HomeMy WebLinkAboutCity of Tamarac Resolution R-2017-046Temp. Reso. #12938 —April 6, 2017
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CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2017-
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA, APPROVING THE RECIPROCAL
USE AGREEMENT BETWEEN THE CITY OF TAMARAC
AND THE SCHOOL BOARD OF BROWARD COUNTY,
FLORIDA, AUTHORIZING THE APPROPRIATE CITY
OFFICIALS TO EXECUTE THE RECIPROCAL AGREEMENT
TO PROVIDE RECIPROCAL USE OF CITY AND SCHOOL
BOARD FACILITIES FOR A TERM OF FIVE (5) YEARS,
COMMENCING ON JUNE 3, 2017 AND EXPIRING JUNE 2,
2022; PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, partnerships instill a sense of civic pride and responsibility in students
that will last far beyond their educational experience; and
WHEREAS, cities and schools may share resources to support each other's goals
and objectives; and
WHEREAS, this collaboration provides the opportunity to develop a seamless
communication between City officials, City staff, and their counterparts in the school
district; and
WHEREAS, as part of its recreation program, the City of Tamarac wishes to provide
additional recreation facilities for its citizens; and
WHEREAS, the School Board of Broward County wishes to provide additional
facilities for its programming; and
WHEREAS, the Director of Parks and Recreation recommends execution of a
Reciprocal Use Agreement between the City of Tamarac and the School Board of Broward
County, Florida; and
Temp. Reso. #12938 —April 6, 2017
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WHEREAS, the City Commission of the City of Tamarac, Florida, deems it to be in the best
interests of the citizens and residents of the City of Tamarac to execute a Reciprocal Use
Agreement between the City of Tamarac and the School Board of Broward County, Florida.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
TAMARAC, FLORIDA:
SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and
confirmed as being true and correct and are hereby made a specific part of this
resolution. All exhibits attached hereto are hereby incorporated herein by this reference.
SECTION 2: That the City Commission approves of the Reciprocal Use Agreement
between the City of Tamarac and the School Board of Broward County, Florida, a copy
hereto attached as "Exhibit 1 ", and appropriate City Officials are hereby authorized to
execute the Reciprocal Use Agreement to provide reciprocal use of City and School Board
facilities for a term of five years, commencing June 3, 2017 and expiring June 2, 2022.
a
SECTION 3: All Resolutions or parts of Resolutions in conflict herewith are hereby
repealed to the extent of such conflict.
SECTION 4: If any clause, section, other part or application of this Resolution is
held by any court of competent jurisdiction to be unconstitutional or invalid, in part or
application, it shall not affect the validity of the remaining portions or applications of this
Resolution.
Temp. Reso. #12938 —April 6, 2017
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SECTION 5: This resolution shall become effective immediately upon its passage and
adoption.
PASSED, ADOPTED AND APPROVED this / d day of MA. 7.
HAR Y DRESSLER
MAYOR
ATTEST:
AW vqoz/
PATRICIA TEUF L, WC
CITY CLERK
RECORD OF COMMISSION VOTE:
MAYOR DRESSLER A
DIST 1: COMM. BOLTON
DIST 2: COMM. GOMEZ
DIST 3: COMM. FISHMAN
DIST 4: VICE MAYOR PLACKO .�
I HEREBY CERTIFY THAT I HAVE
APPROVED THIS RESOLUTION
AS TO FORM
pJJITYATTMNEY
MU L S. REN
Temp. Reso. # 1293 8 - Exhibit 1
RECIPROCAL USE AGREEMENT
THIS AGREEMENT, made and entered into this day of 2-V/11
2017, 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 TAMARAC, FLORIDA
(hereinafter referred to as "City")
a municipal corporation of the State of Florida
whose address is
7525 NW 88th Avenue, Tamarac, Florida 33321
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 Tamarac suitable for use by
City in its municipal programs; and
WHEREAS, SBBC wishes to provide additional facilities for its programming; and
WHEREAS, City owns, operates and maintains numerous facilities suitable for use by SBBC. for
its educational, and training programs; and
WHEREAS, City and District staff 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
Reciprocal Use Agreement with the City of Tamarac Page 1 of 21
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
Reciprocal Use Agreement ("Agreement), the term of this Agreement shall be for a period of five (5) years
commencing on June 3, 2017 and expiring on June 2, 2022.
2.02 City Licensed Facilities.
2.02.1 Authorized Use of City Licensed Facilities by SBBC. City owns and operates a
number of parks and facilities located in the City of Tamarac, Florida, which are suitable for use by SBBC
for its educational and training programs. The City agrees to allow SBBC use of City parks and facilities
and any improvements thereon (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 of Schools ("Superintendent") or
designee (e.g. school principal).
2.02.2 Procedure to Request Use of City Licensed Facilities. The following procedure
shall be followed whenever SBBC desires to use any City Licensed Facilities:
2.02.2.1 SBBC shall submit a Notice of Facility Use form, attached hereto and
incorporated herein by reference as Exhibit "C", to the Director, Parks and Recreation or designee for
use of City Licensed Facilities a minimum of fifteen (15) calendar days in advance of usage. The Notice
of Facility Use form must specify the dates, times and facilities desired, to be used by SBBC and any other
special terms and conditions pertaining to such usage not in conflict with this Agreement. The Notice of
Facility Use Form may be revised by mutual agreement of the Superintendent of Schools or designee and
the Director, Parks and Recreation or designee without a formal amendment of this Agreement.
2.02.2.2 The Director, Parks and Recreation or designee shall determine if
the requested use conflicts or interferes with any other usage of the City Licensed Facility within eight (8)
calendar days of receipt of the request. If there is no conflict in use and human resources are available,
the request will be approved and returned to SBBC. If there is a conflict and the request is not approved,
SBBC may appeal the denial to the City Manager. The City Manager will determine whether to uphold
the denial within seven (7) calendar days of filing the initial request, and the decision of the City Manager
upon such appeal shall be final.
Reciprocal Use Agreement with the City of Tamarac Page 2 of 21
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 SBBC
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 party to sue the City or SBBC, and there shall be no
third party beneficiary.
2.02.4 City Access to City Licensed Facilities. City and its officers, agents and
employees engaged in the operation maintenance or repair of the City Licensed Facilities reserve the right,
at any time, to enter upon and have free access to any and all parts of the City Licensed Facilities. City
shall have the right to observe all operations of SBBC at City Licensed Facilities in regard to ensuring that
said facilities are not subjected to risk of loss. City reserves the right to preclude or interrupt any act or
use of equipment by SBBC within the reasonable judgment of the City Manager or Director, Parks and
Recreation or designee of the affected City Licensed Facilities, if it is necessary in the interest of public
safety to protect person or property from exposure to risk of injury, death, damage or loss. City shall have
the right to inspect any and all parts of City Licensed Facilities and make or cause to be made necessary
repairs thereto, to enforce all necessary and proper rules for the management and operation of the premises
and to enforce the license obligations hereunder.
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
Reciprocal Use Agreement with the City of Tamarac Page 3 of 21
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 City Licensed Facilities. Upon vacation of City Licensed Facilities
after each use and occupancy, SBBC shall leave said facilities in a condition equal to that at the
commencement of that day's usage, ordinary use and wear thereof excepted, and shall remove from the
premises all items of movable personal property brought onto the City Licensed Facilities by SBBC.
2.03 SBBC Licensed Facilities.
2.03.1 Authorized Use of SBBC Licensed Facilities by City. SBBC owns, operates and
maintains various schools and facilities and any improvements thereon (hereinafter referred to as "SBBC
Licensed Facilities") throughout the county, including elementary, middle, high and technical schools
sites and training facilities located in and around the City of Tamarac that may be suitable for use by
residents of the City of Tamarac and the City may desire to place its programs, special functions, training
programs, such as Tamarac Broward Sheriff's Office and/or Fire Department's implementing security
training geared toward preparation for school related incidents and community meetings at these sites.
SBBC agrees to allow City use of SBBC schools and facilities in the City of Tamarac, including, but not
necessarily limited to those described in Exhibit "B", on such days and at such times as are mutually
agreed upon by the Superintendent or designee and the Director, Parks and Recreation or designee.
2.03.2 Procedure to Request Use of SBBC Licensed Facilities. The following procedure
shall be followed whenever the City desires to use any SBBC Licensed Facilities:
2.03.2.1 City shall submit a Notice of Facility Use form, attached hereto and
incorporated herein by reference as Exhibit "C" to the Superintendent or designee for use of SBBC
Licensed Facilities a minimum of fifteen (15) calendar days in advance of usage (including training
programs by the Tamarac Broward Sheriff's Office and/or Fire —Rescue Department). The Notice of
Facility Use form must specify the dates, times and facilities to be used by the City or its residents and
any other special terms and conditions pertaining to such usage not in conflict with this Agreement. The
Notice of Facility Use Form may be revised by mutual agreement of the Superintendent of Schools or
designee and the Director, Parks and Recreation or designee without a formal amendment of this
Agreement.
Reciprocal Use Agreement with the City of Tamarac Page 4 of 21
2.03.2.2 The Superintendent or designee shall determine if the requested use
conflicts or interferes with the regular or extracurricular school program, or with any other prescheduled
use of SBBC Licensed Facilities by other parties within eight (8) calendar days of receipt of the request.
If there is no conflict in use and human resources are available, the request will be approved and returned
to the City. If there is a conflict and the request is not approved, the City may appeal the denial to SBBC's
Director, Service Quality or designee. The Director, Service Quality or designee will determine whether
to uphold the denial within seven (7) calendar days of filing the initial request, 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 local laws of the State of Florida, Federal Laws, and SBBC policies. City
shall require its employees, agents and invitees to follow all 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 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.
Reciprocal Use Agreement with the City of Tamarac Page 5 of 21
2.03.5 City Property on SBBC Licensed Facilities. SBBC assumes no responsibility
whatsoever for any property placed on the premises by City, its agents, employees, representatives,
independent contractors or invitees.
2.03.6 Restrictions on Items Brought onto SBBC Licensed Facilities. City agrees not
to bring onto SBBC Licensed Facilities, any material, substances, equipment or objects that are likely to
endanger the life or to cause bodily injury to any person or damage to SBBC Licensed Facilities or which
are likely to constitute a hazard to property thereon. SBBC shall have the right to refuse to allow any such
materials, substances, equipment or objects to be brought onto SBBC Licensed Facilities and the right to
require their immediate removal from the property.
2.03.7 Construction of Improvements. City shall not construct any improvements
upon any of SBBC Licensed Facilities during the term of this Agreement without the prior written consent
of SBBC. Any improvement constructed upon SBBC Licensed Facilities without prior written approval
of SBBC shall be removed or relocated by City within ten (10) days of written demand by SBBC. City is
authorized to place items of personal property onto the licensed facilities for the use thereon by City
without prior written approval of SBBC. If City fails to remove items of personal property upon
termination of this Agreement, SBBC may remove and store said items and City shall reimburse SBBC
for the costs of relocating and storing the items.
2.03.8 Vacation of SBBC Licensed Facilities. Upon vacation of SBBC Licensed
Facilities after each use and occupancy, City shall leave SBBC Licensed Facilities in a condition equal to
that at the commencement of that day's usage, ordinary use and wear thereof excepted, and shall remove
from the premises all items of movable personal property brought onto the SBBC Licensed Facilities by
City.
2.03.9 Use of Fixed Kitchen Equipment at SBBC Licensed Facilities. The principal
shall require the use of regular food service workers when fixed kitchen equipment on SBBC Licensed
Facilities is used for the preparation of food for banquets, etc., and require the organization to pay the cost
of the food service worker(s) involved according to the adopted School Food Services salary schedule,
including retirement and other fringe benefits. The food service worker shall assist in the preparation
serving and clean up.
2.04 Additional SBBC Licensed Facilities.
2.04.1 Identification of Additional SBBC Licensed Facilities. The City and SBBC
agree to continue to work cooperatively to identify additional school athletic fields and educational
facilities available for use by the residents of the City of Tamarac that are located outside of the City
limits. The use of existing additional athletic facilities outside of the City limits may be covered by a
separate agreement between SBBC and another entity, which dictates the terms of its use.
2.04.2 Procedure to Reauest Use of Additional SBBC Licensed Facilities. The
following procedure shall be followed whenever the City desires to use any additional SBBC Licensed
Facilities that are located outside of the City limits:
Reciprocal Use Agreement with the City of Tamarac Page 6 of 21
2.04.2.1 The City may submit a Notice of Facility Use form (attached hereto and
incorporated herein by reference as Exhibit "C") to the Superintendent of Schools or designee (e.g. school
principal) for the use or enjoyment of additional school facilities, outside the City limits, a minimum of
thirty (30) calendar days in advance of usage.
2.04.2.2 The Superintendent of Schools or designee shall determine if the
requested use conflicts or interferes with any other usage of the proposed additional SBBC Licensed
Facility and approve or deny the requested use within fifteen (15) calendar days of receipt of the request.
If there is no conflict in use and human resources are available, the request will be approved and returned
to the City. If there is a conflict and the request is not approved, the City may appeal the denial to SBBC's
Director, Service Quality or designee. The Director, Service Quality or designee will determine whether
to uphold the denial within fifteen (15) calendar days of the initial request, and the decision of the Director,
Service Quality or designee upon such appeal shall be final. In the event of a scheduling conflict, priority
will be given first to SBBC functions and second to the municipality in which the proposed school is
located.
2.05 Accessibility to City/SBBC Licensed Facilities and Fees for the Facilities.
City/SBBC agrees to waive any and all rental and energy fees (excluding during use for summer
programs). The City/SBBC will reimburse the other party for any costs that City/SBBC incurs only as a
result of the use of City/SBBC Licensed Facilities by the City/SBBC. These reimbursable costs shall be
limited to custodial costs to address the operational impact of the event, energy assessment costs only
during use for summer programs 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 City/SBBC employee and/or employee volunteer provide such
access. City/SBBC employee and/or employee volunteers may not remain at City/SBBC Licensed
Facilities after providing access to the facility during non -operational hours. In such cases when the
City/SBBC is permitted unsupervised use of City/SBBC Licensed Facilities, the City/SBBC will ensure
that an agent of the City/SBBC is present during the event to provide appropriate supervision of all
activities and that such agent remains on -site until relieved by an authorized City/SBBC employee and/or
employee volunteer. The City/SBBC will clean up after every use and will return the Licensed Facilities
to its clean, sanitary and free from trash and debris state prior to utilization by the City/SBBC. However
if the City/SBBC does not clean up after every use, then custodial costs will apply. If custodial costs
apply, the custodial fee will be $176.00 for a four (4) hour daily minimum, and $44.00 each additional
hour. If additional City/SBBC personnel are needed for City/SBBC event the cost will be $44.00 per
hour. Energy costs will only be assessed for City's use of SBBC Licensed Facilities for their summer
programs with each energy bill charged to the City being reduced by twenty percent (20%). Therefore,
the City shall only pay eighty percent (80%) of the total assessed energy bill at twenty-four dollars per
hour ($24.00). The City will be responsible for consumable items costs for the City events with thirty-one
(31) or more people attending a function. For 3 1 -100 people expected at a function City will pay $5.00
per day; for 101-200 people expected at a function $10.00 per day; and $5.00 additional per day for each
additional 100 people expected, or part thereafter. Fees reflected herein may change due to cost escalation
(as cited on the fee schedule in SBBC Policy 1341 as of the effective date of this Agreement and both
parties will refer to SBBC Policy 1341 for fee increases) during the term of this Agreement. If such
happens the City/SBBC will communicate in writing such fee increases in a timely manner and such fees
will become the effective fees and will be charged. City/SBBC will ensure the City/SBBC is provided
Reciprocal Use Agreement with the City of Tamarac Page 7 of 21
with information regarding 24-hour emergency notification and access protocol at the time of the
authorization of unsupervised access to City/SBBC Licensed Facilities to ensure the appropriate
emergency procedures and agreed upon special terms and conditions are followed. All costs that are the
responsibility of the City/SBBC shall be paid within 30 days of receipt of an invoice from City/SBBC.
There will be no cost charged to the City by SBBC for training programs conducted by the Tamarac
Broward Sheriff s Office and/or Fire -Rescue Departments when such training is designed to enhance the
City's response to incidents at SBBC's schools and facilitates. As cited above, if the City does not clean
up after every use and return the Licensed Facilities to its clean, sanitary and free from trash and debris
state prior to utilization by the Tamarac Broward Sheriff s Office and/or Fire -Rescue Departments, then
custodial costs will apply.
2.06 Additional Services at City/SBBC Licensed Facilities. The cost for additional
services, i.e., security, law enforcement, personnel, etc., for events at City/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 or
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.
Each party shall maintain General Liability insurance; the parties shall maintain a limit of liability
not less than $1,000,000 Each Occurrence / $2,000,000 General Aggregate or $2,000,000 Combined
Single Limit. Automobile Liability shall be maintained by each party throughout the term of this
agreement with limits of not less than $1,000,000 Combined Single Limit. 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 self-insurance under a Risk Management Program in accordance with Florida Statutes,
Section 768.28, Florida Statute for General and Automobile Liability.
2.08.1 Worker's Compensation Insurance with Florida statutory benefits in accordance
with Chapter 440, Florida Statute, 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 The City of Tamarac will maintain a General Liability policy and agree to endorse
the School Board as an additional insured under their liability policy including Managers or Lessors of
Premises, or an endorsement providing equal or similar scope of coverage. SBBC agrees to endorse the
City of Tamarac as an additional insured under their liability policy including Managers or Lessors of
Premises, or an endorsement providing similar scope of coverage.
2.08.3 Fire Legal Liability damage to Rented Premises with limits of $500,000 per
occurrence/aggregate. The City/SBBC 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/City Property.
Reciprocal Use Agreement with the City of Tamarac Page 8 of 21
2.08.4 Self-insurance and/or insurance requirements shall not relieve or limit the liability
of either party, except to the extent provided by Florida Statute, Section 768.28.
2.08.5 Violations of the terms of this section and its subparts shall constitute a material
breach of the Agreement and the non -breaching party may, at its sole discretion, cancel the Agreement
and all rights, title and interest shall thereupon cease and terminate.
2.08.6 Required conditions; self-insurance and/or liability policies must contain the
following provisions.
2.08.6.1 For situations in which the City uses SBBC Property: all self-insurance
and/or liability policies of the City are primary over all other valid and collectable coverage maintained
by SBBC, where the liability or damage is caused by the City. (Certificate Holder: School Board of
Broward County, 600 Southeast Third Avenue, Fort Lauderdale, Florida 33301).
2.08.6.2 For situations in which SBBC uses City property: all self-insurance and /or
liability policies of SBBC are primary over all other valid and collectable coverage maintained by the City
of Tamarac, where liability or damage is caused by SBBC. (Certificate Holder: City of Tamarac 7525
NW 88th Avenue, Tamarac, FL 33321.
2.08.7 No activities under this Agreement shall commence until the required proof of self-
insurance and/or certificates of insurance have been received and approved by the Risk Managers of each
party.
2.09 Protection of Public Safety. Each party specifically reserves the right, through its
representatives, to eject any person(s) behaving in an objectionable manner from its own facilities or
facilities of the other it may be using, and upon the exercise of this authority, each party hereby waives
any right and all claims for damages against the other, as a result of the ejection, whether directly or
through any of its agents or employees.
2.10 License not Lease. This Agreement shall not be deemed to be a lease of any facilities,
the use of which is permitted hereunder, but rather a license to use and occupy the respective premises
under the terms and conditions stated herein. No leasehold interest in either City Licensed Facilities or
SBBC Licensed Facilities is conferred to the using party under the provisions hereof.
2.11 Notice. When any of the parties desire to give notice to the other, such notice must be in
writing, sent by U.S. Mail, postage prepaid, addressed to the party for whom it is intended at the place last
specified; the place for giving notice shall remain such until it is changed by written notice in compliance
with the provisions of this paragraph. For the present, the Parties designate the following as the respective
places for giving notice:
To SBBC: Superintendent of Schools
The School Board of Broward County, Florida
600 Southeast Third Avenue
Fort Lauderdale, Florida 33301
Reciprocal Use Agreement with the City of Tamarac Page 9 of 21
With a Copy to: Director, Facility Planning & Real Estate Department
School Board of Broward County, Florida
600 Southeast Third Avenue - 8th Floor
Fort Lauderdale, Florida 33301
To City: City Manager
7525 NW 88th Avenue
Tamarac, FL 33321
With a Copy to: Director, Parks and Recreation
City of Tamarac
6001 Nob Hill Road
Tamarac, FL 33321
With a Copy to: City Attorney
Samuel S. Goren, Esquire
7525 NW 88th Avenue
Tamarac, FL 33321
2.12 Background Screenini: City/SBBC 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 city parks and school grounds when students are present, (2) will have direct contact with students, or
(3) have access or control of city/school funds, will successfully complete the background screening
required by the referenced statutes and meet the standards established by the statutes. This background
screening will be conducted by City/SBBC in advance of City/SBBC or its personnel providing any
services under the conditions described in the previous sentence. City/SBBC shall bear the cost of
acquiring the background screening required by Section 1012.32, Florida Statutes, and any fee imposed
by the Florida Department of Law Enforcement to maintain the fingerprints provided with respect to
City/SBBC and its personnel. The parties agree that the failure of City/SBBC to perform any of the duties
described in this section shall constitute a material breach of this Agreement entitling City/SBBC to
terminate immediately with no further responsibilities or duties to perform under this Agreement. To the
extent permitted by law, City/SBBC agrees to indemnify and hold harmless City/SBBC, its officers and
employees from any liability in the form of physical or mental injury, death or property damage resulting
in City's/SBBC's failure to comply with the requirements of this Section or with Sections 1012.32 and
1012.465, Florida Statutes. Nothing herein shall be construed as a waiver by SBBC or City of sovereign
immunity or of any rights or limits to liability existing under Section 768.28, Florida Statutes.
2.13 Indemnification. Each party agrees to be fully responsible for its acts of negligence, or
its employees' acts of negligence when acting within the scope of their employment and agrees to be liable
for any damages resulting from said negligence. 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.
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.
Reciprocal Use Agreement with the City of Tamarac Page 10 of 21
ARTICLE 3 — GENERAL CONDITIONS
3.01 No Waiver of Sovereign Immunity. Nothing herein is intended to serve as a waiver of
sovereign immunity by any agency or political subdivision to which sovereign immunity may be
applicable or of any rights or limits to liability existing under Section 768.28, Florida Statutes. This
section shall survive the termination of all performance or obligations under this Agreement and shall be
fully binding until such time as any proceeding brought on account of this Agreement is barred by any
applicable statute of limitations.
3.02 No Third Party Beneficiaries. The parties expressly acknowledge that it is not their
intent to create or confer any rights or obligations in or upon any third person or entity under this
Agreement. None of the parties intend to directly or substantially benefit a third party by this Agreement.
The parties agree that there are no third party beneficiaries to this Agreement and that no third party shall
be entitled to assert a claim against any of the parties based upon this Agreement. Nothing herein shall
be construed as consent by an agency or political subdivision of the State of Florida to be sued by third
parties in any matter arising out of any contract.
3.03 Independent Contractor. The parties to this agreement shall at all times be acting in the
capacity of independent contractors and not as an officer, employee or agent of one another. Neither party
or its respective agents, employees, subcontractors or assignees shall represent to others that it has the
authority to bind the other party unless specifically authorized in writing to do so. No right to SBBC
retirement, leave benefits or any other benefits of SBBC employees shall exist as a result of the
performance of any duties or responsibilities under this Agreement. SBBC shall not be responsible for
social security, withholding taxes, contributions to unemployment compensation funds or insurance for
the City or the City's officers, employees, agents, subcontractors or assignees. No right to City retirement,
leave benefits or any other benefits of City employees shall exist as a result of the performance of any
duties or responsibilities under this Agreement. City shall not be responsible for social security,
withholding taxes, contributions to unemployment compensation funds or insurance for SBBC or SBBC's
officers, employees, agents, subcontractors or assignees.
3.04 Equal Opportunity Provision. The parties agree that no person shall be subjected to
discrimination because of age, race, color, disability, gender identity, gender expression marital status,
national origin, religion, sex or sexual orientation in the performance of the parties' respective duties,
responsibilities and obligations under this Agreement.
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.
Reciprocal Use Agreement with the City of Tamarac Page 11 of 21
The City shall have no liability for any property left on City's property by any party to this Agreement
after the termination of this Agreement. Any party contracting with City under this Agreement agrees
that any of its property placed upon City's facilities pursuant to this Agreement shall be removed within
ten (10) business days following the termination, conclusion or cancellation of this Agreement and that
any such property remaining upon City's facilities after that time shall be deemed to be abandoned, title
to such property shall pass to the City, and City may use or dispose of such property as City deems fit and
appropriate.
3.06 Default. The parties agree that, in the event that either party is in default of its obligations
under this Agreement, the non -defaulting party shall provide to the defaulting party (30) days written
notice to cure the default. However, in the event said default cannot be cured within said thirty (30) day
period and the defaulting party is diligently attempting in good faith to cure same, the time period shall be
reasonably extended to allow the defaulting party additional cure time. Upon the occurrence of a default
that is not cured during the applicable cure period, this Agreement may be terminated by the non -
defaulting party upon thirty (30) days written notice. This remedy is not intended to be exclusive of any
other remedy, and each and every such remedy shall be cumulative and shall be in addition to every other
remedy now or hereafter existing at law or in equity or by statute or otherwise. No single or partial
exercise by any party of any right, power, or remedy hereunder shall preclude any other or future exercise
thereof. Nothing in this section shall be construed to preclude termination for convenience pursuant to
Section 3.05.
3.07 Annual Appropriation. The performance and obligations of SBBC and City under this
Agreement shall be contingent upon an annual budgetary appropriation by their respective governing
bodies. If funds are not allocated by either governing body for the payment of services or products to be
provided under this Agreement, this Agreement may be terminated at the end of the period for which
funds have been allocated. The non -allocating party shall notify the other party at the earliest possible
time before such termination. No penalty shall accrue to the non -allocating party in the event this
provision is exercised, and the non -allocating party shall not be obligated or liable for any future payments
due or any damages as a result of termination under this section.
3.08 Excess Funds. Any party receiving funds paid by SBBC under this Agreement agrees
to promptly notify SBBC of any funds erroneously received from SBBC upon the discovery of such
erroneous payment or overpayment. Any such excess funds shall be refunded to SBBC.
3.09 Public Records. The following provisions are required by Section 119.0701, Florida
Statutes, and may not be amended. City shall keep and maintain public records required by SBBC to
perform the services required under this Agreement. Upon request from SBBC's custodian of public
records, City shall provide SBBC with a copy of any requested public records or to allow the requested
public records to be inspected or copied within a reasonable time at a cost that does not exceed the cost
provided in Chapter 119, Florida Statutes, or as otherwise provided by law. City shall ensure that public
records that are exempt or confidential and exempt from public records disclosure requirements are not
disclosed except as authorized by law for the duration of the Agreement's term and following completion
of the Agreement if City does not transfer the public records to SBBC. Upon completion of the
Agreement, City shall transfer, at no cost, to SBBC all public records in possession of City or keep and
maintain public records required by SBBC to perform the services required under the Agreement. If City
Reciprocal Use Agreement with the City of Tamarac Page 12 of 21
transfer all public records to SBBC upon completion of the Agreement, City shall destroy any duplicate
public records that are exempt or confidential and exempt from public records disclosure requirements.
If City keeps and maintains public records upon completion of the Agreement, City shall meet all
applicable requirements for retaining public records. All records stored electronically must be provided
to SBBC, upon request from SBBC's custodian of public records, in a format that is compatible with
SBBC's information technology systems.
IF A PARTY TO THIS AGREEMENT HAS QUESTIONS REGARDING THE APPLICATION
OF CHAPTER 119, FLORIDA STATUTES, TO ITS DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THE AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS
AT 754-321-1900, REQUEL.BELL( )BROWARDSCHOOLS.COM, RISK MANAGEMENT
DEPARTMENT, PUBLIC RECORDS DIVISION, 600 SE THIRD AVENUE, FORT
LAUDERDALE, FL 33301.
3.10 Student Records: Student records shall be properly secured by SBBC and not accessible
to City during use of SBBC facilities. In the event of student records being inadvertently viewed or
accessible to City, City 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. City shall notify SBBC's Privacy Officer in Risk Management, Todd
Sussman at 754-321-1914 and todd.sussman@browardschools.com, if any student records are not
properly secured or discovered by City.
3.11 Compliance with Laws. Each party shall comply with all applicable federal, state and
local laws, SBBC policies, codes, rules and regulations in performing its duties, responsibilities and
obligations pursuant to this Agreement.
3.12 Place of Performance. All obligations of SBBC under the terms of this Agreement are
reasonably susceptible of being performed in Broward County, Florida and shall be payable and
performable in Broward County, Florida.
3.13 Governing Law and Venue. This Agreement shall be interpreted and construed in
accordance with and governed by the laws of the State of Florida. Any controversies or legal problems
arising out of this Agreement and any action involving the enforcement or interpretation of any rights
hereunder shall be submitted to the jurisdiction of the State courts of the Seventeenth Judicial Circuit of
Broward County, Florida.
3.14 Entirety of Agreement. This document incorporates and includes all prior negotiations,
correspondence, conversations, agreements and understandings applicable to the 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.
Reciprocal Use Agreement with the City of Tamarac Page 13 of 21
3.16 Assignment. Neither this Agreement nor any interest herein may be assigned, transferred
or encumbered by any party without the prior written consent of the other party. There shall be no partial
assignments of this Agreement including, without limitation, the partial assignment of any right to receive
payments from SBBC.
3.17 Incorporation by Reference. Exhibits "A", "B" 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 Agreement has been their
joint effort. The language agreed to herein express their mutual intent and the resulting document shall
not, solely as a matter of judicial construction, be construed more severely against one of the parties than
the other.
3.21 Amendments. No modification, amendment, or alteration in the terms or conditions
contained herein shall be effective unless contained in a written document prepared with the same or
similar formality as this Agreement and executed by each party hereto.
3.22 Waiver. The parties agree that each requirement, duty and obligation set forth herein is
substantial and important to the formation of this Agreement and, therefore, is a material term hereof.
Any party's failure to enforce any provision of this Agreement shall not be deemed a waiver of such
provision or modification of this Agreement unless the waiver is in writing and 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 Maieure. 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
Reciprocal Use Agreement with the City of Tamarac Page 14 of 21
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.
[THIS SPACE INTENTIONALLY LEFT BLANK]
Reciprocal Use Agreement with the City of Tamarac Page 15 of 21
(CORPORATE SEAL)
ATTEST:
r
FOR SBBC
THE SCHOOL BOARD OF BROWARD
COUNTY, FLORMA
By:
A by M. Fr edman, Chair
Date: /
Approved as to form and legal content:
Digkaly signed by Janette K Smkh, Bq.
Janette M. Smith, Esq. D oK anetteMSMN,E q. wTheSNYdBoard of &owartl ounty,
Fbr7da. orr-General CoYnYI'SOfR[e,
email=lanettesmkh@browardsd,oals.com, -US
Dafe: znn.Da.n ua aszwroo'
Office of the General Counsel
Reciprocal Use Agreement with the City of Tamarac Page 16 of 21
FOR CITY
ATTEST: THE CITY OF TAMARAC, FLORIDA, a municipal
corporation of the State of Florida
B
ity Clerk ����,0�� ,�i, M hael C. Cernech, City Manager
co
%date:
Ji
• CO j
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Endorsed as to Form & Le0jity for the M
Use and Reliance of the Cityfarac;? • ��,,
Florida,
��gay.
P S X uel S Go In-,;yy Attorney
Reciprocal Use Agreement with the City of Tamarac
Page 17 of 21
EXHIBIT "A"
CITY LICENSED FACILITIES"
"Other City owned facilities within the corporate limits of the City of Tamarac 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.
Caporella Aquatic Center
9300 NW 58th Street
Tamarac, FL 33321
Caporella Park
5200 Prospect Road
Tamarac, FL 33321
Mainlands Park
4500 Monterey Drive
Tamarac, FL 33319
Sunset Point Park
11000 W. McNab Road
Tamarac, FL 33321
Tamarac Commons
Southwest corner of McNab Road
and 88th Avenue
Tamarac, FL 33321
Tamarac Community Center
8601 W. Commercial Boulevard
Tamarac, Florida 33321
Tamarac Park/Recreation Center
7501 N. University Drive
Tamarac, Florida 33321
Tamarac Sports Complex
9901 NW 77th Street
Tamarac, Florida 33321
Tamarac Veterans' Park
7825 Southgate Blvd.
Tamarac, FL 33321
Tephford Park
10003 Southgate Blvd.
Tamarac, FL 33321
Reciprocal Use Agreement with the City of Tamarac Page 18 of 21
EXHIBIT "B"
SBBC LICENSED FACILITIES **
** Other SBBC owned facilities within the corporate limits of the City of Tamarac, 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.
Challenger Elementary
5703 NW 94th Avenue
Tamarac, FL 33321
Tamarac Elementary
7601 N. University Drive
Tamarac, FL 33321
Millennium 6 -12
5803 NW 94th Avenue
Tamarac, FL 33321
Reciprocal Use Agreement with the City of Tamarac Page 19 of 21
EXHIBIT "C"
NOTICE OF FACILITY USE FORM FOR RECIPROCAL USE AGREEMENT BETWEEN
THE SCHOOL BOARD OF BROWARD COUNTY, FLORIDA AND DESIGNATED
LOCAL GOVERNMENTAL AGENCY
Vame of Local Government
Date Filed
Location I
Type of Activity
Facility Date(s) Needed Time(s) Needed
Service/Item
Fee
Total Fee(s) Due
NOTE: Please list the Servicel tern on additional blank page(s)if you need space foradditional information
1-or Local Government: NarKs ana Recreation uirector or
Equivalent Position
Name
Title
Date
Signature:
f7 Approve F- Disapprove
Fs' Approve F� Disapprove
I RATIONALE FOR DISAPPROVAL I
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FOR SBBC USE ONLY
IF DISAPPROVED APPEAL TO
OFFICE OF CHIEF SERVICE QUALITY OFFICER
1400 NE 6th Street
Pompano Beach, FL 33060
Phone: (754) 321-3838; Fax: (754) 321-3885
State Reasons for Appeal
r Appeal Approved r Appeal Disapproved
Authorized Signature:
Title
State Rational for Disapproval
IF DISAPPROVED APPEAL TO
CITY/TOWN MANAGER
State Reasons for Appeal
Date:
r Appeal Approved r Appeal Disapproved
Authorized Signature:
Title Date:
State Rational for Disapproval
Form #0000
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