HomeMy WebLinkAboutR-2013-003 Executed a First Amendment to Existing Agreement with School Board of Broward County relating to Reciprocal Use Agreement RESOLUTION NO. 2013-003
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO
EXECUTE A FIRST AMENDMENT TO AN AGREEMENT EXISTING
BETWEEN THE CITY OF DANIA BEACH AND THE SCHOOL BOARD OF
BROWARD COUNTY RELATING TO THE RECIPROCAL USE
AGREEMENT; 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 proper City officials are authorized to execute a First Amendment
to an Agreement existing between the City and The School Board of Broward County relating to
the Reciprocal Use Agreement.
Section 2. That the City Manager and City Attorney are authorized to make minor
revisions to the First Amendment 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are repealed to such extent of such conflict.
Section 4. That this Resolution shall be in full force and be retroactive to January 25,
2011, upon its passage and adoption.
PASSED AND ADOPTED on January 8, 2013.
ATTEST:
LOUISE STILSON, CMC WAI TER B. DUKE, III
CITY CLERK MAYOR
)'s NRsr Gr`
m
APPROVED AS TO ORM AND CORRECTNESS:
THOMAS SBRO
CITY ATTORNEY
FIRST AMENDMENT
TO
RECIPROCAL USE AGREEMENT
BETWEEN THE SCHOOL BOARD OF BROWARD COUNTY,FLORIDA
AND
THE CITY OF DANIA BEACH
THIS FIRST AMENDMENT ("First Amendment") to RECIPROCAL USE
AGREEMENT is made this day of 2012,by and between:
THE SCHOOL BOARD OF BROWARD COUNTY,FLORIDA
(hereinafter referred to as"SBBC")
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 Dania Beach Boulevard, Dania Beach, Florida 33004
WITNESSETH:
WHEREAS, CITY and SBBC have entered into a Reciprocal Use Agreement, dated
January 25, 2011, (the "Agreement") wherein CITY and SBBC may share resources to support
each other's goals and objectives; and
WHEREAS, CITY, as part of its recreation program; wishes to provide additional
playground recreation facilities for its citizens; and
WHEREAS, the Parties now wish to amend certain terms and conditions of the
Reciprocal Use Agreement:
NOW, THEREFORE, in consideration of the premises and the mutual covenants
contained herein, and for valuable consideration, the receipt and sufficiency of which is
acknowledged,the CITY and SBBC agree as follows:
1. RECITALS. The foregoing recitals are true and correct and are incorporated herein by
reference.
2. AUTHORIZED USE OF CITY FACILITIES BY SBBC. Paragraph 3.3.1 and 3.3.2
of the Reciprocal Use Agreement is hereby amended to read as follows:
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 fifteen(15) calendar days in advance of
Usage. The Notice of Facility Use Form must specify the dates times and facilities to be
used by the 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 his/her designee and the City
manager or his/her designee without a formal amendment of this Agreement T
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. If there is a conflict and the request is not approved the SBBC
may anneal the denial to the Mayor. The Mayor will determine whether to uphold the
denial within fifteen (15) calendar days of filing of the appeal and the decision of the
Mayor upon such appeal shall be final.
3. AUTHORIZED USE OF SBBC FACILITIES BY CITY. Paragraph 4.2 and 4.3
of the Reciprocal Use Agreement is hereby amended to read as follows:
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, 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. The CITY will reimburse SBBC for any costs that SBBC incurs only
as a result of the use of School Board Licensed Facilities by the CITY. These
reimbursable costs include custodial costs to address the operational impact of the
event, energy assessment costs, and personnel costs for providing access to the
facility during non-operational hours. No personnel costs will be assessed for
providing access to the facility during non-operational hours when an authorized
SBBC employee volunteers to provide such access. SBBC employee volunteers
shall not remain at School Board Licensed Facilities after providing access to the
facility duringn on-operational hours. In such cases when the CITY is permitted
unsupervised use of School Board Licensed Facilities, the CITY will ensure that
an agent of the CITY is present during the event to provide appropriate
supervision of all activities and that such agent remains on-site until relieved by
an authorized SBBC employee volunteer. All costs will be reimbursed by the
CITY in accordance with those rates established in the Fee Schedule of School
Board Policy 1341, Use of Broward County School Facilities for Non-School
Purposes. However,each energy bill charged to the CITY as a result of its use of
a School Board Licensed Facility duringnon-operational on-operational hours shall be reduced
by twentypercent 20%). Therefore the CITY shall only pay eighv gercent
(80%) of the total assessed energy bill. SBBC will ensure the CITY is provided
with information re arding 24-hour emergency notification and access protocol at
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the time of the authorization of unsupervised access to School Board Licensed
Facilities to ensure the appropriate emergency procedures and agreed upon special
terms and conditions are followed. The Superintendent or his/her designee will
individually review each Notice of Facility Use to address any concerns not
covered under this Reciprocal Use Agreement or School Board Policy 1341.
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 SBBC 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 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 his/her
designee and the City manager or his/her designee without a formal
amendment of 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 prescheduled use of 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. If there is a conflict and the
request is not approved, the City may appeal the denial to the SBBC's Chief
Service Quality Officer or his/her desipee. The Chief Service Quality
Officer or his/her designee will determine whether to uphold the denial within
fifteen 05)calendar days of filing of the appeal. and the decision of the Chief
Service Quality Officer or his/her designee upon such appeal shall be final.
4. ACCESSIBILITY TO SBBC FACELMS. Paragraph 5.4 of the Reciprocal Use
Agreement is hereby amended to read as follows:
5.4 The SBBC agrees to waive any and all rental fees. The CITY will reimburse
SBBC for any costs that SBBC incurs only as a result of the use of School Board
Licensed Facilities by the CITY. These reimbursable costs include custodial
costs to address the operational impact of the event, energy assessment costs, and
personnel costs for providing access to the facility during non-operational hours.
No personnel costs will be assessed for providing access to the facility during
non-operational hours when an authorized SBBC employee volunteers to provide
such access. SBBC employee volunteers shall not remain at School Board
Licensed Facilities after providing access to the facility during non-operational
hours. In such cases when the CITY is permitted unsupervised use of School
Board Licensed Facilities, the CITY will ensure that an agent of the CITY is
present during the event to provide appropriate supervision of all activities and
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that such agent remains on-site until relieved by an authorized SBBC employee
p yee
volunteer. All costs will be reimbursed by the CITY in accordance with those
rates established in the Fee Schedule of School Board Policy 1341, Use of
Broward County School Facilities for Non-School Purposes. However, each
energy bill charged to the CITY as a result of its use of a School Board Licensed
Facility during non-operational on-operational hours shall be reduced by twenty percent (20%).
Therefore, the CITY shall only pay eighty percent 80%) of the total assessed
energy bill. SBBC will ensure the CITY is provided with information regarding
24-hour emergency notification and access protocol at the time of the
authorization of unsupervised access to School Board Licensed Facilities to
ensure the appropriate emergency procedures and agreed upon special terms and
conditions are followed. The Superintendent or his/her designee will individually
review each Notice of Facility Use to address any concerns not covered under this
Reciprocal Use Agreement or School Board Policy 1341.
4. AMENDMENT PREVAILS. In the event of any conflict between the terms of the
Reciprocal Use Agreement and the terms of this First Amendment,the terms of this First
Amendment shall prevail and control.
5. AUTHORITY. Each person signing this First Amendment on behalf of either party
individually warrants that he or she has full legal power to execute this First Amendment
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 First Amendment.
IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to
Reciprocal Use Agreement on the day and year first written above.
"FOR SBBC"
(CORPORATE SEAL) THE SCHOOL BOARD OF BROWARD
COUNTY,FLORIDA
ATTEST: By:
Laurie Rich Levinson, Chair
Robert W. Runcie, Superintendent of Schools
APPROVED AS TO FORM AND LEGAL
CONTENT:
Office of the General Counsel
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"FOR THE CITY"
ATTEST: CITY OF DANIA BEACH, FLORIDA, a
municipal corporation of the State of Florida
LOUISE STILSON,CMC WALTER B. DUKE, III,
CITY CLERK MAYOR
APPROVED AS TO FORM
AND LEGALITY APPROVED BY:
THOMAS J. ANSBRO ROBERT BALDWIN
CITY ATTORNEY CITY MANAGER
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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. 11t'Terrace
Dania Beach,FL 33004
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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 Times)Needed
CHARGES(IF APPLICABLE)
Service/item Fee
Total Fee(s) Due
NOTE:time list the Sernkv?em ow ado&wd blank panes)if you mxd+p&w far addtfioad information
CONTACTS/AUTHORIZED SIGNATURE
For School: Principal For Local Government: Parks and Recreation Director or
Equivalent Position
Name Name
Title
_._ . __ _ _ _ Title
Date
__ Date
Signature: Signature:
r Approve r Disapprove r Approve r Disapprove
RATIONALE FOR DISAPPROVAL
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FOR SBBC USE ONLY
IF DISAPPROVED APPEAL TO
OFFICE OF CHIEF SERVICE QUALITY OFFICER
1643 North Harrison Parkway, Building H
Sunrise, FL 33323
Phone:(754)321-3636; Fax:(754)321-3691
State Reasons for Appeal
r Appeal Approved r Appeal Disapproved
Authorized Signature:
Title Date:
State Rational for Disapproval
FOR MUNICIPAL USE ONLY
IF DISAPPROVED APPEAL TO
CITY/TOWN MANAGER
State Reasons for Appeal
Appeal Approved r Appeal Disapproved
Authorized Signature:
Title Date:
State Rational for Disapproval
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