HomeMy WebLinkAboutR-2020-136 BC School Board Reciprocal Use Agreement for City and School Board FacilitiesRESOLUTION NO.2020-136
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO
EXECUTE A RECIPROCAL USE AGREEMENT WITH THE SCHOOL
BOARD OF BROWARD COUNTY, FLORIDA, A COPY OF WHICH IS
ATTACHED TO THIS RESOLUTION, RELATING TO THE MUTUAL AND
RECIPROCAL USE BY THE CITY AND THE BOARD OF CITY AND
SCHOOL BOARD FACILITIES; PROVIDING FOR CONFLICTS; FURTHER,
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, partnerships instill a sense of civic pride and responsibility in students that
will last far beyond their educational experience; and
WHEREAS, cities and schools may share resources to support each other's goals and
objectives; and
WHEREAS, this collaboration provides the opportunity to develop a seamless,
communication infrastructure between City officials, City staff and their counterparts in the
School District; and
WHEREAS, the City, as part of its recreation program, wishes to provide additional
outdoor playground recreation facilities for its citizens; and
WHEREAS, the School Board of Broward County (SBBC), as the controlling body of
the district schools of Broward County, Florida owns, operates and maintains various facilities
throughout the county, including elementary, middle and high schools, vocational sites, training
facilities and equipment in the City of Dania Beach suitable for use by City in its municipal
programs; and
WHEREAS, SBBC wishes to provide additional facilities for its programming; and
WHEREAS, City owns, operates and maintains numerous facilities suitable for use by
SBBC for its educational, and training programs; and
WHEREAS, City and SBBC have determined that entering into numerous agreements
for the use of each other's facilities on a case -by -case basis will result in the expense of
additional administrative time and resources; and
WHEREAS, City and SBBC believe that a formal agreement providing reciprocal use of
each other's facilities will be of mutual benefit to all parties.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH, FLORIDA:
Section 1. That the City Commission authorizes the proper City officials to execute a
Reciprocal Use Agreement with the Broward County School Board, a copy of which is attached
as Exhibit "A" and is made a part of and is incorporated into this Resolution by this reference,
relating to the mutual use by the City and Board of City and School Board facilities in Dania
Beach, Florida.
Section 2. That the City Manager and the City Attorney are authorized to make
minor revisions to the Reciprocal Use Agreement as are deemed necessary and proper for the
best interests of the City.
Section 3. That all resolutions or parts of resolutions in conflict with this Resolution
are repealed to the extent of such conflict.
Section 4. That this Resolution shall be in force and take effect immediately upon its
passage and adoption.
PASSED AND ADOPTED on October 27, 2020.
ATTEST:
THOMAS SCHNEIDER, CMC Ilk L) bRI,L"V
CITY CLERK to. MAYOR
44, SHE
APPROVER AS TO FORM AND CORREC S:
THOMAS J.
CITY ATTO
2 RESOLUTION #2020-136
RECIPROCAL USE AGREEMENT
THIS AGREEMENT, made and entered into this day of
2020, by and between:
THE SCHOOL BOARD OF BROWARD COUNTY, FLORIDA
(hereinafter referred to as "SBBC"),
a political subdivision of the State of Florida
having its principal place of business at
600 Southeast Third Avenue, Fort Lauderdale, Florida 33301
and
THE CITY OF DANIA BEACH, FLORIDA
(hereinafter referred to as "CITY")
a municipal corporation of the State of Florida
whose address is
100 West Dania Beach Boulevard, Dania Beach, Florida 33301
WHEREAS, partnerships instill a sense of civic pride and responsibility in students that
will last far beyond their educational experience; and
WHEREAS, cities and schools may share resources to support each other's goals and
objectives; and
WHEREAS, this collaboration provides the opportunity to develop a seamless,
communication infrastructure between CITY officials, CITY staff and their counterparts in the
School District; and
WHEREAS, CITY, as part of its recreation program wishes to provide additional outdoor
playground recreation facilities for its citizens; and
WHEREAS, the current reciprocal agreement from 2015 is set to expire on December 13,
2020; and
WHEREAS, SBBC, as the controlling body of the district schools of Broward County,
Florida owns, operates and maintains various facilities throughout the county, including
elementary, middle and high schools, vocational sites, training facilities and equipment in the
CITY of Dania Beach suitable for use by CITY in its municipal programs; and
WHEREAS, SBBC wishes to provide additional facilities for its programming; and
WHEREAS, CITY owns, operates and maintains numerous facilities suitable for use by
SBBC for its educational, and training programs; and
Reciprocal Use Agreement Between SBBC and City of Dania Beach 1 of 21
WHEREAS, CITY and SBBC have determined that entering into numerous agreements
for the use of each other's facilities on a case -by -case basis will result in the expense of additional
administrative time and resources; and
WHEREAS, CITY and SBBC believe that a formal agreement providing reciprocal use
of each other's facilities will be of mutual benefit to all parties.
NOW, THEREFORE, in consideration of the premises and mutual covenants hereinafter
contained, the parties hereby agree as follows:
ARTICLE 1 - RECITALS
1.01 Recitals. The parties agree that the foregoing recitals are true and correct and that
such recitals are incorporated herein by reference.
ARTICLE 2 — SPECIAL CONDITIONS
2.01 Term of Agreement. Unless terminated earlier pursuant to Section 3.05 of this
Agreement, the term of this Agreement shall be for a period of five (5) years commencing on
December 13, 2020.
2.02 City Licensed Facilities.
2.02.1 Authorized Use of City Licensed Facilities by SBBC. CITY owns and
operates a number of parks and facilities located in the City of Dania Beach, Florida, which are
suitable for use by SBBC for its educational and training programs. The CITY agrees to allow
SBBC use of CITY parks and facilities (hereinafter referred to as "City Licensed Facilities")
including, but not limited to those described in Exhibit "A", on such days and at such times as are
mutually agreed upon by the Director, Parks and Recreation or designee and the Superintendent
or designee. .
2.02.2 Procedure to Request Use of City Licensed Facilities. The following
procedure shall be followed whenever SBBC desires to use any City Licensed Facilities:
2.02.2.1 SBBC shall submit a Notice of Facility Use form, attached hereto
and incorporated herein by reference as Exhibit "C", to the Director, Parks and Recreation or
designee for use of City Licensed Facilities a minimum of fifteen (15) calendar days in advance of
usage. The Notice of Facility Use form must specify the dates, times and facilities desired, to be
used by SBBC and any other special terms and conditions pertaining to such usage not in conflict
with this Agreement. The Notice of Facility Use Form may be revised by mutual agreement of
the Superintendent of Schools or designee and the Director, Parks and Recreation or designee
without a formal amendment of this Agreement.
2.02.2.2 The Director, Parks and Recreation or designee shall
determine if the requested use conflicts or interferes with any other usage of the City Licensed
Facility within eight (8) calendar days of receipt of the request. If there is no conflict in use and
human resources are available, the request will be approved and returned to SBBC. If there is a
conflict and the request is denied, SBBC may appeal the denial to the City Manager. The City
Reciprocal Use Agreement Between SBBC and City of Dania Beach 2 of 21
Manager will determine whether to uphold the denial within seven (7) calendar days of filing of
the appeal, and the decision of the City Manager upon such appeal shall be final.
2.02.2.3 Said City Licensed Facilities are to be used by SBBC solely for
educational and training purposes which are an integral part of the Public Education Program of
Broward County and for no other purpose whatsoever without the prior written consent of the
CITY.
2.02.2.4 The use of said City Licensed Facilities by SBBC shall, at all
times, comply with the laws of the State of Florida, local laws and CITY's Code of Ordinances.
SBBC shall require its instructors, agents, students and invitees to follow all rules and regulations
promulgated by CITY.
2.02.3 Maintenance of City Licensed Facilities. CITY shall provide and
maintain the parking lot, parking lot lighting, and ingress and egress at all City Licensed Facilities.
The CITY shall have the continuing duty to maintain City Licensed Facilities and equipment in a
safe condition and to ensure that any unsafe condition or defect in or upon City Licensed Facilities
is remedied and/or repaired within a reasonable time of actual or constructive notice of such
condition. If in the course of its maintenance and operation, the CITY becomes aware of any
dangerous or unsafe condition in or upon City Licensed Facilities or equipment, CITY shall
immediately correct the dangerous condition or prevent the use of City Licensed Facilities or
equipment by other persons so as not to endanger the life or safety of persons at the Licensed
Facilities or equipment. If in the course of SBBC's use and occupancy of City Licensed Facilities
or equipment, SBBC becomes aware of any dangerous condition in or upon City Licensed
Facilities or equipment, SBBC shall, immediately, notify the CITY Manager or Director, Parks
and Recreation or designee of such dangerous or unsafe condition and cease SBBC'S use of City
Licensed Facilities or equipment which is unsafe until such time as CITY corrects or remedies the
condition. The CITY shall have final determination as to what is deemed "unsafe". If SBBC does
not notify the CITY of such dangerous conditions, and CITY is not otherwise aware nor should it
have been aware of same, CITY shall not be liable to SBBC, its employees, agents or invitees for
loss, personal injury or damage. This paragraph shall not create any rights for any third party to
sue the CITY or SBBC, and there shall be no third -party beneficiary.
2.02.4 CITY Access to City Licensed Facilities. CITY and its officers, agents
and employees engaged in the operation maintenance or repair of the City Licensed Facilities
reserve the right, at any time, to enter upon and have free access to any and all parts of the City
Licensed Facilities. CITY shall have the right to observe all operations of SBBC at City Licensed
Facilities in regard to ensuring that said facilities are not subjected to risk of loss. City reserves the
right to preclude or interrupt any act or use of equipment by SBBC within the reasonable judgment
of the CITY Manager or Director, Parks and Recreation or designee of the affected City Licensed
Facilities, if it is necessary in the interest of public safety to protect person or property from
exposure to risk of injury, death, damage or loss. City shall have the right to inspect any and all
parts of City Licensed Facilities and make or cause to be made necessary repairs thereto, to enforce
all necessary and proper rules for the management and operation of the premises and to enforce
the license obligations hereunder.
Reciprocal Use Agreement Between SBBC and City of Dania Beach 3 of 21
2.02.5 SBBC Property on City Licensed Facilities. CITY assumes no
responsibility whatsoever for any property placed on its premises by SBBC, its agents, employees,
representatives, independent contractors or invitees.
2.02.6 Restrictions on Items Brought onto City Licensed Facilities. SBBC
agrees not to bring onto City Licensed Facilities, any material, substances, equipment or objects
that are likely to endanger the life or to cause bodily injury to any person or damage to the City
Licensed Facilities or which are likely to constitute a hazard to property thereon. CITY shall have
the right to refuse to allow any such materials, substances, equipment or objects to be brought onto
the City Licensed Facilities and the right to require their immediate removal from the property.
2.02.7 Construction of Improvements. SBBC shall not construct any
improvements upon any of Licensed Facilities during the term of this Agreement without prior
written consent of CITY. Any improvement constructed upon City Licensed Facilities without
prior written approval of the CITY shall be removed or relocated by SBBC within ten (10) days
of written demand by CITY. SBBC is authorized to place items of movable personal property
onto the City Licensed Facilities for use therein without prior written approval of CITY. If SBBC
fails to remove items of moveable personal property upon termination of this Agreement, CITY
may remove, and store said items and SBBC shall reimburse CITY for the costs of relocating and
storing the items.
2.02.8 Vacation of City Licensed Facilities. Upon vacation of City Licensed
Facilities after each use and occupancy, SBBC shall leave said facilities in a condition equal to
that at the commencement of that day's usage, ordinary use and wear thereof excepted, and shall
remove from the premises all items of movable personal property brought onto the City Licensed
Facilities by SBBC.
2.03 SBBC Licensed Facilities.
2.03.1 Authorized Use of SBBC Licensed Facilities by CITY. SBBC owns,
operates and maintains various schools and facilities (hereinafter referred to as "SBBC Licensed
Facilities") throughout the county, including elementary, middle, high and technical schools sites
and training facilities located in and around the CITY of Dania Beach that may be suitable for use
by residents of the CITY of Dania Beach and the CITY may desire to place its programs, special
functions, training programs, such as Dania Beach Police and/or Fire Department's implementing
security training geared toward preparation for school related incidents and community meetings
at these sites. SBBC agrees to allow CITY use of SBBC schools and facilities in the CITY of
Dania Beach, including, but not necessarily limited to those described in Exhibit "B", on such
days and at such times as are mutually agreed upon by the Superintendent or designee and the
Director, Parks and Recreation or designee.
2.03.2 Procedure to Request Use of SBBC Licensed Facilities. The following
procedure shall be followed whenever the CITY desires to use any SBBC Licensed Facilities:
2.03.2.1 CITY shall submit a Notice of Facility Use form, attached
hereto and incorporated herein by reference as Exhibit "C" to the Superintendent or designee for
use of SBBC Licensed Facilities a minimum of fifteen (15) calendar days in advance of
Reciprocal Use Agreement Between SBBC and City of Dania Beach 4 of 21
usage(including training programs by the Dania Beach Police and/or Fire —Rescue Department).
The Notice of Facility Use form must specify the dates, times and facilities to be used by the CITY
or its residents and any other special terms and conditions pertaining to such usage not in conflict
with this Agreement. The Notice of Facility Use Form may be revised by mutual agreement of
the Superintendent of Schools or designee and the Director, Parks and Recreation or designee
without a formal amendment of this Agreement.
2.03.2.2 The Superintendent or designee shall determine if the
requested use conflicts or interferes with the regular or extracurricular school program, or with any
other prescheduled use of SBBC Licensed Facilities by other parties within eight (8) calendar days
of receipt of the request. If there is no conflict in use and human resources are available, the
request will be approved and returned to the CITY. If there is a conflict and the request is not
approved, the CITY may appeal the denial to SBBC's Director, Service Quality or designee. The
Director, Service Quality or designee will determine whether to uphold the denial within seven (7)
calendar days of filing of the appeal, and the decision of the Director, Service Quality or designee
upon such appeal shall be final.
2.03.2.3 The use of SBBC Licensed Facilities by the CITY shall, at all
times be in compliance with the applicable laws of the State of Florida and SBBC policies,
including, but not limited to compliance with all Operating Protocols set forth in Exhibit D.
2.03.3 Maintenance of SBBC Licensed Facilities. SBBC shall provide and
maintain the parking lot, parking lot lighting and ingress and egress at all SBBC Licensed
Facilities. SBBC shall have the continuing duty to maintain SBBC Licensed Facilities and
equipment in a safe condition and to ensure that any unsafe condition or defect in or upon SBBC
Licensed Facilities and equipment is remedied and/or repaired within a reasonable time of actual
or constructive notice of such condition. If in the course of its maintenance and operation, SBBC
becomes aware of any dangerous or unsafe condition in or upon SBBC Licensed Facilities or
equipment, SBBC shall immediately correct the dangerous condition or prevent the use of the
facilities or equipment by other persons so as not to endanger the life or safety of persons at the
facility. If in the course of CITY's use and occupancy of SBBC Licensed Facilities or equipment,
CITY becomes aware of any dangerous condition in or upon SBBC Licensed Facilities or
equipment, CITY shall, as soon as reasonably possible, notify the principal of SBBC Licensed
Facilities being utilized, of such dangerous or unsafe condition and cease CITY's use of the
facilities or equipment which are unsafe until such time as SBBC corrects or remedies the
condition. SBBC shall have final determination as to what is deemed "unsafe". If the CITY does
not notify SBBC of such dangerous conditions, and SBBC is not otherwise aware nor should have
been aware of same, SBBC shall not be liable to CITY, its employees, agents or invitees for loss,
personal injury or damage. This paragraph shall not create any rights for any third party to sue the
CITY or SBBC, and there shall be no third -party beneficiary.
2.03.4 SBBC Access to SBBC Licensed Facilities. SBBC and its officers,
agents and employees engaged in the operation, maintenance or repair of SBBC Licensed Facilities
reserve the right, at any time, to enter upon and have free access to any and all parts of SBBC
Licensed Facilities. SBBC shall have the right to observe all operations of CITY at SBBC
Licensed Facilities in order to ensure that the facilities are not subjected to risk of loss. SBBC
reserves the right to preclude or interrupt any act or use of equipment by CITY within the
Reciprocal Use Agreement Between SBBC and City of Dania Beach 5 of 21
reasonable judgment of the Superintendent or designee of SBBC Licensed Facilities, if it is
necessary in the interest of public safety to protect person or property from exposure to risk of
injury, death, damage or loss. SBBC shall have the right to inspect any and all parts of SBBC
Licensed Facilities and make or cause to be made necessary repairs thereto, to enforce all necessary
and proper rules for the management and operation of the premises and to enforce the license
obligations hereunder.
2.03.5 CITY Property on SBBC Licensed Facilities. SBBC assumes no
responsibility whatsoever for any property placed on the premises by CITY, its agents, employees,
representatives, independent contractors or invitees.
2.03.6 Restrictions on Items Brought onto SBBC Licensed Facilities. CITY
agrees not to bring onto SBBC Licensed Facilities, any material, substances, equipment or objects
that are likely to endanger the life or to cause bodily injury to any person or damage to SBBC
Licensed Facilities or which are likely to constitute a hazard to property thereon. SBBC shall have
the right to refuse to allow any such materials, substances, equipment or objects to be brought onto
SBBC Licensed Facilities and the right to require their immediate removal from the property.
2.03.7 Construction of Improvements. CITY shall not construct any
improvements upon any of SBBC Licensed Facilities during the term of this Agreement without
the prior written consent of SBBC. Any improvement constructed upon SBBC Licensed Facilities
without prior written approval of SBBC shall be removed or relocated by CITY within ten (10)
days of written demand by SBBC. CITY is authorized to place items of personal property onto
the licensed facilities for the use thereon by CITY without prior written approval of SBBC. If
CITY fails to remove items of personal property upon termination of this Agreement, SBBC may
remove and store said items and CITY shall reimburse SBBC for the costs of relocating and storing
the items.
2.03.8 Vacation of SBBC Licensed Facilities. Upon vacation of SBBC
Licensed Facilities after each use and occupancy, CITY shall leave SBBC Licensed Facilities in a
condition equal to that at the commencement of that day's usage, ordinary use and wear thereof
excepted, and shall remove from the premises all items of movable personal property brought onto
the SBBC's Licensed Facilities by CITY.
2.03.9 Use of Fixed Kitchen Equipment at SBBC Licensed Facilities. The
principal shall require the use of regular food service workers when fixed kitchen equipment on
SBBC Licensed Facilities is used for the preparation of food for banquets, etc., and require the
organization to pay the cost of the food service worker(s) involved according to the adopted School
Food Services salary schedule, including retirement and other fringe benefits. The food service
worker shall assist in the preparation serving and clean up.
2.04 Additional SBBC Licensed Facilities.
2.04.1 Identification of Additional SBBC Licensed Facilities. The CITY and
SBBC agree to continue to work cooperatively to identify additional school athletic fields and
educational facilities available for use by the residents of the CITY of Dania Beach. The use of
additional athletic facilities may be covered by a separate agreement.
Reciprocal Use Agreement Between SBBC and City of Dania Beach 6 of 21
2.04.2 Procedure to Request Use of Additional SBBC Licensed Facilities. The
following procedure shall be followed whenever the CITY desires to use any additional SBBC
Licensed Facilities:
2.04.2.1 The CITY may submit a Notice of Facility Use form (attached
hereto and incorporated herein by reference as Exhibit "C") to the Superintendent of Schools or
designee (e.g. school principal) for the use or enjoyment of additional school facilities, outside the
CITY limits, a minimum of thirty (30) calendar days in advance of usage.
2.04.2.2 The Superintendent of Schools or designee shall determine
if the requested use conflicts or interferes with any other usage of the proposed additional SBBC
Licensed Facility and approve or deny the requested use within fifteen (15) calendar days of receipt
of the request. If there is no conflict in use and human resources are available, the request will be
approved and returned to the CITY. If there is a conflict and the request is not approved, the CITY
may appeal the denial to SBBC's Director, Service Quality or designee. The Director, Service
Quality or designee will determine whether to uphold the denial within fifteen (15) calendar days
of filing of the appeal, and the decision of the Director, Service Quality or designee upon such
appeal shall be final. In the event of a scheduling conflict, priority will be given first to SBBC
functions and second to the municipality in which the proposed school is located.
2.05 Accessibility to CITY or SBBC Licensed Facilities and Fees for the Facilities.
The CITY and SBBC (collectively, the "Parties") agree to waive any and all rental fees.
CITY/SBBC agrees to waive any and all energy fees (excluding during use for summer programs).
The CITY or SBBC will reimburse the other party for any costs that CITY or SBBC incurs only
as a result of the use of CITY or SBBC Licensed Facilities by the CITY or SBBC. These
reimbursable costs shall be limited to custodial costs to address the operational impact of the event,
energy assessment costs only during use for summer programs, personnel costs for providing
access to the facility during non -operational hours, and personnel costs for school security. No
personnel costs will be assessed for providing access to the facility during non -operational hours
when an authorized CITY or SBBC employee and/or employee volunteer provide such access.
CITY and SBBC employees and/or employee volunteers may not remain at CITY or SBBC
Licensed Facilities after providing access to the facility during non -operational hours. In such
cases when the CITY or SBBC is permitted unsupervised use of a CITY or SBBC Licensed
Facilities, the CITY or SBBC will ensure that an agent of the CITY or SBBC is present during the
event to provide appropriate supervision of all activities and that such agent remains on -site until
relieved by an authorized CITY or SBBC employee and/or employee volunteer. The CITY or
SBBC will clean up after every use and will return the Licensed Facilities to its clean, sanitary and
free from trash and debris state prior to utilization by the CITY or SBBC. However, if the CITY
or SBBC does not clean up after every use, then custodial costs will apply. If custodial costs apply,
the custodial fee will be $176.00 for a four (4) hour daily minimum, and $44.00 each additional
hour. If additional CITY or SBBC personnel are needed for CITY or SBBC event the cost will be
$44.00 per hour. Energy costs will only be assessed for CITY's use of SBBC Licensed Facilities
for their summer programs with each energy bill charged to the CITY being reduced by twenty
percent (20%). Therefore, the CITY shall only pay eighty percent (80%) of the total assessed
energy bill at twenty-four dollars per hour ($24.00). The CITY will be responsible for consumable
Reciprocal Use Agreement Between SBBC and City of Dania Beach 7 of 21
items costs for the CITY events with thirty-one (31) or more people attending a function. For 31-
100 people expected at a function CITY will pay $5.00 per day; for 101-200 people expected at a
function $10.00 per day; and $5.00 additional per day for each additional 100 people expected, or
part thereafter. Fees reflected herein may change due to cost escalation (as cited on the fee
schedule in SBBC Policy 1341 as of the effective date of this agreement and both parties will refer
to SBBC Policy 1341 for fee increases) during the term of this agreement. If such happens the
CITY or SBBC will communicate in writing such fee increases in a timely manner and such fees
will become the effective fees and will be charged. CITY or SBBC will ensure the CITY or SBBC
is provided with information regarding 24-hour emergency notification and access protocol at the
time of the authorization of unsupervised access to CITY or SBBC Licensed Facilities to ensure
the appropriate emergency procedures and agreed upon special terms and conditions are followed.
All costs that are the responsibility of the CITY or SBBC shall be paid within 30 days of receipt
of an invoice from CITY or SBBC. There will be no cost charged to the CITY by SBBC for
training programs conducted by the Dania Beach Police and/or Fire -Rescue Departments when
such training is designed to enhance the CITY's response to incidents at SBBC's schools and
facilitates. As cited above, if the CITY does not clean up after every use and return the Licensed
Facilities to its clean, sanitary and free from trash and debris state prior to utilization by the Dania
Beach Police and/or Fire -Rescue Departments, then custodial costs will apply.
2.06 Additional Services at CITY or SBBC Licensed Facilities. The cost for
additional services, i.e., security, law enforcement, personnel, etc., for events at CITY or SBBC
Licensed Facilities shall be mutually agreed upon by the parties prior to the scheduled events. Such
agreement shall be reduced to writing in the respective Facility Use Form, with services and costs
mutually agreed upon by the Superintendent or designee and the Recreation Programs
Administrator or designee.
2.07 Insurance. Upon execution of this Reciprocal Use Agreement, each party shall
submit to the other, copies of its certificate(s) of insurance or self-insurance evidencing the
required coverage.
2.08 Required Insurance Coverages. Each party acknowledges without waiving its
right of sovereign immunity as provided by Section 768.28 Florida Statutes, that each party is self -
insured for general liability under Florida Statutes with coverage limits of $200,000 per person
and $300,000 per occurrence, or such monetary wavier limits that may change and be set forth by
the legislature.
2.08.1 Each party shall keep in effect during the full term of the Agreement,
self-insurance under a Risk Management Program in accordance with Section 768.28 Florida
Statutes, for General and Automobile Liability.
2.08.2 Worker's Compensation Insurance with Florida statutory benefits in
accordance with Chapter 440, Florida Statutes, including Employer's Liability limits not less than
$100,000/$100,000/$500,000 (each accident/disease-each employee/disease-policy limit).
2.08.3 Fire Legal Liability damage to Rented Premises with limits of
$500,000 per occurrence/aggregate as a condition for the reduced limit of insurance. The CITY is
not permitted to utilize stoves, ovens, microwave ovens, hotplates or any devices which have the
Reciprocal Use Agreement Between SBBC and City of Dania Beach 8 of 21
potential to cause a fire on SBBC Property. SBBC grants permission for the CITY's vendor to
utilize catering warmers during the summer program. The CITY's vendor will be required to name
"The School Board of Broward County, Florida, its officers, employees and agents" as additional
insured with respect to liability on behalf of the vendor. The general liability policy will be primary
of all other valid and collectible coverage maintained by the School Board of Broward County,
Florida.
2.08.4 Self-insurance and/or insurance requirements shall not relieve or
limit the liability of either party, except to the extent provided by Section 768.28, Florida Statutes.
Both parties reserve the right to require other insurance coverage that both parties deem mutually
necessary depending upon the risk of loss and exposure to liability, subject to each party's
Commission or Board approval, if necessary.
2.08.5 Violations of the terms of this section and its subparts shall
constitute a material breach of the Agreement and the non -breaching party may, at its sole
discretion, cancel the Agreement and all rights, title and interest shall thereupon cease and
terminate.
2.08.6 Required conditions; self-insurance and/or liability policies must
contain the following provisions. In addition, the following wording in section 2.08.6.1 below
must be included in the Certificate of Insurance's description of operations:
2.08.6.1 City shall provide evidence of insurance in the form of a
Certificate of Liability or self -insured letter and show The School Board of Broward County,
Florida 600 Southeast Third Avenue, -Fort Lauderdale, Florida 33301 as the Certificate Holder.
2.08.7 No activities under this Agreement shall commence until the
required proof of self-insurance and/or certificates of insurance have been received and approved
by the Risk Managers of each party.
2.09 Protection of Public Safety. Each party specifically reserves the right, through
its representatives, to eject any person(s) behaving in an objectionable manner from its own
facilities or facilities of the other it may be using, and upon the exercise of this authority, each
party hereby waives any right and all claims for damages against the other, as a result of the
ejection, whether directly or through any of its agents or employees.
2.10 License not Lease. This Agreement shall not be deemed to be a lease of any
facilities, the use of which is permitted hereunder, but rather a license to use and occupy the
respective premises under the terms and conditions stated herein. No leasehold interest in either
City Licensed Facilities or SBBC Licensed Facilities is conferred to the using party under the
provisions hereof.
2.11 Notice. When any of the parties desire to give notice to the other, such notice
must be in writing, sent by U.S. Mail, postage prepaid, addressed to the party for whom it is
intended at the place last specified; the place for giving notice shall remain such until it is changed
by written notice in compliance with the provisions of this paragraph. For the present, the Parties
designate the following as the respective places for giving notice:
Reciprocal Use Agreement Between SBBC and City of Dania Beach 9 of 21
To SBBC: Superintendent of Schools
The School Board of Broward County, Florida
600 Southeast Third Avenue
Fort Lauderdale, Florida 33301
With a Copy to: Director, Facility Planning & Real Estate Department
School Board of Broward County, Florida
600 Southeast Third Avenue - 8a' Floor
Fort Lauderdale, Florida 33301
To City: Director, Parks and Recreation
City of Dania Beach
100 West Dania Beach Boulevard
Dania Beach, FL 33004
With a Copy to: City Attorney
Thomas J. Ansbro, Esquire
100 West Dania Beach Boulevard
Dania Beach, FL 33004
2.12 Background Screening: CITY and SBBC agree to comply with all
requirements of Sections 1012.32 and 1012.465, Florida Statutes, and all of its personnel who (1)
are to be permitted access to city parks and school grounds when students are present, (2) will have
direct contact with students, or (3) have access or control of city/school funds, will successfully
complete the background screening required by the referenced statutes and meet the standards
established by the statutes. This background screening will be conducted by CITY or SBBC in
advance of CITY or SBBC or its personnel providing any services under the conditions described
in the previous sentence. CITY or SBBC shall bear the cost of acquiring the background screening
required by Section 1012.32, Florida Statutes, and any fee imposed by the Florida Department of
Law Enforcement to maintain the fingerprints provided with respect to CITY or SBBC and its
personnel. The parties agree that the failure of CITY or SBBC to perform any of the duties
described in this section shall constitute a material breach of this Agreement entitling CITY or
SBBC to terminate immediately with no further responsibilities or duties to perform under this
Agreement. To the extent permitted by law, CITY or SBBC agrees to indemnify and hold harmless
CITY or SBBC, its officers and employees from any liability in the form of physical or mental
injury, death or property damage resulting in CITY's/SBBC's failure to comply with the
requirements of this Section or with Sections 1012.32 and 1012.465, Florida Statutes. Nothing
herein shall be construed as a waiver by SBBC or CITY of sovereign immunity or of any rights or
limits to liability existing under Section 768.28, Florida Statutes.
2.13 Indemnification. To the extent permitted by law, CITY and SBBC each agree to
indemnify, defend and hold the other, including their officers, agents and employees, harmless
from and against any and all claims, damages, losses, liabilities, causes of action of any kind or
nature whatsoever arising out of or because of the use and occupancy of any facilities licensed
hereunder, providing that if such claim, damage, loss, liability or cause of action is due to the joint
Reciprocal Use Agreement Between SBBC and City of Dania Beach 10 of 21
or concurrent negligence of the indemnitor and the indemnitee, their respective responsibilities
hereunder shall be in the same proportion that the negligent acts or omissions of each contributes
thereto. This indemnification shall not be limited to the amount of comprehensive general liability
insurance that each party is required to provide under this Agreement. Each party reserves the
right to select its own counsel in any such proceeding and all costs and fees associated therewith
shall be the responsibility of the indemnitor under this indemnification agreement. Compliance
with the foregoing shall not relieve the indemnitor of any liability or other obligation under this
Agreement. Nothing contained herein is intended nor shall be construed to waive any party's
rights, immunities or limits to liability existing under the common law or Section 768.28, Florida
Statutes.
ARTICLE 3 — GENERAL CONDITIONS
3.01 No Waiver of Sovereign Immunity. Nothing herein is intended to serve as a
waiver of sovereign immunity by any agency or political subdivision to which sovereign immunity
may be applicable or of any rights or limits to liability existing under Section 768.28, Florida
Statutes. This section shall survive the termination of all performance or obligations under this
Agreement and shall be fully binding until such time as any proceeding brought on account of this
Agreement is barred by any applicable statute of limitations.
3.02 No Third -Party Beneficiaries. The parties expressly acknowledge that it is not
their intent to create or confer any rights or obligations in or upon any third person or entity under
this Agreement. None of the parties intend to directly or substantially benefit a third party by this
Agreement. The parties agree that there are no third -party beneficiaries to this Agreement and that
no third party shall be entitled to assert a claim against any of the parties based upon this
Agreement. Nothing herein shall be construed as consent by an agency or political subdivision of
the State of Florida to be sued by third parties in any matter arising out of any contract.
3.03 Independent Contractor. The parties to this Agreement shall at all times be
acting in the capacity of independent contractors and not as an officer, employee or agent of one
another. Neither party or its respective agents, employees, subcontractors or assignees shall
represent to others that it has the authority to bind the other party unless specifically authorized in
writing to do so. No right to SBBC retirement, leave benefits or any other benefits of SBBC
employees shall exist as a result of the performance of any duties or responsibilities under this
Agreement. SBBC shall not be responsible for social security, withholding taxes, contributions to
unemployment compensation funds or insurance for the CITY or the CITY's officers, employees,
agents, subcontractors or assignees. No right to CITY retirement, leave benefits or any other
benefits of CITY employees shall exist as a result of the performance of any duties or
responsibilities under this Agreement. CITY shall not be responsible for social security,
withholding taxes, contributions to unemployment compensation funds or insurance for SBBC or
SBBC's officers, employees, agents, subcontractors or assignees.
3.04 Equal Opportunity Provision. The parties agree that no person shall be
subjected to discrimination because of age, race, color, disability, gender identity, gender
expression marital status, national origin, religion, sex or sexual orientation in the performance of
the parties' respective duties, responsibilities and obligations under this Agreement.
Reciprocal Use Agreement Between SBBC and City of Dania Beach 11 of 21
3.05 Termination. This Agreement may be canceled with or without cause by either
party during the term hereof upon thirty (30) days written notice to the other parties of its desire
to terminate this Agreement. SBBC shall have no liability for any property left on SBBC's
property by any party to this Agreement after the termination of this Agreement. Any party
contracting with SBBC under this Agreement agrees that any of its property placed upon SBBC's
facilities pursuant to this Agreement shall be removed within ten (10) business days following the
termination, conclusion or cancellation of this Agreement and that any such property remaining
upon SBBC's facilities after that time shall be deemed to be abandoned, title to such property shall
pass to SBBC, and SBBC may use or dispose of such property as SBBC deems fit and appropriate.
The CITY shall have no liability for any property left on CITY's property by any party to this
Agreement after the termination of this Agreement. Any party contracting with CITY under this
Agreement agrees that any of its property placed upon CITY's facilities pursuant to this Agreement
shall be removed within ten (10) business days following the termination, conclusion or
cancellation of this Agreement and that any such property remaining upon CITY's facilities after
that time shall be deemed to be abandoned, title to such property shall pass to the CITY, and CITY
may use or dispose of such property as CITY deems fit and appropriate.
3.06 Default. The parties agree that, in the event that either party is in default of its
obligations under this Agreement, the non -defaulting party shall provide to the defaulting party
(30) days written notice to cure the default. However, in the event said default cannot be cured
within said thirty (30) day period and the defaulting party is diligently attempting in good faith to
cure same, the time period shall be reasonably extended to allow the defaulting party additional
cure time. Upon the occurrence of a default that is not cured during the applicable cure period,
this Agreement may be terminated by the non -defaulting party upon thirty (30) days written notice.
This remedy is not intended to be exclusive of any other remedy, and each and every such remedy
shall be cumulative and shall be in addition to every other remedy now or hereafter existing at law
or in equity or by statute or otherwise. No single or partial exercise by any party of any right,
power, or remedy hereunder shall preclude any other or future exercise thereof. Nothing in this
section shall be construed to preclude termination for convenience pursuant to Section 3.05.
3.07 Annual Appropriation. The performance and obligations of SBBC and CITY
under this Agreement shall be contingent upon an annual budgetary appropriation by their
respective governing bodies. If funds are not allocated by either governing body for the payment
of services or products to be provided under this Agreement, this Agreement may be terminated at
the end of the period for which funds have been allocated. The non -allocating party shall notify
the other party at the earliest possible time before such termination. No penalty shall accrue to the
non -allocating party in the event this provision is exercised, and the non -allocating party shall not
be obligated or liable for any future payments due or any damages as a result of termination under
this section.
3.08 Excess Funds. Any party receiving funds paid by SBBC under this Agreement
agrees to promptly notify SBBC of any funds erroneously received from SBBC upon the discovery
of such erroneous payment or overpayment. Any such excess funds shall be refunded to SBBC.
3.09 Public Records. Pursuant to Section 119.0701, Florida Statutes, CITY and SBBC
are required to (a) keep and maintain available for public inspection any records that pertain to
Reciprocal Use Agreement Between SBBC and City of Dania Beach 12 of 21
services rendered under this Agreement; (b) provide the public with access to public records and
at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes or as otherwise
provided by law; (c) ensure that public records that are exempt or confidential and exempt from
public records disclosure requirements are not disclosed except as authorized by law; and (d) meet
all requirements for retaining public records and transfer, at no cost, to the other party all public
records in that party's possession upon termination of its contract and destroy any duplicate public
records that are exempt or confidential and exempt from public records disclosure requirements.
All of such party's records stored electronically must be provided to the other party in a format
that is compatible with the other party's information technology systems. Each party shall
maintain its own respective records and documents associated with this Agreement in accordance
with the records retention requirements applicable to public records. Each party shall be
responsible for compliance with any public documents request served upon it pursuant to Section
119.07, Florida Statutes, and any resultant award of attorney's fees for non-compliance with that
law. Each party acknowledges that this Agreement and all attachments thereto are public records
and do not constitute trade secrets.
3.10 Student Records: Notwithstanding any provision to the contrary within this
Agreement, any party contracting with SBBC under this Agreement shall fully comply with the
requirements of Sections 1002.22 and 1002.221, Florida Statutes; FERPA, and any other state or
federal law or regulation regarding the confidentiality of student information and records. Each
such party agrees, for itself, its officers, employees, agents, representatives, contractors or
subcontractors, to fully indemnify and hold harmless SBBC and its officers and employees for any
violation of this section, including, without limitation, defending SBBC and its officers and
employees against any complaint, administrative or judicial proceeding, payment of any penalty
imposed upon SBBC, or payment of any and all costs, damages, judgments or losses incurred by
or imposed upon SBBC arising out of a breach of this covenant by the party, or an officer,
employee, agent, representative, contractor, or sub -contractor of the party to the extent that the
party or an officer, employee, agent, representative, contractor, or sub -contractor of the party shall
either intentionally or negligently violate the provisions of this section or of Sections 1002.22
and/or 1002.221, Florida Statutes.
3.11 Compliance with Laws. Each party shall comply with all applicable federal,
state and local laws, SBBC policies, codes, rules and regulations in performing its duties,
responsibilities and obligations pursuant to this Agreement.
3.12 Place of Performance. All obligations of SBBC under the terms of this
Agreement are reasonably susceptible of being performed in Broward County, Florida and shall
be payable and performable in Broward County, Florida.
3.13 Governing Law and Venue. This Agreement shall be interpreted and construed
in accordance with and governed by the laws of the State of Florida. Any controversies or legal
problems arising out of this Agreement and any action involving the enforcement or interpretation
of any rights hereunder shall be submitted to the jurisdiction of the State courts of the Seventeenth
Judicial Circuit of Broward County, Florida.
3.14 Entirety of Agreement. This document incorporates and includes all prior
negotiations, correspondence, conversations, agreements and understandings applicable to the
Reciprocal Use Agreement Between SBBC and City of Dania Beach 13 of 21
matters contained herein and the parties agree that there are no commitments, agreements or
understandings concerning the subject matter of this Agreement that are not contained in this
document. Accordingly, the parties agree that no deviation from the terms hereof shall be
predicated upon any prior representations or agreements, whether oral or written.
3.15 Binding Effect. This Agreement shall be binding upon and inure to the benefit
of the parties hereto and their respective successors and assigns.
3.16 Assignment. Neither this Agreement nor any interest herein may be assigned,
transferred or encumbered by any party without the prior written consent of the other party. There
shall be no partial assignments of this Agreement including, without limitation, the partial
assignment of any right to receive payments from SBBC.
3.17 Incorporation by Reference. Exhibits "A", "B", "C", and "D" attached hereto
and referenced herein shall be deemed to be incorporated into this Agreement by reference. In the
event of any conflict or inconsistency between this Agreement and the provisions in the
incorporated Exhibits, the terms of this Agreement shall supersede and prevail over the terms in
the Exhibits.
3.18 Captions. The captions, section designations, section numbers, article numbers,
titles and headings appearing in this Agreement are inserted only as a matter of convenience, have
no substantive meaning, and in no way define, limit, construe or describe the scope or intent of
such articles or sections of this Agreement, nor in any way effect this Agreement and shall not be
construed to create a conflict with the provisions of this Agreement.
3.19 Severability. In the event that any one or more of the sections, paragraphs,
sentences, clauses or provisions contained in this Agreement is held by a court of competent
jurisdiction to be invalid, illegal, unlawful, unenforceable or void in any respect, such shall not
affect the remaining portions of this Agreement and the same shall remain in full force and effect
as if such invalid, illegal, unlawful, unenforceable or void sections, paragraphs, sentences, clauses
or provisions had never been included herein.
3.20 Preparation of Agreement. The parties acknowledge that they have sought and
obtained whatever competent advice and counsel as was necessary for them to form a full and
complete understanding of all rights and obligations herein and that the preparation of this
Agreement has been their joint effort. The language agreed to herein express their mutual intent
and the resulting document shall not, solely as a matter of judicial construction, be construed more
severely against one of the parties than the other.
3.21 Amendments. No modification, amendment, or alteration in the terms or
conditions contained herein shall be effective unless contained in a written document prepared
with the same or similar formality as this Agreement and executed by each party hereto.
3.22 Waiver. The parties agree that each requirement, duty and obligation set forth
herein is substantial and important to the formation of this Agreement and, therefore, is a material
term hereof. Any party's failure to enforce any provision of this Agreement shall not be deemed
a waiver of such provision or modification of this Agreement unless the waiver is in writing and
Reciprocal Use Agreement Between SBBC and City of Dania Beach 14 of 21
signed by the party waiving such provision. A written waiver shall only be effective as to the
specific instance for which it is obtained and shall not be deemed a continuing or future waiver.
3.23 Force Majeure. Neither party shall be obligated to perform any duty,
requirement or obligation under this Agreement if such performance is prevented by fire,
hurricane, earthquake, explosion, wars, sabotage, accident, flood, acts of God, strikes, or other
labor disputes, riot or civil commotions, epidemics, pandemics, government regulations, and the
issuance or extension of existing government orders of the United States, the State of Florida, or
local county and municipal governing bodies, or by reason of any other matter or condition beyond
the control of either party, and which cannot be overcome by reasonable diligence and without
unusual expense ("Force Majeure"). In no event shall a lack of funds on the part of either party
be deemed Force Majeure. In the event any of the licensed facilities, or any part thereof, shall be
destroyed by fire or any other cause, or if any other casualty or any unforeseen occurrence shall
render the fulfillment of this Agreement by either party impossible, then and thereupon, this
Agreement shall be modified to exclude the use of the damaged licensed facility until such time as
the owning party, at its discretion, returns the facility to an operable condition.
3.24 Survival. All representations and warranties made herein, indemnification
obligations, obligations to reimburse SBBC and CITY, obligations to maintain and allow
inspection and audit of records and property, obligations to maintain the confidentiality of records,
reporting requirements, and obligations to return public funds shall survive the termination of this
Agreement.
3.25 Contract Administration. SBBC has delegated authority to the Superintendent of
Schools or his/her designee to take any actions necessary to implement and administer this
Agreement. Such actions shall include, but not be limited to, the immediate suspension of the use
or occupancy or all SBBC Licensed Facilities as a result of the anticipation of imminent
existence or existence of any of the conditions listed in Article 3.23 - Force Majeure - hereinabove.
3.26 Authority. Each person signing this Agreement on behalf of either party
individually warrants that he or she has full legal power to execute this Agreement on behalf of
the party for whom he or she is signing, and to bind and obligate such party with respect to all
provisions contained in this Agreement.
[THIS SPACE INTENTIONALLY LEFT BLANK]
Reciprocal Use Agreement Between SBBC and City of Dania Beach 15 of 21
IN WITNESS WHEREOF, the parties hereto have each executed this Agreement for
reciprocal use of facilities on the dates indicated below.
FOR SBBC
(CORPORATE SEAL) THE SCHOOL BOARD OF BROWARD
COUNTY, FLORIDA
ATTEST:
Robert W. Runcie, Superintendent of Schools
Donna P. Korn, Chair
Approved as to form and legal content:
Office of the General Counsel
[THIS SPACE INTENTIONALLY LEFT BLANK]
Reciprocal Use Agreement Between SBBC and City of Dania Beach 16 of 21
FOR CITY
ATTEST: THE CITY OF DANIA BEACH, FLORIDA,
a municipal corporation of the State of
Florida
By:
Thomas Schneider, CMC, City Clerk Lori Lewellen, Mayor
Date:
Approved as to form and Sufficiency for the
Use of and reliance by City of Dania Beach,
Florida, only.
Thomas J. Ansbro, City Attorney
STATE OF FLORIDA )
The foregoing instrument was acknowledged before me, by means of ❑ physical presence or ❑
online notarization, this day of , 2020 by Lori Lewellen, Mayor, of
the City of Dania Beach, Florida, a municipal corporation, on behalf of the municipal corporation,
who are personally known to me.
NOTARY'S SEAL:
NOTARY PUBLIC, STATE OF FLORIDA
(Name of Acknowledger Typed, Printed or Stamped)
Commission Number
Reciprocal Use Agreement Between SBBC and City of Dania Beach 17 of 21
EXHIBIT "A"
CITY LICENSED FACILITIES"
"Other City owned facilities within the corporate limits of the City of Dania Beach may be added
by mutual agreement of the Superintendent of Schools (or designee) and the City Manager (or
designee) and without formal amendment of this Agreement.
C.W. Thomas Park/Gym
100 NW 8th Avenue
Chester Byrd Park
1021 SW 12th Avenue
Dania Beach Ocean Park
100 N. Beach Road
Frost Park Recreational Complex/Gym
300 NE 2nd Street
I.T. Parker Community Center
901 NE 3rd Street
Mildred V. Jones Park
Corner of NW 2nd Street & NW 14th Way
Mullikin Park
230 SW I" Court
Northside/Melaleuca Park
850 NW 1 Oth Street
P. J. Meli Park Community Center/Aquatic
Complex
2901 SW 52nd Street
SW Community Center
230 SW 12th Avenue
Reciprocal Use Agreement Between SBBC and City of Dania Beach 18 of 21
EXHIBIT "B"
SBBC LICENSED FACILITIES **
** Other SBBC owned facilities within the corporate limits of the City of Dania Beach, may be
added by mutual agreement of the Superintendent of Schools (or his/her designee) and the City
Manager (or his/her designee) and without formal amendment of this Agreement.
Collins Elementary School
1050 NW 2nd Street
Dania Beach Elementary School
300 SE 2nd Avenue
Olsen Middle School
330 SE 1 lth Terrace
Reciprocal Use Agreement between SBBC and City of Dania Beach Page 19 of 21
EXHIBIT "C"
NOTICE OF FACILITY USE FORM FOR RECIPROCAL USE AGREEMENT BETWEEN
THE SCHOOL BOARD OF BROWARD COUNTY, FLORIDA AND DESIGNATED
LOCAL GOVERNMENTAL AGENCY
Name of Local Government
Date Filed
Location
Type of Activity
Facility Date(s) Needed Time(s) Needed
CHARGES (IF APPLICABLE)
Service/Item Fee
Total Fee(s) Due
NOTE. Please list the Service/Item on additional blankpage(s) if you need space foradditional information
CONTACTS/AUTHORIZED SIGNATURE
Name
Title
Date
Signature:
For School: Principal
r Approve r Disapprove
I -or Local clovernment: Narks and Recreation Director or
Equivalent Position
Name
Title
Date
Signature:
r Approve r Disapprove
I RATIONALE FOR DISAPPROVAL I
New 10/12 Page20M21
FOR SBBC USE ONLY
IF DISAPPROVED APPEAL TO
OFFICE OF CHIEF SERVICE QUALITY OFFICER
1400 NE 6th Street
Pompano Beach, FL 33060
Phone: (754) 321-3838; Fax: (754) 321-3885
State Reasons for Appeal
F Appeal Approved r Appeal Disapproved
Authorized Signature:
Title
State Rational for Disapproval
State Reasons for Appeal
Title
Date:
IF DISAPPROVED APPEAL TO
CITY/TOWN MANAGER
r Appeal Approved r Appeal Disapproved
Authorized Signature:
State Rational for Disapproval
Date:
Form #0000
New 10/12 Poge21 of21
EXHIBIT D
PERATING PROTOCOLS
CITY is responsible for compliance with all of the following protocols while it and/or its agents,
licensees or invitees are occupying SBBC Licensed Facilities. Failure to comply with such
protocols may be considered to be a material breach of the Agreement to which this Exhibit is
attached.
In order to enter SBBC Licensed Facilities, all individuals should answer the following self -
assessment questions at home each morning prior to departure:
1. Do I feel warm, have a fever or elevated temperature (100.4), or have the chills?
2. Do I have a persistent cough, runny nose or sore throat?
3. Have I recently had a loss of taste or smell?
4. Has anyone in my household tested positive for COVID-19?
5. Have I been in close, unprotected contact with anyone who has tested positive for COVID-
19 (spent longer than 15 minutes within six (6) feet of someone who was sick with a fever
and cough or confirmed/suspected of having COVID-19?)
6. Am I feeling otherwise sick or ill today?
7. Am I awaiting test results for COVID-19?
8. Have I tested positive for COVID-19?
9. Have I been told to self -quarantine or self -isolate by a doctor or SBBC administrator?
If you can answer "NO" to all of these questions, you may enter the SBBC Licensed
Facility.
If you answered "YES" to any of these questions, you may not enter the SBBC Licensed
Facility until such time as you may answer "NO" to all of these questions.
Occupants should continue to:
• Wash hands regularly using disinfectant soap and warm water.
• Utilize alcohol -based hand sanitizer when unable to wash hands.
• Practice physical distancing.
• Notify manager and go home immediately if they begin to feel unwell.
As the State of Florida and Broward County continue working to contain the spread of COVID-
19, offers the following guidance to all individuals entering SBBC Licensed Facilities. Please
share this information with all CITY employees, vendors you manage and post for visitors,
Reciprocal Use Agreement between SBBC and City of Dania Beach Page 22 of 28
licensees and invitees that come to the SBBC Licensed Facilities.
If you have had ancillary contact with someone who has (or may have) COVID-19, you should
monitor your symptoms for fourteen (14) days. If you have had "close contact" as defined below,
you should follow procedures as outlined in the Response Procedures section of this document.
Below you will find additional CDC guidance defining "close contact," which should be used to
determine if quarantine or isolation is necessary for an individual.
About COVID-19
According to the CDC, COVID-19 is thought to spread mainly through close contact from
person- to -person. How easily a virus spreads from person to person can vary.
The virus that causes COVID-19 can be spread through respiratory droplets produced when an
infected person coughs, sneezes, or talks. These droplets can land in the mouths or noses of
people who are nearby or possibly be inhaled into the lungs. It may also be possible for a person
to get COVID-19 by touching a surface or object that has the virus on it and then touching their
own mouth, nose, or possibly their eyes. However, the risk for this is much lower according to
health officials. COVID-19 may be spread by people who are not "showing" symptoms.
Preventative Measures
The best way to prevent COVID-19 is to avoid being exposed to the virus. For the safety of
yourself and those around you, the SBBC recommends adherence to the following CDC and
Florida Department of Health (FDOH) guidelines:
1. Practice good hygiene.
a. Wash your hands with soap and water for 20 seconds, especially after touching frequently
used items or surfaces, using the restroom, and before eating. If soap and water is not
readily available, use a hand sanitizer that contains at least 60% alcohol. Rub your hands
for 20 seconds or until completely dry.
b. Avoid touching your eyes, nose, or mouth with unwashed hands or after touching
surfaces.
c. Sneeze and cough into a tissue or inside of your elbow. Dispose of tissue in trash can and
wash your hands.
2. Practice Physical Distancing.
a. If you are around other people, keep six (6) feet between you when possible. Avoid hugs,
handshakes, large gatherings and close quarters.
b. Do not gather in groups often (10) or more. Follow appropriate physical distancing
guidelines.
3. Avoid contact with people who are sick and stay home if you have any of the following acute
symptoms:
Reciprocal Use Agreement between SBBC and City of Dania Beach Page 23 of 28
a. Temperature of 100.4 F degrees or greater
b. Persistent cough
c. Shortness of breath
d. Chills, repeated shaking with chills
e. Muscle pain
t Headache
g. Sore throat
h. New loss of taste or smell
i. Vomiting or diarrhea
4. Wear a face covering in all common areas, including but not limited to: Main lobby,
elevators, parking garage elevator vestibules, concession areas, conference rooms, etc. Refer
to the CDC for additional details about properly wearing, removing and washing cloth face
coverings.
CITY must ask anyone not adhering to these protocols to vacate SBBC Licensed Facilities.
Personal Protective Equipment (PPE)
A face mask must always be worn on SBBC Licensed Facilities. There are limited circumstances
when an alternative face covering is permitted by the Centers for Disease Control and Prevention
(CDC) in lieu of a face mask in school settings set forth in guidance dated August 11, 2020 titled
"Guidance for K-12 School Administrators on the Use of Cloth Face Coverings in Schools":
CDC recognizes that wearing face masks may not be possible in every situation or for some people.
In some situations, wearing a face mask may exacerbate a physical or mental health condition,
lead to a medical emergency, or introduce significant safety concerns. Adaptations and alternatives
should be considered whenever possible to increase the feasibility of wearing a face mask or to
reduce the risk of COVID-19 spreading if it is not possible to wear one.
Cloth face coverings should not be placed on:
• Children younger than 2 years old.
• Anyone who has trouble breathing or is unconscious.
• Anyone who is incapacitated or otherwise unable to remove the cloth face covering without
assistance.
Appropriate and consistent use of cloth face coverings may be challenging for individuals,
including:
• Younger individuals, such as those in early elementary school.
• Individuals with severe asthma or other breathing difficulties.
• Individuals with special educational or healthcare needs, including intellectual and
Reciprocal Use Agreement between SBBC and City of Dania Beach Page 24 of 28
developmental disabilities, mental health conditions, and sensory concerns or tactile
sensitivity.
While cloth face coverings are strongly encouraged to reduce the spread of COVID-19, CDC
recognizes there are specific instances when wearing a cloth face covering may not be feasible. In
these instances, the CITY should consider adaptations and alternatives whenever possible. CITY
may need to consult with healthcare providers for advice about wearing cloth face coverings.
Consider use of clear face coverings that cover the nose and wrap securely around the face. Clear
face coverings should be determined not to cause any breathing difficulties or over heating for the
wearer. Teachers and staff who may consider using clear face coverings include:
• Those who interact with individuals who are deaf or hard of hearing, per the Individuals with
Disabilities Education Act
• Those working with young students learning to read
• Individuals and those working with such individuals whose primary language is not English
• Those working with individuals with disabilities
Clear face coverings are not face shields. CDC does not recommend use of face shields for
normal everyday activities or as a substitute for cloth face coverings because of a lack of
evidence of their effectiveness for source control.
Therefore, considering the CDC guidance of "adaptations and alternatives should be considered
whenever possible to increase the feasibility of wearing a face mask or to reduce the risk of
COVID- 19 spreading if it is not possible to wear one", the following allowances shall be
considered:
a. Individuals who need a break from their face mask, may do so provided social distancing can
be maintained under specific outdoor circumstance (not indoor).
b. Occupants who need a break from wearing their face mask while on SBBC Licensed Facilities,
may do so if alone in a self-contained room or outdoors maintaining social distancing. An
occupant may not utilize common space, for example a conference room, break room, stairwell
or any unoccupied location for a mask break. A cloth face mask must be worn during all other
times and locations.
c. While eating breakfast or lunch or while drinking water— No face covering is required while
eating or drinking in designated areas as long as social distancing practices are in place.
d. No face covering is required during outdoor activities as long as social distancing practices are
in place. Individuals must wear cloth face masks to and from such activities.
e. Face shields that completely cover the face, wrap around the face and extend below the chin,
will be allowed to be worn by individuals aged 10 and younger and individuals with disabilities
as long as either social distancing practices are in place and/or physical barriers of separation
are in place between individuals. A cloth face mask must be worn during all other times and
locations. Face shields are not substitutes for cloth face masks nor are being used for normal
Reciprocal Use Agreement between SBBC and City of Dania Beach Page 25 of 28
everyday activities and only allowed in this narrow use.
In this operating protocol, the term face mask, cloth face mask or cloth face covering are interchangeable.
Single use face masks approved by the Food & Drug Administration (FDA) and the Centers for
Disease Control and Prevention (CDC) are allowed.
Per CDC Guidance "The purpose of masks is to keep respiratory droplets from reaching others to
aid with source control. Masks with one-way valves or vents allow exhaled air to be expelled out
through holes in the material. This can allow exhaled respiratory droplets to reach others and
potentially spread the COVID-19 virus. Therefore, CDC does not recommend using masks if
they have an exhalation valve or vent."
Disinfection of SBBC Licensed Facilities by CITY
CITY shall sanitize all "high" and "low" touch -zones immediately after occupancy of any
interior space within the SBBC Licensed Facilities with Wex-Cide Healthcare Germicidal
Disinfectant (or other comparable product), including but not limited to: All doors and door
handles, stairwell doors and railings, countertops, conference rooms, break rooms, kitchens,
elevator and elevator call buttons, restrooms, microwaves, water dispensers, etc., elevator call
buttons, restrooms, microwaves, water dispensers, etc.
In the event an individual who tests positive for COVID-19 visited a SBBC Licensed Facilities,
the CITY shall thoroughly clean, sanitize and disinfect the facility. Occunants must be sent
home if site sanitization needs to occur during a workday. Immediately after cleaning. the
facilities shall be deemed safe for return to normal operations.
If any individual thinks he or she has been exposed to the virus or if he or she has tested positive
for COVID-19, such individual shall fill out the online Coronavirus Notification Form as soon as
possible and quarantine while waiting for guidance from the SBBC's Risk Management
Department or local/state health officials. Individuals filling out the online form shall identify
themselves as "Volunteer " in response to question number 3 which asks to indicate your 'primary
role in the BCPS community."
Responses to this survey shall be considered educational records with regards to students and
employment records with regards to occupants and are subject to all applicable privacy statutes,
regulations, and guidance including FERPA, IDEA, and HIPAA. The form is pursuant to School
Board Policy 5012 - Treatment of Student and Employees with Communicable Diseases and
Conditions. The information submitted through this form will remain confidential and only shared
with the few individuals needed to maintain a safe environment in our District facilities.
Response Procedures for SBBC Licensed Facilities
that has had a Positive COVID-19 Case in the Past 14 Days
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The CDC has now defined "close contact" which will help determine who should be self-
isolated/quarantined/tested based on potential exposure to COVID-19.
What counts as close contact?
❑ You were within six (6) feet of someone who has COVID-19 for at least 15 minutes.
❑ You provided care at home to someone who is sick with COVID-19.
❑ You had direct physical contact with the person (touched, hugged, or kissed them).
❑ You shared drinking or eating utensils.
❑ They sneezed, coughed, or somehow got respiratory droplets on you.
Steps to take if you have had "close contact" with someone who has COVID-19:
❑ Quarantine: Stay home and monitor your health.
❑ Get tested: Testing is now more readily available. If you are able to schedule a COVID-19 test,
you should do so. (Note: Tests are deemed to be more accurate if conducted more than 24
hours after last potential exposure to the virus.)
Or
❑ Quarantine: Stay home for 14 days after your last contact with the person who has COVID-
19.
❑ Watch for fever (100.4 F), cough, shortness of breath, loss of taste or other symptoms of
COVID-19.
❑ If possible, stay away from others, especially people who are at higher risk for getting very
sick from COVID-19.
The attached CDC Quarantine Guide has additional information about when to start and stop
quarantine.
Anyone who has been in close contact (as defined above) with an individual who has COVID-
19 needs to quarantine for at least fourteen (14) days or, receive two (2) negative COVID-19
test results with one (1) taken more than 24 hours after exposure. This includes contact with
people who previously had COVID-19 and people who have taken a serologic (antibody) test and
have antibodies to the virus.
Quarantine is used to keep someone who might have been exposed to COVID-19 away from
others. Quarantine helps prevent the spread of disease that can occur before a person knows they
are sick or if they are infected with the virus without feeling symptoms. People in quarantine
should stay home, separate themselves from others, monitor their health, and follow directions
from the state or local health department.
Returning to SBBC Licensed Facilities
Any individual who has tested positive for COVID-19 must provide two (2) negative test results
for COVID-19 with one (1) test being done 24 hours before returning to SBBC Licensed Facilities.
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Additionally, anyone who has had close contact with an individual who tested positive for COVID-
19 must either 1) self -quarantine for fourteen (14) days AND be asymptomatic or, 2) provide two
negative results for a COVID-19 test, one of which must have been taken more than 24 hours after
last potential exposure.
If you have any questions, you may contact the Florida Department of Health - Broward Call
Center for COVID-19 at 954-412-7300 or, the SBBC Risk Management Department at (754)
321-1900.
Additional information on COVID-19 is also available on The Center for Disease Control (CDC)
website, www.cdc.gov/nCoV.
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