 -9596 • Kissimmee (321) 402 -0144 • Cocoa (866) 425 -9566 - Ft. Lauderdale (954) 670 -1979 Website: www.orlandolaw.net • Email: firm @orlandolaw.net MUNICIPAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this / r day of November, 2009, by and between the CITY OF WINTER SPRINGS, FLORIDA, a Florida municipal corporation ( "City ") and WINTER SPRINGS SENIOR CENTER, INC., Florida nonprofit corporation ( "Service Provider "). RECITALS: WHEREAS, the City desires to continue providing wholesome and entertaining programs, fur. -tions, and ser1;ces to its senior citizens; and WHEREAS, the City finds that these programs, functions, and services serve a public purposes; and WHEREAS, the Service Provider is a not - for - profit Florida corporation, which desires to continue providing senior programs, functions, and services for the benefit of the citizens of the City of Winter Springs; and WHEREAS, the City Council believes the programs and services to be provided through the programs of the Service Provider within the City of Winter Springs have and will continue to benefit all residents of the City, especially the seniors; and WHEREAS, the Service Provider has requested to assist the City in off - setting the costs associated with providing the programs, functions and services necessary to meet the needs and desires of the residents of the City; and WHEREAS, the parties recognize, this Agreement is necessary to ensure that the programs, functions and services provided pursuant to this Agreement ultimately serve the aforesaid public purpose; and WHEREAS, the parties agree that the services provided by the Service Provider hereunder are for the benefit of the public health, safety, welfare, convenience and morals of the citizens of the City of Winter Springs. NOW THEREFORE, in consideration of the mutual promises and covenants herein, and other good and valuable consideration which the parties agree has been exchanged and received the parties agree as follows: 1.0 Recitals. The foregoing recitals are deemed to be true and accurate and are fully incorporated herein by this reference. Municipal Services Agreement City of Winter Springs and Winter Springs Senior Center, Inc. Page 1 of 13 2.0 Definitions. For purposes of this Agreement, the following terms and words shall have the meaning ascribed to them, unless the context clearly indicates otherwise: (a) "Agreement" or "Contract" shall be used interchangeably and shall refer to this Agreement, as amended from time to time, which shall constitute authorization for the Service Provider to provide the Municipal Services stated herein. (b) "City" is the City of Winter Springs, a Florida municipal corporation. (c) 'Effective Date" shall be the date on which the last signatory hereto shall execute this Agreement, and it shall be the date on which this Agreement shall go into effect. The Agreement shall not be effective against any party until said date. (d) "Facilities" shall mean the senior center owned by the City and located on Edgemon Drive in Winter Springs, Florida. (e) "Funds" shall mean the monies paid by the City to the Service Provider in accordance with paragraph 4.0 of this Agreement, if any. (f) "Public Record" is as described in Section 119.011(1), Florida Statutes. (f) "Service Provider" is Winter Springs Senior Center, Inc., a Florida non - profit corporation. (g) "Work" or "Municipal Services" shall be used interchangeably and shall refer to the performance of the services outlined in paragraph 5.0 of this Agreement. (h) "Wrongfully Expended Funds" is defined in paragraph 15.0 of this Agreement. 3.0 Engagement. The City desires to maintain a recreational and cultural program for seniors which will be hosted primarily at the Facilities. In furtherance of this desire, the City hereby engages the Service Provider and the Service Provider agrees to perform the Municipal Services outlined in paragraph 5.0 of this Agreement under the terms and conditions herein. 4.0 Funds. Use of City of Winter Springs Senior Center Facilities. (a) The City is not be responsible for funding the municipal services provided by Service Provider under this Agreement. The parties recognize that Service Provider raises revenue through membership dues, donations, fees, and surplus proceeds earned through programs, services, and functions held by Service Provider from time -to -time ( "Revenue "). Service Provider agrees that this Revenue, less Service Provider's reasonable business expenses and charitable donations, will be used Municipal Services Agreement City of Winter Springs and Winter Springs Senior Center, Inc. Page 2 of 13 to fund programs, services, and functions provided by Service Provider under this Agreement. However, at the City's sole and absolute discretion, the City may choose to also fund, in whole or in part, other or supplemental programs, functions, and services for seniors at the Facilities. Said programs, functions, and services may be performed independent of those programs, functions, and services provided by Service Provider, or alternatively, they may be performed together with the Service Provider. Any funds provided by the City under this Agreement must be lawfully budgeted and appropriated for such purpose during the City's current fiscal year. (b) Subject to the provisions of Paragraph 8.0 ofthis Agreement, Service Provider shall have the use of the Facilities to provide the programs, functions, and services required by this Agreement. It is understood that the Service Provider may have the use of the Facilities for their membership activities provided said activities are in furtherance of, and consistent with, the programs, functions, and services required by this Agreement. 5.0 Municipal Services Provided by Service Provider In cooperation with the City, the Service Provider agrees, at its expense, to coordinate and provide programs, functions, and services for senior citizens at the Facilities. Said senior programs, functions, and services shall include: 5.1 Educational classes and seminars related to computers, driving, internet usage, Art, AARP sponsored programs, medical issues, and other informative topics deemed reasonable for a cultural and recreational senior center. 5.2 Exercise classes such as Tai Chi, Yoga, Jazzercise, swimming, and similar activities. 5.3 Dance classes and events. 5.4 BINGO pursuant to the terms and conditions of paragraph 7.0. 5.5 Recreational games such as Bridge, Billards, Cards, BUNCO, and similar activities subject to the terms and conditions of paragraph 7.0. 5.6 Organized breakfasts, luncheons and dinners. 5.7 Field trips to museums, events, or other attractions. 5.8 Book and movie clubs. 5.9 Other programs, functions, and services approved by Service Provider and the City. Municipal Services Agreement City of Winter Springs and Winter Springs Senior Center, Inc. Page 3 of 13 6.0 Additional Responsibilities of Service Provider. 6.1 Service Provider will provide and maintain a number of computers and printers for use by seniors at the Facilities. Said computers will have an internet connection. Service Provider agrees to provide, at its expense, the internet service and computer supplies such as paper, ink, and other supplies for the computers and printers. 6.2 Service Provider will provide an updated monthly calendar of senior programs, functions, and services. 6.3 Service Provider will provide and maintain an adequate stock of miscellaneous beverage supplies for the kitchen at the Facilities including coffee, tea, creamers, and milk. In addition, Service Provider will also provide and maintain miscellaneous paper products for the kitchen at the Facilities such as paper plates and utensils, paper towels, and napkins. The beverage supplies and paper products provided by the Service Provider shall only be used for the senior programs, functions, and services. 6.4 With the City's prior written approval, Service Provider may also provide and maintain other equipment and furniture at the Facilities. However, to the extent that the equipment and furniture is not donated to, and accepted by, the City, said equipment and furniture must be inventoried at all times by mutual agreement of the parties. In addition, such equipment and furniture, to the extent physically feasible, must be properly labeled by Service Provider with an identification tag or permanent marker evidencing Service Provider's ownership. Any of Service Provider's equipment or furniture located at the Facilities prior to the effective date of this Agreement, will be inventoried and tagged, or marked within thirty (30) days by mutual agreement of Service Provider and City. The City shall not be liable for any loss or damage to Service Provider's equipment and furniture located at the Facilities, unless such loss or damage was directly caused by a City employee. 6.5 Service Provider will be responsible for routine clean-up after every program, function, or service provided by Service Provider at the Facilities including, but not limited to, disposing of trash, removing debris from tables and the floor, washing dishes, pots, and utensils, and putting away items in their assigned place. 7.0 Gambling Prohibited. Gambling at the Facilities is strictly prohibited. In furtherance of this prohibition, Service Provider agrees to periodically advise its members of this prohibition at appropriate times, and to take such actions that are necessary to prohibit its members and any invitee thereof from gambling at the Facilities. Notwithstanding, in accordance with Florida law, the following activities shall not be considered gambling: (1) BINGO provided the BINGO activity is conducted in accordance with section 849.093 1, Florida Statutes, as may be amended; and (2) Penny -ante games defined and conducted in accordance with section 849.085, Florida Statutes, as may be amended. Service Provider shall familiarize itself with the aforementioned statutes. A Municipal Services Agreement City of Winter Springs and Winter Springs Senior Center, Inc. Page 4 of 13 copy of the current applicable statutes are attached hereto as EXHIBIT "A." 8.0 City's Use and Maintenance of Facilities Service Provider understands and agrees that the Facilities are owned by the City, and that as owners, the City has the priority right to use the Facilities for other municipal purposes, and to maintain said Facilities. Service Provider also understands and agrees that the municipal services provided by Service Provider hereunder may need to be rescheduled because of, or coordinated in advance with, the City's other scheduled events for the Facilities or the City's maintenance of the Facilities. Service Provider agrees to fully cooperate with the City in scheduling and conducting any programs, functions, and services at the Facilities. 9.0 Association Membership The parties recognize that Service Provider has adopted By -Laws whereby individuals, who are fifty -five years of age and older and residents of Seminole County, are eligible to become members of the association organized and managed by Service Provider. In addition, members are required to pay annual dues to become a member of the association. The City understands that this is a private membership organized under Florida corporate law. Further, the City agrees that the Service Provider may continue to offer this private membership opportunity in conjunction with the services provided hereunder. However, Service Provider understands and agrees that individuals do not have to become members of the association in order to use the Facilities. While Service Provider may explain the benefits and privileges of becoming a member of the association, Service Provider shall not represent to any individual, under any circumstance, that membership in the association is a condition for using the Facilities, or participating in a senior function, program, and service provided by the City under this Agreement. 10.0 Background Checks: Employment Restrictions 10.1 To the extent required by the City or law, Service Provider shall conduct criminal, civil and employment background checks on the officers, employees, and volunteers hired or retained by Service Provider. Upon request by the City, the results of these background checks shall be made immediately available to the City for inspection. 10.2 Service Provider shall not allow any of its officers, employees or volunteers to perform any services that are provided hereunder if said officer, employee or volunteer has been convicted, or found in violation of, any elder abuse statute including, but not limited to, section 825.102, Florida Statutes and chapter 415, Florida Statutes. For purposes of this subsection, the terms "convicted" or "found in violation of shall include not only a court adjudication of guilty or civil judgment in violation, but shall also include a plea of nolo contendere and any pending formal criminal charge or pending civil action brought against an officer, employee, or volunteer of Service Provider. 11.0 Facilities Rules Adopted by the City The City has the sole and absolute discretion to adopt rules and procedures for the use of the Facilities. Service Provider agrees to Municipal Services Agreement City of Winter Springs and Winter Springs Senior Center, Inc. Page 5 of 13 familiarize itself with the rules and procedures and to abide by them at all times. Moreover, Service Provider will enforce said rules and procedures against individuals or its members to the extent said individuals or members are participating in any services, functions, or programs provided by Service Provider hereunder. 12.0 Professionalism and Standard of Care. The Service Provider shall do, perform and carry out in a professional manner all services required to be performed by this Agreement. Service Provider shall also use the degree of care and skill in performing the services that are ordinarily exercised under similar circumstances by reputable members of Service Provider's profession working in the same or similar locality as Service Provider. 13.0 Submittal of Progress Reports On an annual basis, the Service Provider shall provide an annual financial report to the City. In addition, Service Provider shall submit upon request of the City a written progress report as to the status of all services set forth in this Agreement and to the success of the project. The report shall in a sufficient manner demonstrate that any Funds expended were used to provide senior programs, functions, and services to Facilities. If the detail in any report is not sufficient in the City Manager's reasonable discretion to permit the City to determine the financial status of the Service Provider, services performed or the manner in which services are being performed, the City may seek more detailed information from the Service Provider. Service Provider agrees to provide that information within a reasonable time period. 14.0 Warranty of Professional Services The Service Provider (for itself and any of its employees, contractors, partners, and agents used to perform the services provided hereunder) hereby warrants unto the City that all of its employees (and those of any of its contractors, partners, and agents used to perform the services) have sufficient experience to properly complete the services specified herein or as may be performed pursuant to this Agreement. In pursuit of any services, the Service Provider shall supervise and direct the services, using its best skill and attention and shall enforce strict discipline and good order among its employees. The Service Provider shall comply with all laws, ordinances, rules, regulations, and lawful orders of any public authority hearing on the performance of the services. 15.0 Services are a Private Undertaking. With regard to any and all services performed hereunder, it is specifically understood and agreed to by and between the parties hereto that the contractual relationship between the City and Service Provider is such that the Service Provider is an independent contractor and not an agent of the City. The Service Provider, its officers, contractors, partners, agents, volunteers, and their employees are independent contractors and not employees of the City. Nothing in this Agreement shall be interpreted to establish any relationship other than that of an independent contractor, between the City, on one hand, and the Service Provider, its officers, contractors, partners, employees, volunteers, or agents, during or after the performance of the services under this Agreement. 16.0 Compliance Monitoring. Service Provider agrees that City control and monitoring Municipal Services Agreement City of Winter Springs and Winter Springs Senior Center, Inc. Page 6 of 13 of any Funds provided by the City hereunder is necessary to insure that Service Provider is expending said Funds in furtherance of the public purposes declared by the City under this Agreement. 17.0 Public Records. Service Provider agrees that all documents, transactions, writings, papers, letters, tapes, photographs, sound recordings, data processing software, or other material, regardless of the physical form, characteristics, or means of transmission, made or received pursuant to this Agreement, or in connection with any Funds provided by the City and expended by Service Provider pursuant to this Agreement, are considered public records pursuant to Chapter 119, Florida Statutes. All public records shall be retained for a period of three (3) years after the termination of this Agreement, or after resolution of all on -going state or local audits, whichever occurs later. 18.0 Audit and Inspections. All Service Provider's records with respect to any matters covered by this Agreement shall be made available to the City, at any time during normal business hours, as often as the City deems necessary, to audit, examine, and make excerpts or transcripts of all relevant data. If said records are located on property owned, leased, or used by Service Provider or its officers, the City shall be given a right of entry onto said property for purposes of performing the audit and examination authorized by this paragraph. Any deficiencies noted in audit reports must be fully cleared by the Service Provider within thirty (3 0) days after receipt by the Service Provider. Failure of the Service Provider to comply with the above audit requirements will constitute a material breach of this Agreement and may result, at the sole discretion of the City, in the withholding of future Funds or immediate return to the City any Funds provided by this Agreement. 19.0 Civil Rights, The Service Provider agrees to comply with any and all federal, state and local civil rights laws, including, but not limited to Title VI of the Civil Rights Act of 1964 as amended; Title VII of Civil Rights Act of 1968 as amended; Section 109 of Title I of the Housing and Community Development Act of 1974; Section 504 of the Rehabilitation Act of 1973; the Americans with Disabilities Act of 1990; the Age and Discrimination Act of 1975; Executive Order 11063; and with Executive Order 11246 as amended by Executive Orders 11375 and 12086. 20.0 Nondiscrimination. The Service Provider will not discriminate against any person because of race, color, creed, religion, ancestry, national origin, sex, disability or other handicap, age, marital status, or status with regard to providing services under this Agreement. The Service Provider will take affirmative action to insure that all employment practices and services provided hereunder are free from such discrimination. Such employment practices include, but are not limited to, the following: hiring, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The Service Provider agrees to provide notice to all its existing and prospective officers, employees, and volunteers of the provisions of this nondiscrimination clause. 21.0 Representation and Warranties. Service Provider represents and warrants that it shall use any and all Funds received from the City under this Agreement for the sole purpose of Municipal Services Agreement City of Winter Springs and Winter Springs Senior Center, Inc. Page 7 of 13 performing the services provided in paragraph 5.0 herein. In the event the City provides said Funds, and Service Provider then fails to expend such Funds for said purpose (Wrongfully Expended Funds), Service Provider shall fully reimburse the City the Wrongfully Expended Funds plus interest calculated at maximum rate allowable under Florida law per annum. If the City must take any legal action to collect any Wrongfully Expended Funds, the Service Provider shall be liable for all costs incurred by the City to collect such Funds including, but not limited to, reasonable attorneys fees, filing fees, and other costs. 22.0 Severability. Should any paragraph or any part of any paragraph of this Agreement be rendered void, invalid, or unenforceable by any court of law, for any reason, such a determination shall not render void, invalid, or unenforceable any other paragraph or any part of any paragraph in this Agreement. 23.0 Choice of Law: Venue. This Agreement has been made and entered into in the State of Florida, County of Seminole, and the laws of such state shall govern the validity and interpretation of this Agreement and the performance due hereunder. The parties agree that venue shall be exclusively in Seminole County, Florida, for all state court actions or disputes which arise out of or based upon this Agreement, and in Orlando, Florida for all federal court actions or disputes which arise out of or are based upon this Agreement. 24.0 Integration: Modification. The drafting, execution, and delivery of this Agreement by the Parties has been induced by no representations, statements, warranties, or agreements other than those expressed herein. This Agreement embodies the entire understanding of the parties, and there are no further or other agreements or understandings, written or oral, in effect between the parties relating to the subject matter hereof unless expressly referred to herein. Modifications of this Agreement shall only be made in writing signed by both parties. 25.0 Attorney's Fees. Should either party bring an action under the terms and conditions of this Agreement, each party agrees to bear their own attorney's fees and costs in said action. 26.0 Headings. All headings in this Agreement are for convenience only and shall not be used to interpret or construe its provisions. 27.0 Waiver. Any waiver by City of any breach or violation of Service Provider's obligations under this Agreement shall not be construed as a continuing waiver or consent to any subsequent breach or violation. 28.0 Corporate Representations. Service Provider makes the following representations to City: 28.1 Service Provider is duly organized and in good standing under the laws of the Municipal Services Agreement City of Winter Springs and Winter Springs Senior Center, Inc. Page 8 of 13 State of Florida, and is duly qualified and authorized to carry on the functions, responsibilities, and obligations in this Agreement. 28.2 The undersigned signatory for Service Provider has the power, authority, and the legal right to enter into and perform the obligations set forth in this Agreement and all applicable exhibits thereto, and the execution, delivery, and performance hereof by Service Provider has been duly authorized by the board of directors and/or president of Service Provider. In support of said representation, Service Provider agrees to provide a copy to the City of a corporate certificate of good standing provided by the State of Florida prior to the execution of this Agreement. 29.0 No Joint Venture. No provision contained herein shall be construed as creating a joint venture between the parties. 30.0 Notices. Communication and details concerning this Agreement shall be directed to the following contact representatives: Attn: City Manager City of Winter Springs 1126 East S.R. 434 Winter Springs, Florida 32708 (407) 327 -5957 with copy to Anthony A. Garganese, City Attorney Brown, Garganese, Weiss & D'Agresta, P.A. P.O. Box 2873 Orlando, Florida 32802 -2873 407- 425 -9566 Attn: Gary W. Coffman, President Winter Springs Senior Center, Inc. 400 North Edgemon Avenue Winter Springs, Florida 32708 (407) 327 -4031 The foregoing addresses and representatives may be amended by any party at any time during the term of this Agreement by providing the other party written notice of said amendment. 31.0 Time of Performance/Term. Time is of the essence under this Agreement. The services provided by the Service Provider shall begin immediately upon execution of this Agreement. To the extent that the City has provided any Funds to Service Provider under this Agreement, and Service Provider has failed to expend all the Funds appropriated within a given year, the City, at its sole discretion, may require Service Provider to immediately return to the City any and all Funds not properly expended or allow Service Provider additional time to properly expend the Funds pursuant to this Agreement. Municipal Services Agreement City of Winter Springs and Winter Springs Senior Center, Inc. Page 9 of 13 32.0 Termination by City: Curing Defaults 32.1 The City may terminate this Agreement at any time, without penalty, by providing Service Provider with at least seven (7) calendar days written notice. However, the City may immediately terminate this Agreement if Service Provider has materially failed to comply with any term of this Agreement or discontinues (in the sole opinion of the City) providing the services required by this Agreement. Upon termination, Service Provider shall: (i) discontinue providing the services provided hereunder; (ii) remit to the City any Funds provided by the City that have not been expended; (iii) remove its property from the Facilities under the supervision of the City; and (iv) notify in writing its members, officers, employees, volunteers, and contractors of the termination. 32.2 If Service Provider is in default of any provision set forth in this Agreement, the City shall provide Service Provider with at least five (5) calendar days to cure the default prior to termination. If default has not been cured, to the satisfaction of the City, within the cure period, the City may, at its sole option, extend the time period to cure the default or terminate this Agreement. If the City terminates this Agreement for cause, it can elect any remedy provided by law, including, but not limited to, immediately requiring repayment of any and all of the Funds provided in paragraph 4.0 herein. In addition, the City may declare Service Provider ineligible to participate in any other City program, service, and function. 33.0 Indemnification and Hold Harmless. For all services performed pursuant to this Agreement, the Service Provider agrees to the fullest extent permitted by law, to indemnify and hold harmless the City, its employees, attorneys and officers, from and against all claims, losses, damages, personal injuries (including but not limited to death), or liability (including reasonable attorney's fees), directly or indirectly arising from, or out of the following: (a) the acts, errors, omissions, intentional or otherwise, arising out of or resulting from Service Provider's and its officers, employees, partners, contractors, volunteers, and agents performance of the services being performed under this Agreement; (b) Service Provider's, and its officers, employees, partners, contractors, volunteers, and agents failure to comply with the provisions of any federal, state, or local laws, ordinance, or regulations applicable to Service Provider and its officers, employees, partners, contractors, volunteers, and agents performance under this Agreement; (c) any fraud and misrepresentation conducted by Service Provider and its officers, employees, partners, contractors, volunteers, and agents against the City or any person participating in any program, function, and service conducted pursuant to this Agreement; (d) Service Provider's and its officers, employees, partners, contractors, volunteers, and agents failure to properly expend any Funds provided by the City pursuant to this Agreement. The indemnification provided above shall obligate the Service Provider to defend at its own expense or to provide for such defense, at the option of the City, of any and all claims of liability and all suits and actions of every name and description that may be brought against the City or its Municipal Services Agreement City of Winter Springs and Winter Springs Senior Center, Inc. Page 10 of 13 employees and officers which may result from the services performed under this Agreement whether the services are performed by the Service Providers, its officers, employees, contractors, partners, volunteers, and agents or anyone directly or indirectly employed by the Service Provider. In all event the City shall be permitted to choose legal counsel of its sole choice, the fees for which shall be reasonable and subject to and included with the indemnification provided herein. 34.0 Assignment, This Agreement shall not be assigned by Service Provider. 35.0 Bankruptcy The Service Provider hereby warrants and guarantees unto the City that it has not filed for bankruptcy or is subject to appointment of a receiver as of the Effective Date hereof. If Service Provider has filed for or files for bankruptcy, should be adjudged bankrupt, is subject to appointment of a receiver, or makes a general assignment for the benefit of creditors, the City, upon not less than three (3) days written notice to the Service Providers, without prejudice to other remedies or rights that the City may have, may terminate this Agreement and require immediate repayment of any Funds provided by the City that have not been expended by Service Provider pursuant to this Agreement or Wrongfully Expended Funds. 36.0 No City Obligation for Future Funds No provision in this Agreement shall be construed as requiring the City to provide any funds for municipal services under this Agreement or at any time in the future, other than as specifically provided herein. 37.0 Insurance Requirements. For all programs, functions, and services provided by Service Provider under this Agreement, including any and all programs, functions, and services provided and performed by Service Provider and by authorized contractors hired by Service Provider hereunder, the Service Provider shall purchase and maintain, at its own expense, such general liability insurance to cover claims for damages because of bodily injury or death of any person or property damage arising in any way out of the programs, functions, and services performed by Service Provider and its authorized contractors under this Agreement. The insurance shall have minimum limits of coverage of $1,000,000.00 per occurrence combined single limit for bodily injury liability and property damage liability. All insurance coverage shall be insurer(s) approved by the City Manager and licensed by the state of Florida to engage in business of writing of insurance. The City shall be named on the foregoing insurance policies as "additional insured." The Service Provider shall cause its insurance carriers to furnish insurance certificates and endorsements specifying the types and amounts of coverage and effect pursuant hereto, the expiration date on such policies, and the statement that no insurance under such policies will be cancelled without thirty (30) days prior written notice to the City in compliance with other provisions of this Agreement. The Service Provider shall be solely responsible to pay any deductible, if any, relating to any claim made against the insurance coverages and policies provided under this Agreement. If the City has any objection to the coverage afforded by or other provision of the insurance required to be purchased and maintained by the Service Provider in accordance with this paragraph on the basis of its not complying with the Agreement, the City shall notify the Service Provider in writing thereof within thirty (30) days of the date of deliver of such certificates and endorsements to the City. For all Municipal Services Agreement City of Winter Springs and Winter Springs Senior Center, Inc. Page 11 of 13 programs, functions, and services permitted and occurring under this Agreement, including any and all programs, functions, and services provided and performed by Service Provider and by authorized contractors, the Service Provider shall continuously maintain such insurance in the amount, type, and quality as required by this paragraph. [Intentionally left blank, execution on the following page] Municipal Services Agreement City of Winter Springs and Winter Springs Senior Center, Inc. Page 12 of 13 IN WITNESS WHEREOF, this Agreement is entered into as of the day and year the last Party signs this Agreement as stated below. WITNE S: Print Nami , e: F1W W Lorenzo - Luaces, City Clerk WINTER SPRINGS SENIOR CENTER, INC. C Its: President Date: CITY OF WINTER SPRINGS: 7. John F. Bush, Mayor Date: /l 1-- D / Municipal Services Agreement City of Winter Springs and Winter Springs Senior Center, Inc. Page 13 of 13 Statutes & Constitution :View Statutes : flsenate.gov Page 1 of 5 EXHIBIT Select Year: ,2009 `._- � The 2oog Florida Statutes Title XLVI Chapter 849 CRIMES GAMBLING View Entire Chapter 849.0931 Bingo authorized; conditions for conduct; permitted uses of proceeds; limitations. -- (1) As used in this section: (a) "Bingo game" means and refers to the activity, commonly known as "bingo," in which participants pay a sum of money for the use of one or more bingo cards. When the game commences, numbers are drawn by chance, one by one, and announced. The players cover or mark those numbers on the bingo cards which they have purchased until a player receives a given order of numbers in sequence that has been preannounced for that particular game. This player calls out "bingo" and is declared the winner of a predetermined prize. More than one game may be played upon a bingo card, and numbers called for one game may be used for a succeeding game or games. (b) "Bingo card" means and refers to the flat piece of paper or thin pasteboard employed by players engaged in the game of bingo. The bingo card shall have not fewer than 24 playing numbers printed on it. These playing numbers shall range from 1 through 75, inclusive. More than one set of bingo numbers may be printed on any single piece of paper. (c) "Charitable, nonprofit, or veterans' organization" means an organization which has qualified for exemption from federal income tax as an exempt organization under the provisions of s. 501(c) of the Internal Revenue Code of 1954 or s. 528 of the Internal Revenue Code of 1986, as amended; which is engaged in charitable, civic, community, benevolent, religious, or scholastic works or other similar activities; and which has been in existence and active for a period of 3 years or more. (d) "Deal" means a separate set or package of not more than 4,000 instant bingo tickets in which the predetermined minimum prize payout is at least 65 percent of the total receipts from the sale of the entire deal. (e) "Flare" means the board or placard that accompanies each deal of instant bingo tickets and that has printed on or affixed to it the following information: 1. The game name. 2. The manufacturer's name or distinctive logo. 3. The form number. 4. The ticket count. 5. The prize structure, including the number of symbols or number combinations for winning instant bingo tickets by denomination, with their respective winning symbols or number combinations. 6. The cost per play. 7. The game serial number. (f) "Instant bingo" means a form of bingo that is played at the same location as bingo, using tickets http: / /www.flsenate.gov/ statutes /index.cfm ?p =2 &mode =View Statutes &SubMenu= 1 &Ap... 11/9/2009, Statutes & Constitution :View Statutes : flsenate.gov Page 2 of S by which a player wins a prize by opening and removing a cover from the ticket to reveal a set of numbers, letters, objects, or patterns, some of which have been designated in advance as prize winners. (g) "Objects" means a set of 75 balls or other precision shapes that are imprinted with letters and numbers in such a way that numbers 1 through 15 are marked with the letter "B," numbers 16 through 30 are marked with the letter 1," numbers 31 through 45 are marked with the letter "N," numbers 46 through 60 are marked with the letter "G," and numbers 61 through 75 are marked with the letter "0." (h) "Rack" means the container in which the objects are placed after being drawn and announced. (i) "Receptacle" means the container from which the objects are drawn or ejected. (j) "Session" means a designated set of games played in a day or part of a day. (2)(a) None of the provisions of this chapter shall be construed to prohibit or prevent charitable, nonprofit, or veterans' organizations engaged in charitable, civic, community, benevolent, religious, or scholastic works or other similar endeavors, which organizations have been in existence and active for a period of 3 years or more, from conducting bingo games or instant bingo, provided the entire proceeds derived from the conduct of such games, less actual business expenses for articles designed for and essential to the operation, conduct, and playing of bingo or instant bingo, are donated by such organizations to the endeavors mentioned above. In no case may the net proceeds from the conduct of such games be used for any other purpose whatsoever. The proceeds derived from the conduct of bingo games or instant bingo shall not be considered solicitation of public donations. (b) It is the express intent of the Legislature that no charitable, nonprofit, or veterans' organization serve as a sponsor of a bingo game or instant bingo conducted by another, but such organization may only be directly involved in the conduct of such a game as provided in this act. (3) If an organization is not engaged in efforts of the type set out above, its right to conduct bingo games hereunder is conditioned upon the return of all the proceeds from such games to the players in the form of prizes. If at the conclusion of play on any day during which a bingo game is allowed to be played under this section there remain proceeds which have not been paid out as prizes, the organization conducting the game shall at the next scheduled day of play conduct bingo games without any charge to the players and shall continue to do so until the proceeds carried over from the previous days played have been exhausted. This provision in no way extends the limitation on the number of prize or jackpot games allowed in one day as provided for in subsection (5). (4) The right of a condominium association, a cooperative association, a homeowners' association as defined in s. 720.301 a mobile home owners' association, a group of residents of a mobile home park as defined in chapter 723, or a group of residents of a mobile home park or recreational vehicle park as defined in chapter 513 to conduct bingo is conditioned upon the return of the net proceeds from such games to players in the form of prizes after having deducted the actual business expenses for such games for articles designed for and essential to the operation, conduct, and playing of bingo. Any net proceeds remaining after paying prizes may be donated by the association to a charitable, nonprofit, or veterans' organization which is exempt from federal income tax under the provisions of s. 501(c) of the Internal Revenue Code to be used in such recipient organization's charitable, civic, community, benevolent, religious, or scholastic works or similar activities or, in the alternative, such remaining proceeds shall be used as specified in subsection (3). (5) Except for instant bingo prizes, which are limited to the amounts displayed on the ticket or on the game flare, a jackpot shall not exceed the value of $250 in actual money or its equivalent, and there shall be no more than three jackpots in any one session of bingo. http: / /www.flsenate.gov /statutes /index.cfin ?p=2 &mode =View Statutes &SubMenu= 1 &Ap... 11/9/2009 -Statutes & Constitution :View Statutes: flsenate.gov Page 3 of 5 (6) Except for instant bingo, which is not limited by this subsection, the number of days per week during which organizations authorized under this section may conduct bingo shall not exceed two. (7) Except for instant bingo prizes, which are limited to the amounts displayed on the ticket or on the game flare, there shall be no more than three jackpots on any one day of play. All other game prizes shalt not exceed $50. (8) Each person involved in the conduct of any bingo game or instant bingo must be a resident of the community where the organization is located and a bona fide member of the organization sponsoring such game and may not be compensated in any way for operation of such game. When bingo games or instant bingo is conducted by a charitable, nonprofit, or veterans' organization, the organization conducting the games must designate up to three members of that organization to be in charge of the games, one of whom shall be present during the entire session at which the games are conducted. The organization conducting the games is responsible for posting a notice, which notice states the name of the organization and the designated member or members, in a conspicuous place on the premises at which the session is held or instant bingo is played. A caller in a bingo game may not be a participant in that bingo game. (9) Every charitable, nonprofit, or veterans' organization involved in the conduct of a bingo game or instant bingo must be located in the county, or within a 15 -mile radius of, where the bingo game or instant bingo is located. (10)(a) No one under 18 years of age shall be allowed to play any bingo game or instant bingo or be involved in the conduct of a bingo game or instant bingo in any way. (b) Any organization conducting bingo open to the public may refuse entry to any person who is objectionable or undesirable to the sponsoring organization, but such refusal of entry shall not be on the basis of race, creed, color, religion, sex, national origin, marital status, or physical handicap. (11) Bingo games or instant bingo may be held only on the following premises: (a) Property owned by the charitable, nonprofit, or veterans' organization. (b) Property owned by the charitable, nonprofit, or veterans' organization that will benefit by the proceeds. (c) Property leased for a period of not less than 1 year by a charitable, nonprofit, or veterans' organization, providing the tease or rental agreement does not provide for the payment of a percentage of the proceeds generated at such premises to the lessor or any other party and providing the rental rate for such premises does not exceed the rental rates charged for similar premises in the same locale. (d) Property owned by a municipality or a county when the governing authority has, by appropriate ordinance or resolution, specifically authorized the use of such property for the conduct of such games. (e) With respect to bingo games conducted by a condominium association, a cooperative association, a homeowners' association as defined in s. 720.301 a mobile home owners' association, a group of residents of a mobile home park as defined in chapter 723, or a group of residents of a mobile home park or recreational vehicle park as defined in chapter 513, property owned by the association, property owned by the residents of the mobile home park or recreational vehicle park, or property which is a common area located within the condominium, mobile home park, or recreational vehicle park. (12) Each bingo game shall be conducted in accordance with the following rules: http: / /www.flsenate.gov /statutes /index.cfm ?p =2 &mode =View Statutes &SubMenu= 1 &Ap... 11/9/2009 Statutes & Constitution :View Statutes : flsenate.gov Page 4 of 5 (a) The objects, whether drawn or ejected, shall be essentially equal as to size, shape, weight, and balance and as to all other characteristics that may control their selection from the receptacle. The caller shall cancel any game if, during the course of a game, the mechanism used in the drawing or ejection of objects becomes jammed in such a manner as to interfere with the accurate determination of the next number to be announced or if the caller determines that more than one object is labeled with the same number or that there is a number to be drawn without a corresponding object. Any player in a game canceled pursuant to this paragraph shall be permitted to play the next game free of charge. (b) Prior to commencement of any bingo session, the member in charge shall cause a verification to be made of all objects to be placed in the receptacle and shall inspect the objects in the presence of a disinterested person to ensure that all objects are present and that there are no duplications or omissions of numbers on the objects. Any player shalt be entitled to call for a verification of numbers before, during, and after a session. (c) The card or sheet on which the game is played shall be part of a deck, group, or series, no two of which may be alike in any given game. (d) All numbers shall be visibly displayed after being drawn and before being placed in the rack. (e) A bona fide bingo shall consist of a predesignated arrangement of numbers on a card or sheet that correspond with the numbers on the objects drawn from the receptacle and announced. Errors in numbers announced or misplaced in the rack may not be recognized as a bingo. (f) When a caller has started to vocally announce a number, the caller shall complete the call. If any player has obtained a bingo on a previous number, such player will share the prize with the player who gained bingo on the last number called. (g) Numbers on the winning cards or sheets shall be announced and verified in the presence of another player. Any player shall be entitled at the time the winner is determined to call for a verification of numbers drawn. The verification shall be in the presence of the member designated to be in charge of the occasion or, if such person is also the caller, in the presence of an officer of the licensee. (h) Upon determining a winner, the caller shall ask, "Are there any other winners ?" If no one replies, the caller shall declare the game closed. No other player is entitled to share the prize unless she or he has declared a bingo prior to this announcement. (i) Seats may not be held or reserved by an organization or person involved in the conduct of any bingo game for ptayers not present, nor may any cards be set aside, held, or reserved from one session to another for any player. (13)(a) Instant bingo tickets must be sold at the price printed on the ticket or on the game flare by the manufacturer, not to exceed $1. Discounts may not be given for the purchase of multiple tickets, nor may tickets be given away free of charge. (b) Each deal of instant bingo tickets must be accompanied by a flare, and the flare must be posted before the sale of any tickets in that deal. (c) Each instant bingo ticket in a deal must bear the same serial number, and there may not be more than one serial number in each deal. Serial numbers printed on a deal of instant bingo tickets may not be repeated by the manufacturer on the same form for a period of 3 years. (d) The serial number for each deal must be clearly and legibly placed on the outside of each deal's package, box, or other container. http: / /www.flsenate.gov /statutes /index.cfm ?p =2 &mode =View Statutes &SubMenu= 1 &Ap... 11/9/2009 Statutes & Constitution :View Statutes: flsenate.gov Page 5 of 5 (e) Instant bingo tickets manufactured, sold, or distributed in this state must comply with the applicable standards on pull -tabs of the North American Gaming Regulators Association, as amended. (f) Except as provided under paragraph (e), an instant bingo ticket manufactured, sold, or distributed in this state must: 1. Be manufactured so that it is not possible to identify whether it is a winning or losing instant bingo ticket until it has been opened by the player as intended. 2. Be manufactured using at least a two -ply paper stock construction so that the instant bingo ticket is opaque. 3. Have the form number, the deal's serial number, and the name or logo of the manufacturer conspicuously printed on the face or cover of the instant bingo ticket. 4. Have a form of winner protection that allows the organization to verify, after the instant bingo ticket has been played, that the winning instant bingo ticket presented for payment is an authentic winning instant bingo ticket for the deal in play. The manufacturer shall provide a written description of the winner protection with each deal of instant bingo tickets. (g) Each manufacturer and distributor that sells or distributes instant bingo tickets in this state to charitable, nonprofit, or veterans' organizations shall prepare an invoice that contains the following information: 1. Date of sale. 2. Form number and serial number of each deal sold. 3. Number of instant bingo tickets in each deal sold. 4. Name of distributor or organization to whom each deal is sold. 5. Price of each deal sold. All information contained on an invoice must be maintained by the distributor or manufacturer for 3 years. (h) The invoice, or a true and accurate copy thereof, must be on the premises where any deal of instant bingo tickets is stored or in play. (14) Any organization or other person who willfully and knowingly violates any provision of this section commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. For a second or subsequent offense, the organization or other person commits a felony of the third degree, punishable as provided in s. 775.082 s. 775.083 or s. 775.084. History. - -ss. 1, 6, ch. 92 -280; s. 1, ch. 93 -160; s. 1, ch. 94 -326; s. 1363, ch. 97 -102; s. 13, ch. 99- 382; ss. 59, 70, ch. 2000 -258; ss. 27, 28, ch. 2001 -64; s. 2, ch. 2007 -228. Disclaimer: The information on this system is unverified. The journals or printed bills of the respective chambers should be consulted for official purposes. Copyright ® 2000 -2006 State of Florida. http: / /www.flsenate.gov/ statutes /index.cfm ?p =2 &mode =View Statutes &SubMenu= 1 &Ap... 11/9/2009 Statutes & Constitution :View Statutes : flsenate.gov Select Year: 12009 The 2oo9 Florida Statutes Title XLVI Chapter 849 CRIMES GAMBLING 849.085 Certain penny -ante games not crimes; restrictions. -- View Entire Chapter (1) Notwithstanding any other provision of law, it is not a crime for a person to participate in a game described in this section if such game is conducted strictly in accordance with this section. (2) As used in this section: (a) "Penny -ante game" means a game or series of games of poker, pinochle, bridge, rummy, canasta, hearts, dominoes, or mah -jongg in which the winnings of any player in a single round, hand, or game do not exceed $10 in value. Page 1 of 1 (b) "Dwelling" means residential premises owned or rented by a participant in a penny -ante game and occupied by such participant or the common elements or common areas of a condominium, cooperative, residential subdivision, or mobile home park of which a participant in a penny -ante game is a unit owner, or the facilities of an organization which is tax - exempt under s. 501(c)(7) of the Internal Revenue Code. The term "dwelling" also includes a college dormitory room or the common recreational area of a college dormitory or a publicly owned community center owned by a municipality or county. (3) A penny -ante game is subject to the following restrictions: (a) The game must be conducted in a dwelling. (b) A person may not receive any consideration or commission for allowing a penny -ante game to occur in his or her dwelling. (c) A person may not directly or indirectly charge admission or any other fee for participation in the game. (d) A person may not solicit participants by means of advertising in any form, advertise the time or place of any penny -ante game, or advertise the fact that he or she will be a participant in any penny -ante game. (e) A penny -ante game may not be conducted in which any participant is under 18 years of age. (4) A debt created or owed as a consequence of any penny -ante game is not legally enforceable. (5) The conduct of any penny -ante game within the common elements or common area of a condominium, cooperative, residential subdivision, or mobile home park or the conduct of any penny -ante game within the dwelling of an eligible organization as defined in subsection (2) or within a publicly owned community center owned by a municipality or county creates no civil liability for damages arising from the penny -ante game on the part of a condominium association, cooperative association, a homeowners' association as defined in s. 720.301 mobile home owners' association, dwelling owner, or municipality or county or on the part of a unit owner who was not a participant in the game. History. - -s. 1, ch. 89 -366; s. 33, ch. 91 -197; s. 1358, ch. 97 -102; s. 12, ch. 99 -382; ss. 58, 70, ch. 2000 -258. Disclaimer: The information on this system is unverified. The journals or printed bills of the respective chambers should be consulted for official purposes. Copyright ® 2000 -2006 State of Florida. http: / /www.flsenate.gov/ statutes /index.cfm ?p =2 &mode =View Statutes &SubMenu= 1 &Ap... 11/9/2009