HomeMy WebLinkAboutCity of Tamarac Resolution R-2014-053Temp. Reso. #12496 — May 5, 2014
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CITY OF TAMARAC, FLORIDA
RESOLUTION N0. R-2014-6"03
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA, AUTHORIZING THE
APPROPRIATE CITY OFFICIALS TO EXECUTE A
RECIPROCAL USE AGREEMENT BETWEEN THE CITY OF
TAMARAC ANDy THE SCHOOL BOARD OF BROWARD
COUNTY, FLORIDA, TO PROVIDE RECIPROCAL USE OF
CITY AND SCHOOL BOARD FACILITIES; 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. #12496 — May 5, 2014
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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 appropriate City Officials are hereby authorized to execute the
Reciprocal Use Agreement between the City of Tamarac and the School Board of Broward
County, Florida, a copy. hereto attached as "Exhibit 1", to provide reciprocal use of City and
School Board facilities.
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repealed to the extent of such conflict.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. #12496 — May 5, 2014
Page 3
SECTION 5: This resolution shall become effective immediately upon its passage and
adoption.
}
PASSED ADOPTED AND APPROVED this
Aday of 2014.
R _
IZA
HARRY DRESSLER
�rii r r r� MAYOR
TAMA#
ATTEST. �..� .,. • •.;9� %�
.000
_ TAB • ® _
PATRICIA TE FE 6MC ;. '•., .•'• `'�
,'�L- RECORD OF COMMISSION VOTE.
CITY CLER '9
11?f6OOUN `\�
MAYOR DRESSLER
I HEREBY CERTIFY that I have
approved this RESOLUTION as to
form.
c
UEL S. GOREN
CITY ATTORNEY
DIST 1: COMM. BUSH N ELL
DIST 2: VICE MAYOR GOMEZ
DIST 3: COMM. GLASSER
DIST 4: COMM. PLACKO
RECIPROCAL USE AGREEMENT
THIS AGREEMENT, made and entered into this � 7k day of
2014, 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
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
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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 three (3) years commencing on
the date of execution by all parties.
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 Tamarac, Florida, which are suitable for use
by the SBBC for its educational and training programs. City agrees to allow the SBBC use of
City facilities (hereinafter referred to as "City Licensed Facilities") including, but not limited to
those described in Exhibit "A", on such days and at such times as are mutually agreed upon by
the 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 the SBBC's use of City facilities. However, the parties
agree there will be no charges for normal and customary operational costs associated with the
facility use during the normal hours of operations, unless additional costs will be incurred as a
result of the SBBC's use.
2.02.2 Procedure to Request Use of City Licensed Facilities. The following
procedure shall be followed whenever the SBBC desires to use any City Licensed Facilities:
2.02.2.1 The 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 the SBBC and any other special terms and conditions pertaining
to such usage not in conflict with this Agreement. The Notice of Facility Use Form may be
revised by mutual agreement of the Superintendent of Schools or 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 the SBBC. If there is a conflict and the request is not approved, the 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.
2.02.23 Said City Licensed Facilities are to be used by the SBBC solely
for educational and training purposes which are an integral part of the Public Education Program
of Broward County and for no other purpose whatsoever without the prior written consent of the
City.
2.02.2.4 The use of said City Licensed Facilities by the SBBC shall, at
all times, be in compliance with the laws of the State of Florida, local laws and City's Code of
Ordinances. The 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 the SBBC's use and occupancy of City Licensed
Facilities or equipment, SBBC becomes aware of any dangerous condition in or upon City
Licensed Facilities or equipment, SBBC shall, immediately, notify the City 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 the SBBC does not notify the City of such dangerous conditions, and City is not otherwise
aware nor should it have been aware of same, City shall not be liable to SBBC, its employees,
agents or invitees for loss, personal injury or damage. This paragraph shall not create any rights
for any third party to sue the City or SBBC, and there shall be no third party beneficiary.
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
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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 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 facilities (hereinafter referred to as "School Board Licensed
Facilities") throughout the county, including elementary, middle, high and technical schools sites
and training facilities located in the City 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, homeowners association and community meetings at these sites. SBBC agrees to
allow City use of SBBC facilities (hereinafter referred to as "SBBC Licensed 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.
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2.03.2 Procedure to Request Use of SBBC Licensed Facilities. The following
procedure shall be followed whenever the Citydesires to use an SBBC Licensed Facilities:
y
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 the 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
the SBBC's Chief Service Quality Officer or designee. The Chief Service Quality Officer or
designee will determine whether to uphold the denial within fifteen (15) calendar days of filing
of the appeal, and the decision of the Chief Service Quality Officer 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, the SBBC shall immediately correct the dangerous condition or prevent the use of the
facilities or equipment by other persons so as not to endanger the life or safety of persons at the
facility. If in the course of City's use and occupancy of 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 the 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. The SBBC shall have final determination as to what is deemed "unsafe". If the City
does not notify the SBBC of such dangerous conditions, and SBBC is not otherwise aware nor
should have been aware of same, SBBC shall not be liable to City, its employees, agents or
invitees for loss, personal injury or damage. This paragraph shall not create any rights for any
third party to sue the City or SBBC, and there shall be no third party beneficiary.
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2.03.4 SBBC Access to SBBC Licensed Facilities. SBBC and its officers,
agents and employees engaged in the operation, maintenance or repair of the SBBC Licensed
Facilities reserve the right, at any time, to enter upon and have free access to any and all parts of
the 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 the 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 Cily 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
the 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 the 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
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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
educational facilities available for use by the residents of the City
additional athletic facilities may be covered by a separate agreement.
school athletic fields and
of Tamarac. The use of
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 the SBBC's Chief
Service Quality Officer or designee. The Chief Service Quality Officer or designee will
determine whether to uphold the denial within fifteen (15) calendar days of filing of the appeal,
and the decision of the Chief Service Quality Officer 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.
The SBBC agrees to waive any and all rental fees. The City will reimburse SBBC for
any costs that SBBC incurs only as a result of the use of School Board Licensed Facilities by the
City. These reimbursable costs include custodial costs to address the operational impact of the
event, energy assessment -costs, and personnel costs for providing access to the facility during
non -operational hours. No personnel costs will be assessed for providing access to the facility
during non -operational hours when an authorized SBBC employee volunteers to provide such
access. SBBC employee volunteers shall not remain at School Board Licensed Facilities after
providing access to the facility during non -operational hours. In such cases when the City is
permitted unsupervised use of School Board Licensed Facilities, the City will ensure that an
agent of the City is present during the event to provide appropriate supervision of all activities
and 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
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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 School
Board 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 or SBBC Policy 1341.
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
School Board Licensed Facilities shall be mutually agreed upon by the parties prior to the
scheduled events. Such agreement shall be reduced to writing in the respective Facility Use or
Lease Agreement and executed by the parties.
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
$100,0001$100,0001$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.
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2.08.3 Fire Legal Liability damage to Rented Premises with limits of $500,000
per occurrence/aggregate. 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.
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. Both
parties reserve the right to require other insurance coverage that both parties deem mutually
necessary depending upon the risk of loss and exposure to liability, subject to each party's
Commission or Board approval, if necessary.
2.08.5 Violations of the terms of this section and its subparts shall constitute a
material breach of the Agreement and the non -breaching party may, at its sole discretion, cancel
the Agreement and all rights, title and interest shall thereupon cease and terminate.
2.08.6 Required conditions; self-insurance and/or liability policies must contain
the following provisions.
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
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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
Fort Lauderdale, Florida 33301
To City: City Manager
City of Tamarac
7525 NW 88th Avenue
Tamarac, Florida 33321
With a Copy to: City Attorney
City of Tamarac
7525 NW 88t' Avenue
Tamarac, Florida 33321
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.
SBBC and the CITY shall each be separately liable and responsible for the actions of their
respective officers, agents and employees in the performance of their respective obligations
under the Agreement.
To the extent permitted by law, SBBC shall indemnify, defend, and hold the CITY, its officials,
agents, servants and employees, harmless from any and all liability, actions, causes of action,
suits, trespasses, damages, judgments, executions, claims and demands of any kind whatsoever,
in law or in equity, which results from or arises out of the intentional or negligent acts or
omissions of SBBC, its employees, agents, or servants and the SBBC shall indemnify the CITY,
its officials, agents, servants and employees, for damages, judgments, claims, costs, expenses,
including reasonable attorney's fees, which the CITY, its officials, agents, servants and
employees, might suffer in connection with or as a result of the intentional or negligent acts of
the SBBC, its employees, agents, or servants. For purposes of this provision, the SBBC's
employees shall not be deemed agents or servants of the CITY and the CITY's employees shall
not be deemed agents or servants of the SBBC. The SBBC will at all times be entitled to the
benefits of sovereign immunity as provided in Florida Statutes, Section 768.28, and common
law. Nothing contained in the Agreement shall be construed as a waiver of sovereign immunity.
To the extent permitted by law, the CITY shall indemnify, defend, and hold SBBC, its officials,
agents, servants and employees, harmless from any and all liability, actions, causes of action,
suits, trespasses, damages, judgments, executions, claims and demands of any kind whatsoever,
in law or in equity, which results from or arises out of the intentional or negligent acts or
omissions of the CITY, its employees, agents, servants and the CITY shall indemnify SBBC, its
officials, agents, servants and employees, for damages, judgments, claims, costs, expenses,
including reasonable attorney's fees, which the SBBC, its officials, agents, servants and
employees, might suffer in connection with or as a result of the intentional or negligent acts of
the CITY, its employees, agents, or servants. For purposes of this provision, the SBBC's
employees shall not be deemed agents or servants of the CITY and the CITY's employees shall
not be deemed agents or servants of the SBBC. The CITY will at all times be entitled to the
benefits of sovereign immunity as provided in Florida Statutes, Section 768.28, and common
law. Nothing contained in the Agreement shall be construed as a waiver of sovereign immunity.
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
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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 the
SBBC or the 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 either
party during the term hereof upon sixty (60) days written notice to the other parties of its desire
to terminate this Agreement.
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 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 under this
Agreement shall be contingent upon an annual budgetary appropriation by its governing body. If
SBBC does not allocate funds for the payment of services or products to be provided under this
Agreement, this Agreement may be terminated by SBBC at the end of the period for which funds
have been allocated. SBBC shall notify the other party at the earliest possible time before such
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termination. No penalty shall accrue to SBBC in the event this provision is exercised, and SBBC
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 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 Section 1002.22, Florida Statutes, or any other state or federal law or regulation
regarding the confidentiality of student information and records. Each such party agrees, for
itself, its officers, employees, agents, representatives, contractors or subcontractors, to fully
indemnify and hold harmless SBBC and its officers and employees for any violation of this
section, including, without limitation, defending SBBC and its officers and employees against
any complaint, administrative or judicial proceeding, payment of any penalty imposed upon
SBBC, or payment of any and all costs, damages, judgments or losses incurred by or imposed
upon SBBC arising out of a breach of this covenant by the party, or an officer, employee, agent,
representative, contractor, or sub -contractor of the party to the extent that the party or an officer,
employee, agent, representative, contractor, or sub -contractor of the party shall either
intentionally or negligently violate the provisions of this section or of Section 1002.22, 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.
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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.
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 Severabilit_y. 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
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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 expresses 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 Maj eure"). In no event shall a lack of funds on the part of either party
be deemed Force Maj eure. 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 regarding
indemnification obligations, obligations to reimburse SBBC, 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 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.
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IN WITNESS WHEREOF, the parties hereto have each executed this Agreement for reciprocal
use of facilities on the dates indicated below.
(CORPORATESEAL)
ATTEST:
01
Robert W. Runcie, Supenn
FOR SBBC
t of Schools
THE SCHOOL BOARD
COUNTY
By:
Date:
16 of 19
ATTEST:
CITY C
FOR CITY
``� i i i i ► ► �� CITY OF
cipal co
A,goo
•:��
T 3 :l�or
e � %°o
Approved as to form and legality I I I I I I I e `\
r-A
TAMARAC, FLORIDA, a
noratlon of the State of Florida
17 of 19
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.
Tamarac Sports Complex
9901 NW 77" Street
Tamarac, Florida 33321
Tamarac Park /Tamarac Recreation & Multi -Purpose Centers
7501 N. University Drive
Tamarac, Florida 33321
Tamarac Community Center
8601 W. Commercial Boulevard
Tamarac, Florida 33321
Caporella Aquatic Center
9300 NW 5 8t' Street
Tamarac, Florida 33321
Recreation Center
7501 N. University Drive
Tamarac, Florida 33321
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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 School
5703 NW 94t' Avenue
Tamarac, FL 33321
(954) 720-4160
Tamarac Elementary School
7601 N. University Drive
Tamarac, FL 33321
(954) 726-7520
Millennium Middle School
5803 NW 94`" Avenue
Tamarac, FL 33321
(954) 718-2800
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EXHIBIT "C't
NOTICE OF FACILITY USE FORM FOR RECIPROCAL USE AGREEMENT BETWEEN
THE SCHOOL BOARD OF BROWARD COUNTY, FLORIDA AND DESIGNATED
LOCAL GOVERNMENTAL AGENCY
Name of Local Government
Date Filed
Location
Type of Activity
Facility
D ate(s) Needed
CHARGES (IF APPLICABLE)
Service/item
Fee
Time(s) Needed
Total Fee(s) Due
NOTE Please list the Sersice/ltem on additional blank pages) if you need space nor additional information
CONTACTSIAUTHORIZED SIGNATURE
For School: Principal For Local Government: Parks and Recreation Director or
Equivalent Position
Name------------------...---�-----------�------- __... ..---- Name
Title - - - - - - -Title
Date
..____...__ _ ..-- ---------- -- ---- - ----�-�----- -- -.-�-- -___ . -- --------- Date
Signature: Signature:
Approve -Disapprove Approve Disapprove
RATIONALE FOR DISAPPROVAL
FF
Form #0000 Poop 7 of 7
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 Reasonsfor Appeal
Title
Appeal Approved 17 Appeal Disapproved
Authorized Signature:
Date:
State Rational for Disapproval
FOR MUNICIPAL USE ONLY
IF DISAPPROVED APPEAL TO
CITY/TOWN MANAGER
State Reasons for Appeal
Title
C Appeal Approved C Appeal Disapproved
Authorized Signature:
Date:
State Rational for Disapproval
Form #0000
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