HomeMy WebLinkAboutR-2015-111- Executed a Reciprocal Use Agreement with Broward County School Board RESOLUTION 2015-111
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 USE
BY THE CITY AND THE BOARD 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 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are repealed to the extent of such conflict.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 September 21, 2015.
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ATTEST:
LOUISE STILSON, C C O A. SALVINO SR.
CITY CLERK . � YOR
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APPROVED AS To FO AND CORREC SS:
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THO AS J. S
CITY ATT RNEY
RECIPROCAL USE AGREEMENT
THIS AGREEMENT, made and entered into this day of
2015, 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, 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
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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:
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, 2015.
2.02 City Licensed Facilities.
2.02.1 Authorized Use of City Licensed Facilities by SBBC. City owns and
operates a number of 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 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. The City
agrees to waive any and all rental fees (excluding any custodial costs and energy assessments
costs, when applicable) associated with 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 SBBC's use. All costs that are the responsibility of SBBC shall be paid within 30 days
of receipt of an invoice from the City.
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.
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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. 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 not approved, SBBC
may appeal the denial to the City Manager. The City Manager will determine whether to uphold
the denial within fifteen (15) 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, be in compliance 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 parry 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
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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.
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 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.
2.02.8 Vacation of Cif 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 facilities (hereinafter referred to as "SBBC Licensed Facilities")
throughout the county, including elementary, middle, high and technical schools sites and
training facilities located in 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, homeowners association and community meetings at these sites. SBBC agrees to
allow City use of SBBC 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:
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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 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 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. 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.
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.
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
6 RESOLUTION#2015-111
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 School Board 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, except this section does not
apply to School Allied Groups.
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
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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.
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 fifteen(15)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. 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 SBBC Licensed Facilities and Fees for the Facilities.
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 SBBC 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 SBBC 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 during non-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 SBBC
Licensed Facilities to ensure the appropriate emergency procedures and 'agreed upon special
terms and conditions are followed. The Superintendent or designee will individually review each
Notice of Facility Use to address any concerns not covered under this Reciprocal Use Agreement
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or SBBC Policy 1341. All costs that are the responsibility of the City shall be paid within 30
days of receipt of an invoice from SBBC.
2.06 Additional Services at SBBC Licensed Facilities. The cost for additional
services, i.e., security, law enforcement,personnel, etc., for events at City Licensed Facilities and
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 or Lease
Agreement and executed by the parties.
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. City further acknowledges to maintain, at its sole discretion, Specific
Excess General Liability in the amount of $5,000,000 combined single limit per occurrence,
solely for any liability resulting from entry of a claims-bill pursuant to Section 768.28(5) Florida
Statutes, or liability imposed pursuant to Federal Law.
In the event a governmental entity maintains Commercial General Liability, the governmental
entity shall maintain a limit of liability not less than $1,000,000 Each Occurrence / $2,000,000
General Aggregate; and in the event Commercial Automobile Liability is maintained, the
governmental entity shall maintain not less than a $1,000,000 Combined'' Single Limit. The
governmental entity 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 self-insurance under a Risk
Management Program in accordance with Section 768.28 Florida Statutes, for General and
Automobile Liability.
2.08.1 Self-insured 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).
2.08.2 Those governmental entities that maintain Commercial General
Liability, agree to endorse SBBC as an additional insured under the endorsement, GC 2011 01
96 Additional Insured— Managers or Lessors of Premises, or an endorsement providing equal or
similar scope of coverage.
2.08.3 Automobile Liability Insurance: Each party shall maintain
Automobile Liability Insurance covering all Owned, Non-Owned and Hired vehicles in an
amount of not less than One Million Dollars ($1,000,000)per occurrence Combined Single Limit
for Bodily Injury and Property Damage.
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2.08.4 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
potential to cause a fire on School Board 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.
2.08.5 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 Statute.
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.
2.08.6 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.
2.08.7 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:
2.08.7.1 All self-insurance and/or liability policies are primary over all
other valid and collectable coverage maintained by The School Board of Broward County,
Florida. (Certificate Holder: The School Board of Broward County, 600 Southeast Third
Avenue, Fort Lauderdale, Florida 33301).
2.08.8 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.
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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:
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 - 8 Floor
Fort Lauderdale, Florida 33301
To City: Director, Parks and Leisure Services
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 agrees 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 school grounds when students are present, (2) will have direct contact with
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
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 and its 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 in City'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.
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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 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.
12 RESOLUTION#2015-111
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.
3.05 Termination. This Agreement may be canceled with or without cause by
SBBC 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.
13 RESOLUTION#2015-111
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 with interest calculated from the date of the erroneous payment or overpayment.
Interest shall be calculated using the interest rate for judgments under Section 55.03, Florida
Statutes, applicable at the time the erroneous payment or overpayment was made by SBBC.
3.09 Public Records. Pursuant to Section 119.0701, Florida Statutes, any party
contracting with SBBC is required to (a) keep and maintain available for public inspection any
records that pertain to services rendered under this Agreement; (b)provide the public with access
to public records on the same terms and conditions that SBBC would provide such 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 SBBC all public
records in that party's possession upon termination of its contract with SBBC 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
SBBC in a format that is compatible with SBBC'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 suction or of Sections
1002.22 and/or 1002.221, Florida Statutes.
3.11 Compliance with Laws. Each party shall comply with all applicable federal and
state laws, codes, rules and regulations in performing its duties, responsibilities and obligations
pursuant to this Agreement.
14 RESOLUTION#2015-111
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
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 or 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" and "C" 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
15 RESOLUTION#2015-111
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 parry'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 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, 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.
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.
IN WITNESS WHEREOF, the parties hereto have each executed this Agreement for
reciprocal use of facilities on the dates indicated below.
16 RESOLUTION#2015-111
FOR SBBC
(CORPORATE SEAL) THE SCHOOL BOARD OF BROWARD
COUNTY, FLORIDA
ATTEST: By:
Donna P. Korn, Chair
Date:
Robert W. Runcie, Superintendent of Schools
Approved as to form and legal content:
Office of the General Counsel
The foregoing instrument was acknowledged before me this day of
, 20 by of
(Name of Person) (Name of Corporation
or Agency)
on behalf of the agency.
He/She is personally known to me or produced as
identification and did/did not first take an oath. (Type of Identification)
My Commission Expires:
Signature—Notary Public
(SEAL) Printed Name of Notary
Notary's Commission No.
17 RESOLUTION#2015-111
FOR CITY
ATTEST: CITY OF DANIA BEACH, FLORIDA, a
municipal corporation of the State of Florida
Louise Stilson, CITY Clerk Marco Salvino, Mayor
Date:
Endorsed as to Form& Legality for the
Use and Reliance of the City of Dania Beach,
Florida, only.
Thomas Ansbro, City Attorney
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this day of
, 20 by of
(Name of Person) (Name of Corporation
or Agency)
on behalf of the agency.
He/She is personally known to me or produced as
identification and did/did not first take an oath. (Type of Identification)
My Commission Expires:
Signature—Notary Public
(SEAL) Printed Name of Notary
Notary's Commission No.
18 RESOLUTION#2015-111
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.
Bill Metcalf Sailing Center Mildred V. Jones Park
5000 Anglers Avenue Corner of NW 2nd Street&NW 14' Way
C.W. Thomas Park/Gym Mullikin Park
100 NW 8th Avenue 230 SW Ist Court
Chester Byrd Park Northside/Melaleuca Park
1021 SW 12th Avenue 850 NW IOth Street
Dania Beach Ocean Park P. J. Meli Park and Community Center/
100 N. Beach Road Aquatic Comdplex
2901 SW 52" Street
Frost Park Recreational Complex/Gym
300 NE 2nd Street SW Community Center
230 SW 12th Avenue
I.T. Parker Community Center
901 NE 3`d Street
19 RESOLUTION#2015-111
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,
Collins Elementary School
1050 NW 2nd Street
Dania Beach Elementary School
300 SE 2nd Avenue
Olsen Elementary School
330 SE 1ld' Terrace
20 RESOLUTION#2015-