HomeMy WebLinkAboutR-2010-190 School Board of Broward County Reciprocal Use Agreement RESOLUTION NO. 2010-190
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO
ENTER INTO AN AGREEMENT WITH THE SCHOOL BOARD OF
BROWARD COUNTY FOR THE RECIPROCAL USE OF CITY AND
SCHOOL BOARD FACILITIES; PROVIDING FOR CONFLICTS; FURTHER,
PROVIDING FOR AN EFFECTIVE DATE.
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA:
Section 1. That the City Commission of the City of Dania Beach authorizes the
proper City officials to enter into an agreement with the School Board of Broward County for the
reciprocal use of City and School Board facilities, a copy of which Agreement is attached as
Exhibit"A", and is incorporated into this Resolution by this reference.
Section 2. That all resolutions or parts of resolutions in conflict with this Resolution
are repealed to the extent of such conflict.
Section 3. That this Resolution shall be in full force and effect immediately upon its
passage and adoption.
PASSED and ADOPTED on November 9, 2010.
C. K. McELY
ATTEST: AYOR—COMMISSIONER
LOUISE STILSON, CMC
CITY CLERK
APPROVED A O F AND CORRECTNESS:
I - --)
THO AS J S R
CITY ATTORNEY
EXHIBIT"A"
RECIPROCAL USE AGREEMENT
BETWEEN THE CITY OF DANIA BEACH, FLORIDA
AND
THE SCHOOL BOARD OF BROWARD COUNTY,FLORIDA
THIS AGREEMENT,made and entered into this day of
2010,by and between:
THE CITY OF DANIA BEACH, FLORIDA,
(hereinafter referred to as "CITY")
a municipal corporation of the State of Florida
100 West Dania Beach Boulevard, Dania Beach, Florida 33004
and
THE SCHOOL BOARD OF BROWARD COUNTY, FLORIDA
(hereinafter referred to as "SBBC")
600 Southeast Third Avenue, Fort Lauderdale, Florida 33301
WITNESSETH:
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, SBBC, as the controlling body of the public 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
2 RESOLUTION#2010-190
WHEREAS, CITY owns, operates and maintains numerous facilities suitable for use by
SBBC for its educational, and training programs; and
WHEREAS, CITY staff 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:
1. RECITALS
The parties agree the foregoing recitals are true and correct and that such recitals
are incorporated herein by reference.
2. TERM
The term of this Agreement shall be for a period of five years from December 13,
2010 unless terminated earlier pursuant to Article 10 of this Agreement.
3. AUTHORIZED USE OF CITY FACILITIES BY SBBC
3.1 CITY owns and operates a number of facilities located in the City of Dania
Beach, Florida, which are suitable for use by the SBBC for its educational and
training programs.
3.2 CITY agrees to allow the SBBC use of CITY 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 City
Manager or his/her designee and the Superintendent or his/her designee. The
CITY agrees to waive any and all rental fees (excluding any Custodial costs and
Energy Assessments costs, when applicable) associated with the SBBC's use of
CITY facilities. However, the parties agree there will be no charges for normal
and customary operational costs associated with the facility use during the normal
hours of operations, unless additional costs will be incurred as a result of the
SBBC's use.
3.3 The following procedure shall be followed whenever the SBBC desires to use any
City Licensed Facilities:
3.3.1 The SBBC shall submit a Notice of Facility Use form, attached hereto and
incorporated herein by reference as Exhibit "C", to the City Manager or
his/her designee for use of City Licensed Facilities a minimum of ten (10)
3 RESOLUTION#2010-190
days in advance of usage. The Notice of Facility Use form must specify
the dates, times and facilities desired, to be used by the SBBC and any
other special terms and conditions pertaining to such usage not in conflict
with this Agreement.
3.3.2 The City Manager or his/her designee shall determine if the requested use
conflicts or interferes with any other usage of the CITY Licensed Facility.
If there is no conflict in use and human resources are available, the request
will be approved and returned to the SBBC.
3.4 Said City Licensed Facilities are to be used by the 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.
3.5 The use of said City Licensed Facilities by the SBBC shall, at all times, be in
compliance with the laws of the State of Florida, local laws and CITY Code of
Ordinances. The SBBC shall require its instructors, agents, students and invitees
to follow all rules and regulations promulgated by CITY.
3.6 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 the 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'S City Manager or his/her 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 the 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.
3.7 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
4 RESOLUTION#2010-190
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
his/her 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.
3.8 CITY assumes no responsibility whatsoever for any property placed on its
premises by SBBC, its agents, employees, representatives, independent
contractors or invitees.
3.9 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.
3.10 SBBC shall not construct any improvements upon any of City 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.
3.11 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.
3.12 CITY shall provide and maintain the parking lot, parking lot lighting, and ingress
and egress at all City Licensed Facilities.
4. AUTHORIZED USE OF SBBC FACILITIES BY CITY
4.1 SBBC owns, operates and maintains various facilities (hereinafter referred to as
"School Board Licensed Facilities") throughout the county, including elementary,
middle, high and technical schools sites and training facilities located in the City
5 RESOLUTION#2010-190
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,homeowners association and community meetings at these sites.
4.2 SBBC agrees to allow CITY use of SBBC facilities (hereinafter referred to as
"School Board Licensed 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 his/her designee and
the City Manager or his/her designee. The SBBC agrees to waive any and all
rental fees (excluding any Custodial costs and Utility costs, when applicable). The
CITY's use of School Board Licensed Facilities is governed by Policy 1341, Use
of Broward County School Facilities for Non-School Purposes. However, the
parties agree there will be no charges for energy and custodial services costs on
school days during the normal operational hours when custodial staff is present,
unless additional costs will be incurred as a result of the CITY's use. After the
normal operational school hours or on non-school days, when custodial staff
presence is required, the CITY shall pay utility and custodial costs, and any
personnel costs incurred. The current Fee Schedule, as amended periodically by
changes to the Consumer Price Index (CPI),will be used to compute charges.
4.3 The following procedure shall be followed whenever the CITY desires to use any
School Board Licensed Facilities:
(a) CITY shall submit a Notice of Facility Use form, attached hereto and
incorporated herein by reference as Exhibit "C" to the Superintendent or
his/her designee for use of School Board Licensed Facilities a minimum of ten
(10) days in advance of usage. 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.
(b) The Superintendent or his/her designee shall determine if the requested use
conflicts or interferes with the regular or extracurricular school program, or
with any other prescheduled use of the School Board Licensed Facilities by
other parties. If there is no conflict in use and human resources are available,
the request will be approved and returned to the City.
4.4 The use of School Board Licensed Facilities by the CITY shall, at all times be in
compliance with the applicable laws of the State of Florida and SBBC policies.
4.5 SBBC shall have the continuing duty to maintain School Board Licensed
Facilities and equipment in a safe condition and to ensure that any unsafe
condition or defect in or upon School Board 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
6 RESOLUTION#2010-190
premises or equipment, the 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 School Board Licensed Facilities or equipment,
CITY becomes aware of any dangerous condition in or upon SBBC licensed
premises or equipment, CITY shall, as soon as reasonably possible, notify the
principal of the School Board 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. The
SBBC shall have final determination as to what is deemed "unsafe". If the CITY
does not notify the 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.
4.6 SBBC and its officers, agents and employees engaged in the operation,
maintenance or repair of the School Board Licensed Facilities reserve the right, at
any time, to enter upon and have free access to any and all parts of School Board
Licensed Facilities. SBBC shall have the right to observe all operations of CITY
at School Board 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 reasonable judgment of the
Superintendent or his/her designee of School Board 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 the School Board 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.
4.7 SBBC assumes no responsibility whatsoever for any property placed on the
premises by CITY, its agents, employees, representatives, independent contractors
or invitees.
4.8 SBBC shall provide and maintain the parking lot, parking lot lighting and ingress
and egress at all School Board Licensed Facilities.
4.9 CITY shall not construct any improvements upon any of School Board Licensed
Facilities during the term of this Agreement without the prior written consent of
SBBC. Any improvement constructed upon School Board 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
7 RESOLUTION#2010-190
store said items and CITY shall reimburse SBBC for the costs of relocating and
storing the items.
4.10 Upon vacation of School Board Licensed Facilities after each use and occupancy,
CITY shall leave School Board 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 School Board Licensed Facilities by CITY.
4.11 CITY agrees not to bring onto School Board 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 School Board 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 the School Board Licensed Facilities and the right to require their
immediate removal from the property.
4.12 The principal shall require the use of regular food service workers when fixed
kitchen equipment 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, except this section does not apply to School
Allied Groups.
4.13 Background Screening. CITY agrees to comply with all requirements of
Sections 1012.32 and 1012.465, Florida Statutes, and that all of City's personnel
who (1) are to be permitted access to district school grounds when students are
present, (2) will have direct contact with district school students or (3) have
access or control of 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 SBBC in
advance of CITY or its personnel providing any services under the conditions
described in the previous sentence. CITY will 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's personnel. The Parties agree that the
failure of CITY to perform any of the duties described in this section shall
constitute a material breach of this Agreement entitling SBBC to terminate
immediately with no further responsibilities or duties to perform under this
Agreement. To the extent permitted by law, CITY agrees to indemnify and hold
harmless SBBC, its officers and employees from any liability in the form of
physical or mental injury, death or property damage resulting from City's failure
to comply with the requirements of this Section or Sections 1012.32 and
1012.465, Florida Statutes. Nothing herein shall be construed as a waiver by
8
RESOLUTION#2010-190
SBBC or CITY of sovereign immunity or of any rights, immunities or limits to
liability existing under the common law or Section 768.28,Florida Statutes.
5. ACCESSIBILITY TO SBBC FACILTIES
5.1 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. Use of additional athletic facilities may be
covered by a separate agreement.
5.2 The CITY may submit a Notice of Facility Use form to the Superintendent of
Schools or his/her designee (e.g. school principal) for the use or enjoyment of
additional school facilities, outside the City limits, a minimum of ten (10) days in
advance of usage.
5.3 The Superintendent of Schools or his/her designee (school principal) shall
determine if the requested use conflicts or interferes with any other usage of the
School Board Licensed Facility and approve or deny the use. In the event of a
scheduling conflict, priority will be given to the municipality in which the school
is located.
5.4 The SBBC agrees to waive any and all rental fees (excluding any Custodial costs
and Utility costs, when applicable). The CITY's use of School Board Licensed
Facilities is governed by Policy 1341, Use of Broward County School Facilities
for Non-School Purposes. However, the parties agree there will be no charges for
energy and custodial services costs on school days during the normal operational
hours when custodial staff is present, unless additional costs will be incurred as a
result of the CITY's use. After the normal operational school hours or on non-
school days, when custodial staff presence is required, the CITY shall pay utility
and custodial costs, and any personnel costs incurred. The current Fee Schedule,
as amended periodically by changes to the Consumer Price Index (CPI), will be
used to compute charges.
5.5 The cost for additional services, i.e., security, law enforcement, personnel, etc.,
for events at City Licensed Facilities and School Board 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 or Lease
Agreement and executed by the parties.
6. DISCRIMINATION
Neither party shall discriminate against any employee or participant in this agreement
regardless of age, religion, race, color, creed, sex, handicap, marital status,national origin
or sexual orientation.
9 RESOLUTION#2010-190
7. INSURANCE
7.1 Upon execution of this agreement, each party shall submit to the other, copies of
its certificate(s) of insurance or self-insurance evidencing the required coverage.
In the event any insurance certificate provided indicates that the insurance shall
terminate and lapse during the period of this Agreement, then in that event, at
least thirty (30) calendar days prior to expiration of the date of such insurance, a
renewed certificate of insurance as proof that equal and like coverage for the
balance of that period of the contract and extension thereunder is in effect.
7.2 Each party shall procure and maintain at its own expense, and keep in effect
during the full term of the Agreement, a policy or policies of insurance or the
equivalent reserves in its self-insurance program with the following coverages and
minimum limits of liability:
(a) Worker's Compensation Insurance for statutory obligations imposed by
Worker's Compensation;
(b) Commercial Automobile Liability Insurance for all owned, non-owned
and hired automobiles and other vehicles used by the parties in the
performance of their respective obligations regarding this Agreement with
the following minimum limits of liability with no restrictive
endorsements:
$1,000,000 Combined Single Limit,per occurrence, Bodily Injury and
Property Damage;
(c) Comprehensive General Liability (occurrence form) with the following
minimum limits of liability with no restrictive endorsements:
$1,000,000 Combined Single Limit, per occurrence, Bodily Injury and
Property Damage.
Coverage shall specifically include the following with minimum limits not
less than those required for Bodily Injury Liability and Property Damage
Liability
1. Premises and Operations;
2. Independent Contractors;
3. Product and Complete Operations Liability;
4. Contractual Coverage applicable to the Agreement and specifically
insuring the indemnification and hold harmless agreement
contained in Paragraph 8 of the Agreement.
10 RESOLUTION#2010-190
7.3 These insurance requirements shall not relieve or limit the liability of either party.
Both parties reserve the right to require other insurance coverage that it deems
necessary depending upon the risk of loss and exposure to liability.
7.4 Violations of the terms of this Paragraph and its subparts shall constitute a 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.
7.5 No activities under this Agreement shall commence until the required certificates
of insurance have been received and approved by the Risk Managers of each
ply.
8. 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 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 either party's rights,
immunities or limits to liability existing under the common law or Section 768.28,
Florida Statutes.
9. 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.
11 RESOLUTION#2010-190
10. TERMINATION
Each party to this agreement shall have the unrestricted right to terminate this Agreement,
without cause, by furnishing one hundred twenty (120) calendar days advance written
notice to the other party.
11. 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.
12. ASSIGNMENT
Neither this Agreement, nor any interest herein, may be assigned, transferred, by any
party without the prior 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.
13. NOTICE
Notices required by this Agreement shall be deemed delivered upon mailing by certified
mail, return receipt requested, to the following persons and addresses:
AS TO CITY: Robert Baldwin, City Manager
City of Dania Beach, Florida
100 West Dania Beach Boulevard
Dania Beach, Florida 33004
WITH A COPY TO: Thomas J. Ansbro, City Attorney
City of Dania Beach, Florida
100 West Dania Beach Boulevard
Dania Beach, Florida 33004
AS TO SBBC: Superintendent of Schools
The School Board of Broward County, Florida
600 Southeast 3rd Avenue
Fort Lauderdale, Florida 33301
WITH COPIES TO: Director, Growth Management
School Board of Broward County, Florida
600 Southeast 3rd Avenue
Fort Lauderdale, Florida 33301
12 RESOLUTION#2010-190
Director, Community Involvement
The School Board of Broward County, Florida
600 Southeast 3rd Avenue
Fort Lauderdale, Florida 33301
14. GOVERNING LAW AND VENUE
This Agreement shall be governed by the laws of the State of Florida. Any and all legal
action necessary to enforce this agreement will be held in Broward County, Florida.
15. SEVERABILITY
If any part of this Agreement is found to be in conflict with applicable laws, such part
shall be null and void insofar as it is found in conflict with the laws of the State of
Florida,but the remainder of the Agreement shall be and remain in full force and effect.
16. MODIFICATION AND WAIVER
This Agreement together with Exhibits A, B and C hereto, contains the entire
understanding of the parties relating to the subject matter hereof superseding all prior
communications between the parties whether oral or written, and this Agreement may not
be altered, amended, modified or otherwise changed nor may any of the terms hereof be
waived, except by a written instrument executed by both parties. The failure of a party to
seek redress for violation of or to insist on strict performance of, any of the covenants of
this Agreement shall not be construed as a waiver or relinquishment for the future of any
covenant, term, condition or election but the same shall continue and remain in full force
and effect. 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.
17. 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 premises or
SBBC'S premises is conferred to the using party under the provisions hereof.
18. AUTHORITY
Each person executing this Agreement on behalf of either party, individually warrants
that he/she has full legal authority to execute this Agreement on behalf of the party for
whom he/she is signing, and to bind and obligate such party with respect to all provisions
contained in this Agreement.
13 RESOLUTION#2010-190
19. 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. Neither party
intends 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 manner arising out of any contract.
IN WITNESS WHEREOF, the parties hereto have each executed this Agreement for
reciprocal use of facilities on the dates indicated below.
"FOR CITY"
ATTEST: CITY OF DANIA BEACH, FLORIDA, a
municipal corporation of the State of Florida
Louise Stilson, CMC C. K. McElyea,Mayor
City Clerk
Date:
APPROVED AS TO LEGAL FORM APPROVED BY:
AND CORRECTNESS:
Thomas J. Ansbro Robert Baldwin
City Attorney City Manager
14 RESOLUTION#2010-190
i
"FOR SBBC"
(CORPORATE SEAL) THE SCHOOL BOARD OF BROWARD
COUNTY, FLORIDA
i
By.
Chair
ATTEST: Date:
James F. Notter
Superintendent of Schools
APPROVED AS TO FORM AND
LEGAL CONTENT:
School Board Attorney
15 RESOLUTION#2010-190
EXHIBIT "A"
CITY 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 his/her designee) and the City
Manager(or his/her designee) and without formal amendment of this Agreement,
Frost Park I. T. Parker Community Center
300 NE 2nd Street 901 NE 3rd Street
Dania Beach, FL 33004 Dania Beach, FL 33004
C. W. Thomas Park SW Community Center
800 NW 2nd Street 230 SW 12th Avenue
Dania Beach,FL 33004 Dania Beach, FL 33004
P. J. Meli Park and Community Center Bill Metcalf Sailing Center
2901 SW 52"d Street 5000 Anglers Avenue
Dania Beach, FL 33004 Dania Beach, FL 33004
Chester Byrd Park Mildred V. Jones Park
1021 SW 2nd Avenue Corner of NW 2nd Street& 14th Way
Dania Beach, FL 33004 Dania Beach, FL 33004
Northside/Melaleuca Park Dania Beach Park
850 NW IOth Street 100 N. Beach Road
Dania Beach, FL 33004 Dania Beach, FL 33004
Mullikin Park
230 SW lst Court
Dania Beach,FL 33004
16 RESOLUTION#2010-190
EXHIBIT "B"
DANIA BEACH SCHOOLS **
** Other School Board-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,
Dania Elementary School
300 S.E. 2nd Avenue
Dania Beach,FL 33004
Olsen Middle School
330 S.E. llch Terrace
Dania Beach, FL 33004
17 RESOLUTION#2010-190
EXHIBIT "C"
NOTICE OF FACILITY USE
City of Dania Beach,Florida/The School SBBC of Broward County, Florida(SBBC)
Date
Location
Type of Activity
Facility Dates Times
Charges (if applicable)
Service/Item Amount
Contact Person(City)
Phone
Contact Person(School)
Phone
Authorized Signature
CITY SBBC
(Approved/Disapproved) (Approved/Disapproved)
18 RESOLUTION#2010-190