HomeMy WebLinkAboutCity of Tamarac Resolution R-2013-016Temp. Reso. # 12305 — 1 /11 /13
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CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R 2013
6
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA, AUTHORIZING THE
APPROPRIATE CITY OFFICIALS TO EXECUTE THE FIRST
AMENDMENT TO RECIPROCAL USE AGREEMENT
BETWEEN THE CITY OF TAMARAC AND 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
Temp. Reso. #12305 — 1/11/13
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WHEREAS, the City of Tamarac and the School Board of Broward County entered
into a five-year Agreement dated June 2, 2009, wherein the City of Tamarac and the
School Board of Broward County may share resources to support each other's goals and
objectives, said Agreement on file and available for review in the Office of the City Clerk;
and
WHEREAS, the City of Tamarac and the School Board of Broward County wish to
amend certain terms and conditions of the Reciprocal Use Agreement; and
WHEREAS, the Director of Parks and Recreation recommends execution of the
First Amendment to Reciprocal Use Agreement between the City of Tamarac and the
School Board of Broward County, Florida; and
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 the First
Amendment to 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 b'eing 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
First Amendment to 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.
Temp. Reso. #12305 - 1 /11 /13
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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.
SECTION 5: This resolution shall become effective immediately upon its passage
and adoption.
PASSED, ADOPTED AND APPROVED this
ATTEST:
PATRICIA TEUFa, CMC
INTERIM CITY CLERK
HEREBY CERTIFY THAT I HAVE
APPROVED THIS RESOLUTION
AS TO FORM
V.,
ojelvSAMUEL S. GOREN
e CITY ATTORNEY
day of
BETH
MAYOR
Es
RECORD OF COMMISSION VOTE:
2013.
MAYOR TALABISCO
DIST 1: COMM. BUSHN LL Z411a._�,
DIST 2: COMM. ATKINS-G D
DIST 3: COMM. GLASSER
DIST 4: V/M. DRESSLER t/94
q s
FIRST AMENDMENT
TO
RECIPROCAL USE AGREEMEl
BETWEEN THE SCHOOL BOARD OF BROWARD
AND
THE CITY OF TAMARAC
Temp. Reso. #12305
COUNTY, FLORIDA
Exhibit 1
THIS FIRST AMENDMENT ("F*5'-Zv-
end ent") to RECIPROCAL USE
AGREEMENT is made this?ET'F'day of 2012, by and between:
THE SCHOOL BOARD OF BROWARD COUNTY, FLORIDA
(hereinafter referred to as "SBBC")
600 Southeast Third Avenue, Fort Lauderdale, Florida 33301
t
mo
THE CITY OF TAMARAC, FLORIDA
(hereinafter referred to as "CITY")
a municipal corporation of the State of Florida
whose address is
7525 N.W. 88 Avenue, Tamarac, Florida 33321
WITNESSETH:
WHEREAS, CITY and SBBC have entered into a Reciprocal Use Agreement, dated
June 2, 2009, (the "Agreement") wherein CITY and SBBC may share resources to support each
other's goals and objectives; and
WHEREAS, CITY, as part of its recreation program; wishes to provide additional
playground recreation facilities for its citizens; and
WHEREAS, the Parties now wish to amend certain terms and conditions of the
Reciprocal Use Agreement:
NOW, THEREFORE, in consideration of the premises and the mutual covenants
contained herein, and for valuable consideration, the receipt and sufficiency of which is
acknowledged, the CITY and SBBC agree as follows:
1. RECITALS. The foregoing recitals are true and correct and are incorporated herein by
reference.
2. AUTHORIZED USE OF CITY FACILITIES BY SBBC. Paragraph 3.3.1 and 3.3.2
of the Reciprocal Use Agreement is hereby amended to read as follows:
3.3.1 The SBBC shall submit a Notice of Facility Use Form, attached hereto and
incorporated herein by reference as Exhibit "C" to the Director of Parks and
Recreation or his/her designee for use of City Licensed Facilities a minimum of
fifteen (15) calendar days in advance of Usage. The Notice of Facility Use Form
must specify the dates, times and facilities to be used by the SBBC and any other
special terms and conditions pertaining to such usage not in conflict with this
Agreement. The Notice of Facility Use Form may be revised by mutual
agreement of the Superintendent of Schools or his/her designee and the City
Manager or his/her designee without a formal amendment of this Agreement.
3.3.2 The Director of Parks and Recreation or his/her designee shall determine if the
requested use conflicts or interferes with any other usage of the City Licensed
Facility. If there is no conflict in use and human resources are available, the
request will be approved and returned to the SBBC. If there is a conflict and the
request is not approved, the SBBC may 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.
3. AUTHORIZED USE OF SBBC FACILITIES BY CITY.
Paragraph 4.2 and 4.3
of the Reciprocal Use Agreement is hereby amended to read as follows:
4.2 SBBC agrees to allow CITY use of SBBC facilities (hereinafter referred to as
"School Board Licensed Facilities"), but not limited to those described in Exhibit
"B", in the City of Tamarac on such days and at such times as are mutually
agreed upon by the Superintendent or his/her designee and the CITY Manager or
his/her designee. The SBBC agrees to waive any and all rental fees. The CITY
will reimburse SBBC for any costs that SBBC incurs only as a result of the use of
School Board Licensed Facilities by the CITY. These reimbursable costs include
custodial costs to address the operational impact of the event, energy assessment
costs, and personnel costs for providing access to the facility during non-
operational hours. No personnel costs will be assessed for providing access to the
facility during non -operational hours when an authorized SBBC employee
volunteers to provide such access. SBBC employee volunteers shall not remain at
School Board Licensed Facilities after providing access to the facility 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 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
2
information regarding 24-hour emergency notification and access protocol at the
time of the authorization of unsupervised access to School Board Licensed
Facilities to ensure the appropriate emergency procedures and agreed upon special
terms and conditions are followed. The Superintendent or his/her designee will
individually review each Notice of Facility Use to address any concerns not
covered under this Reciprocal Use Agreement or School Board Policy 1341.
4.3 The following procedure shall be followed whenever the CITY desires to use any
School Board Licensed Facilities:
(a) CITY shall submit a Notice of Facility Use Form, attached hereto and
incorporated herein by reference as Exhibit "C" to the Superintendent or
his/her designee for use of SBBC Licensed Facilities a minimum of fifteen
(15) calendar days in advance of Usage. The Notice of Facility Use Form
must specify the dates, times and facilities to be used by the CITY or its
residents and any other special terms and conditions pertaining to such usage
not in conflict with this Agreement. The Notice of Facility Use Form may be
revised by mutual agreement of the Superintendent of Schools or his/her
designee and the City manager or his/her designee without a formal
amendment of this Agreement.
(b) The Superintendent or his/her designee shall determine if the requested use
conflicts or interferes with the regular or extracurricular school program, or
with any prescheduled use of School Board Licensed Facilities by other
parties. If there is no conflict in use and human resources are available, the
request will be approved and returned to the City. If there is a conflict and the
request is not approved, the City may appeal the denial to the SBBC's Chief
Service Quality Officer or his/her designee. The Chief Service Quality
Officer or his/her 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 his/her designee upon such appeal shall be final
4. ACCESSIBILITY TO SBBC FACILTIES. Paragraph 5.3 of the Reciprocal Use
Agreement is hereby amended to read as follows:
5.3 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
t
i
present during the event to provide appropriate supervision of all activities and
that such agent remains on -site until relieved by an authorized SBBC employee
volunteer. All costs will be reimbursed by the CITY in accordance with those
rates established in the Fee Schedule of School Board Policy 1341, Use of
Broward County School Facilities for Non -School Purposes. However, each
energy bill charged to the CITY as a result of its use of a School Board Licensed
Facility during non -operational hours shall be reduced by twenty percent (20%).
Therefore, the CITY shall only pay eighty percent (80%) of the total assessed
energy bill. SBBC will ensure the CITY is provided with information regarding
24-hour emergency notification and access protocol at the time of the
authorization of unsupervised access to School Board Licensed Facilities to
ensure the appropriate emergency procedures and agreed upon special terms and
conditions are followed. The Superintendent or his/her designee will individually
review each Notice of Facility Use to address any concerns not covered under this
Reciprocal Use Agreement or School Board Policy 1341.
S. AMENDMENT PREVAILS. In the event of any conflict between the terms of the
Reciprocal Use Agreement and the terms of this First Amendment, the terms of this First
Amendment shall prevail and control.
6. OTHER PROVISIONS REIN IN FORCE. Except as expressly provided herein,
all other portions of the agreement remain in full force and effect.
7. AUTHORITY. Each person signing this First Amendment on behalf of either party
individually warrants that he or she has full legal power to execute this First Amendment
on behalf of the party for whom he or she is signing, and to bind and obligate such art
g party
with respect to all provisions contained in this First Amendment.
IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to
Reciprocal Use Agreement on the day and year first written above.
"FOR SBBC"
(CORPORATESEAL)
ATTEST:
tcooert w . Kuncie, Nuperintendent ot- Schools
THE
COL
By:
M
SCHOOL BOARD OF BROWARD
Laurie
M r _.! M; �
Office of the Gener
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ATTEST:
"FOR CITY"
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APPROVED AS TO FORM & LO U AITY
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CITY OF TAMARAC, FLORIDA, a
municipaj. corporation of the State of Florida
Beth Talabisco, Mayor
APPROVED BY:
City Manager or His/Her Designee
Director of Parks and Recreation
r
EXHIBIT B
SCHOOL BOARD LICENSED FACILITIES
* * Not limited to Any Broward County School listed below, within the corporate limits of the
City of Tamarac shall be included in the reciprocal agreement.
Challenger Elementary School
5703 N.W. 94 Avenue
Tamarac, FL. 33321
(954) 720-4160
Tamarac Elementary School
7601 N. University Drive
Tamarac, FL. 33321
(954) 726-7520
Millennium Middle School
5803 N.W. 94 Avenue
Tamarac, FL. 33321
(954) 718-2800
0
EXHIBIT "C"
NOTICE OF FACILITY USE FORM FOR RECIPROCAL USE AGREEMENT
BETWEEN
THE SCHOOL BOARD OF BROWARD COUNTY, FLORIDA AND DESIGNATED
LOCAL GOVERNMENTAL AGENCY
Name of Local Government
Date Filed
Location
Type of Activity
Faci city
Date(s) Needed
Time(s) Needed
CHARGES (IF APPLICABLE)
Service/Item
Fee
Total Fee(s) Due
NOTE. Please list the Servicelitem on additional blank page(s) if you need space for additional information
CONTACTS/AUTHORIZED SIGNATURE
For School: Principal
For Local Government: Parks
and Recreation Director or
Equivalent
Position
Name
Name
Title
Title
Date
Date
Signature:
Signature:
F
Approve F Disapprove
F Approve
F Disapprove
RATIONALE FOR DISAPPROVAL
Form #0000
New 10/12
Page 1 of 2
W
State Reasons for Appeal
t 0 a FOR SBBC USE ONLY
IF DISAPPROVED APPEAL TO
OFFICE OF CHIEF SERVICE QUALITY OFFICER
1643 North Harrison Parkway, Building H
Sunrise, FL 33323
Phone: (754) 321-3636; Fax: (754) 321-3691
F Appeal Approved F Appeal Disapproved
Authorized Signature:
Title
State Rational for Disapproval
State Reasons for Appeal
Title
Date:
FOR MUNICIPAL USE ONLY
IF DISAPPROVED APPEAL TO
CITY/TOWN MANAGER
F Appeal Approved F Appeal Disapproved
Authorized Signature:
State Rational for Disapproval
Date:
Form #0000 Page 2 of 2
New 10112