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HomeMy WebLinkAboutCity of Tamarac Resolution R-2009-040Temp. Reso. #11578 — February 23, 2009 Page 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2009-� 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 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 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. #11578 — February 23, 2009 Page 2 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 A", 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 SECTION 3: All Resolutions or parts of Resolutions in conflict herewith are hereby repealed to the extent of such conflict.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. 1 1 Temp. Reso. #11578 — February 23, 2009 Page 3 SECTION 5: This resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this d,6- day of gv"'Jpt"" , 2009. ATTEST: r(�MARION SWENSON, C CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. . GOREN ATTORNEY BETH FLANSBAUM- ALABISCO MAYOR RECORD OF COMMISSION VOTE: MAYOR FLANSBADM-TALABISCO DIST 1: COMM BUSHNELL DIST 2: VM ATKINS-GRAD DIST 3: COMM. GLASSER DIST 4; COMM. DRESSLER RECIPROCAL USE AGREEMENT BETWEEN THE CITY OF TAMARAC AND THE SCHOOL BOARD OF BROWARD COUNTY, FLORIDA THIS AGREEMENT, made and entered into this c-CKd day of 2009, by and between: 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 and THE SCHOOL BOARD OF BROWARD COUNTY, FLORIDA (hereinafter referred to as "SBBC") 600 Southeast Third Avenue, Fort Lauderdale, Florida 33301 W ITNES SETH: 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 public 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 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: 1. RECITALS The parties agree the foregoing recitals are true and correct and that such recitals are incorporated herein by reference. MEMEMN;u 2.1 The term of this Agreement shall be for a period of five years from the date of execution unless terminated earlier pursuant to Article 10 of this Agreement. 3. AUTHORIZED USE OF CITY FACILITIES BY SBBC 3.1 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. 3.2 CITY agrees to allow the SBBC use of all CITY facilities (hereinafter referred to as "City Licensed Facilities"), but not limited to those described in Exhibit A, (excluding those facilities in which CITY has an existing license or lease agreement with SBBC), on such days and at such times as are mutually agreed upon by the Director of Parks and Recreation or his/her designee and the Superintendent or his/her designee. The CITY agrees to waive any and all rental fees associated with the SBBC's use of CITY facilities 3.3 The following procedure shall be followed whenever the SBBC desires to use any City Licensed Facilities: 3.3.1 The SBBC shall submit a Notice of Facility Use (via a memo to the Director of Parks and Recreation or his/her designee) for use of City Licensed Facilities a minimum of ten (10) days in advance of usage. The Notice of Facility Use must specify the dates, times, facilities, to be used by the SBBC and any other special terms and conditions pertaining to such usage not in conflict to the Parks and Recreation Director or his/her designee for review and approval or denial. 2 3.3.2 The CITY Manager or his/her designee shall determine if the requested use conflicts or interferes with any other usage of the CITY Licensed Facility. 3.4 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. 3.5 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 Code of Ordinances. The SBBC shall require its instructors, agents, students, and invitees to follow all rules and regulations promulgated by CITY. 3.6 The CITY shall have the continuing duty to maintain City Licensed Facilities 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 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'S City Manager or his/her 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 CITY is not notified by the SBBC of such dangerous conditions, CITY shall not be liable to SBBC, its employees, agents or invitees for loss, personal injury or damage. 3.7 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 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 his/her designee of the affected. City Licensed Facilities, if it is so 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. 3 3.8 CITY assumes no responsibility whatsoever for any property placed on its premises by SBBC, its agents, employees, representatives, independent contractors or invitees. 3.9 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 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 here from if found thereon. 3.10 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. 3.11 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. 3.12 CITY shall provide and maintain the parking lot, parking lot lighting, and ingress and egress, at all City Licensed Facilities. 4. AUTHORIZED USE OF SBBC FACILITIES BY CITY: 4.1 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 and the CITY may desire to place its programs, special functions, training programs, homeowners association and community meetings, at these sites. 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 (excluding any Custodial Operational costs. In addition, Energy Assessments costs, when applicable) associated with the CITY's use of School Board Licensed Facilities in accordance with Policy 1341, Use of Broward County School Facilities for Non - School Purposes. 4.3 The following procedure shall be followed whenever the CITY desire's to use any School Board Licensed Facilities: (a) CITY shall submit Notice of Facility Use (via a memo to the Superintendent or his/her designee) to SBBC for use of School Board Licensed Facilities for use of the facilities a minimum often (10) days in advance of usage. The Notice of Facility Use 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 CITY will submit the permitting agreement to the Superintendent or his/her designee for review and approval or denial. (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 other prescheduled use of the School Board Licensed Facilities by other parties. 4.4 The use of School Board Licensed Facilities by the CITY shall, at all times be in compliance with the applicable laws of the State of Florida and SBBC policies. 4.5 SBBC shall have the continuing duty to maintain School Board Licensed Facilities and equipment in a safe condition and to ensure that any unsafe condition or defect in or upon School Board 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 premises 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 School Board Licensed Facilities or equipment, CITY becomes aware of any dangerous condition in or upon SBBC licensed. premises or equipment, CITY shall, as soon as reasonably possible, notify the principal of the School Board 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 SBBC is not notified by the CITY of such dangerous conditions, SBBC shall not be liable to CITY, its employees, agents or invitees for loss, personal injury or damage. 5 4.6 SBBC and its officers, agents and employees engaged in the operation, maintenance or repair of the School Board Licensed Facilities reserve the right, at any time, to enter upon and have free access to any and all parts of School Board Licensed Facilities. SBBC shall have the right to supervise all operations of CITY at School Board Licensed Facilities in order to ensure that the facilities are not subjected to risk of equipment by CITY within the reasonable judgment of the Superintendent or his/her designee of School Board Licensed Facilities, if it is so 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 School Board 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. 4.7 SBBC assumes no responsibility whatsoever for any property placed on the premises by CITY, its agents, employees, representatives, independent contractors or invitees. 4.8 SBBC shall provide and maintain the parking lot, parking lot lighting, and ingress and egress, at all School Board Licensed Facilities. 4.9 CITY shall not construct any improvements upon any of School Board Licensed Facilities during the term of this Agreement without the prior written consent of SBBC. Any improvement constructed upon School Board 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. 4.10 Upon vacation of School Board Licensed Facilities after each use and occupancy CITY shall leave School Board 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. 4.11 CITY agrees not to bring onto School Board Licensed Facilities, any material, substances, equipment, or objects that are likely to endanger the life or to cause bodily injury to any person or the School Board 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 School Board Licensed Facilities and the right to require their immediate removal from the property. 3 4.12 The principal shall require the use of regular food service workers when fixed kitchen equipment is used for the preparation of food for banquets, etc., and require the organization to pay the cost of the food service worker(s) involved according to the adopted School Food Services salary schedule, including retirement and other fringe benefits. The food service worker shall assist in the preparation serving and clean up, except this section does not apply to School Allied Groups. 4.13 Background Screening. To the extent permitted by law, CITY agrees to comply with all requirements of Sections 1012.32 and 1012.465, Florida Statutes, and that all of City's personnel who (1) are to be permitted access to district school grounds when students are present, (2) will have direct contact with district school 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 will 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's 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. 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 Sections 1012.32 and 1012.465, Florida Statutes. 5. ACCESSIBILITY TO SBBC FACILTIES 5.1 The CITY and SBBC agree to continue work cooperatively to identify additional school athletic fields and educational facilities available for use by the residents of the City of Tamarac. Use of additional athletic facilities may be covered by a separate agreement. 5.2 The use or enjoyment of additional school facilities by the CITY shall be coordinated and approved by the Superintendent of Schools or his/her designee (e.g. school principal). 5.3 The SBBC agrees to waive any and all rental fees (excluding any Custodial Operational costs and Energy Assessments costs, when applicable) associated with the CITY's use of School Board Licensed Facilities in accordance with Policy 1341, Use of Broward County School Facilities for Non -School Purposes. 7 5.4 .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. However, the parties agree that there will be no additional costs charged for normal and customary operations that are associated with regular facility operations. G. DISCRIMINATION: Neither party shall discriminate against any employee or participant in this agreement regardless of age, religion, race, color, creed, sex, disability, marital status, national origin, political affiliation, family status or sexual orientation. 7. INSURANCE: 7.1 Upon execution of this agreement, each party shall submit to the other, copies of its certificate(s) of insurance or self-insurance evidencing the required coverage. In the event any insurance certificate provided indicates that the insurance shall terminate and lapse during the period of this Agreement, then in that event, at least thirty (30) calendar days prior to expiration of the date of such insurance, a renewed certificate of insurance as proof that equal and like coverage for the balance of that period of the contract and extension thereunder is in effect. 7.2 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 the equivalent reserves in its self-insurance program the following coverages and minimum limits of liability: (a) Worker's Compensation Insurance for statutory obligations imposed by Worker's Compensation; (b) Commercial Automobile Liability Insurance for all owned, non -owed and hired automobiles and other vehicles used by the parties in the performance of their respective obligations of this Agreement with the following minimum limits of liability with no restrictive endorsements: $1,000,000 Combined Single Limit, per occurrence, Bodily Injury and Property Damage; (c) Comprehensive General Liability (occurrence form) with the following minimum limits of liability with no restrictive endorsements: $1,000,000 Combined Single Limit, per occurrence, Bodily Injury and Property Damage. Coverage shall specifically include the following with minimum limits not less than those required for Bodily Injury Liability and Property Damage Liability 1. Premises and Operations; 2. Independent Contractors; 3. Product and Complete Operations Liability; 4. Contractual Coverage applicable to the Agreement and specifically insuring the indemnification and hold harmless agreement contained in Paragraph 8 of the Agreement. 7.3 These insurance requirements shall not relieve or limit the liability of either party. Both parties reserve the right to require other insurance coverage that it deems necessary depending upon the risk of loss and exposure to liability. 7.4 Violations of the terms of this Paragraph and its subparts shall constitute a 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. 7.5 No activities under this Agreement shall be commenced until the required certificates of insurance have been received and approved by the Risk Managers of each party. 8. INDEMNIFICATION: To the extent permitted by law, CITY and SBBC each agree to indemnify, defend and hold the other, including their officers, agents and employees, harmless from and against any and all claims, damages, losses, liabilities, causes of action of any kind of nature whatsoever arising out of or because of the use and occupancy of any facilities licensed hereunder, providing that if such claim, damage, loss, liability or cause of action is due to the joint or concurrent negligence of the indemnitor and the indemnitee, their respective responsibilities hereunder shall be in the same proportion that the negligent acts or omissions of each contributes thereto. This indemnification shall not be limited to the amount of comprehensive general liability insurance that each party is required to provide under this Agreement. Each party reserves the right to select its own counsel in any such proceeding and all costs and fees associated therewith shall be the responsibility of the indemnitor under this indemnification agreement. Compliance with the foregoing shall not relieve the indemnitor of any liability or other obligation under this Agreement. Nothing contained herein is intended nor shall be construed to waive either party's rights and immunities under the common law or Section 768.28, Florida Statutes. E 9. 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 whether directly or through any of its agents or employees. 10. TERMINATION: Each party to this agreement shall have the unrestricted right to terminate this Agreement, without cause, by furnishing one hundred twenty (120) calendar days advance written notice to the other party. 11. FORCE MAJEURE: In the event any of the licensed facilities or any part of thereof, shall be destroyed 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, war, sabotage, accident flood, acts of God, strikes, or other disputes, riot or civil commotion or by reason of any other matter or condition beyond the control of either party, and which cannot be overcome by reasonable diligence and without unusual expense ("Force Majeure"). In no event shall a lack of funds on the part of either party be deemed Force Majeure. 12. ASSIGNMENT: Neither this Agreement, nor any interest herein, may be assigned, transferred, by any party without the prior 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. 13. NOTICE: Notices required by this Agreement shall be deemed delivered upon mailing by certified mail, return receipt requested, to the following persons and addresses: AS TO CITY: City Manager City of Tamarac 7525 N.W. 88th Avenue Tamarac, Florida 33321 10 WITH A COPY TO: City Attorney City of Tamarac 7525 N.W. 881h Avenue Tamarac, Florida 33321 AS TO SBBC: Superintendent of Schools School Board of Broward County, Florida 600 Southeast 3rd Avenue Fort Lauderdale, Florida 33301 WITH A COPY TO: Executive Director, Facility Management, Planning and Site Acquisition School Board of Broward County, Florida 600 Southeast 3rd Avenue Fort Lauderdale, Florida 33301 Director, Community Involvement School Board of Broward County, Florida 600 Southeast 3rd Avenue Fort Lauderdale, Florida 33301 14. GOVERNING LAW AND VENUE: This Agreement shall be governed by the laws of the State of Florida.. Any and all legal action necessary to enforce this agreement will be held in Broward County, Florida. 15. SEVERABILITY: If any part of this Agreement is found to be in conflict with applicable laws, such part shall be null and void insofar as it is found in conflict with the laws of the State of Florida, but the remainder of the Agreement shall be and remain in full force and effect. 16. MODIFICATION AND WAIVER: This Agreement together with Exhibits A and B, hereto, contains the entire understanding of the parties relating to the subject matter hereof superseding all prior communications between the parties whether oral or written, and this Agreement may not be altered, amended, modified or otherwise changed nor may any of the terms hereof be waived, except by a written instrument executed by both parties. The failure of a party to seek redress for violation of or to insist on strict performance of, any of the covenants of this Agreement shall not be construed as a waiver or relinquishment for the future of any covenant, term, condition or election but the same shall continue and remain in full force and effect. 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. 17. 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 premises or SBBC'S premises is conferred to the using party under the provisions hereof. 1.8. AUTHORITY: Each person executing this Agreement on behalf of either party, individually warrants that he/she has full legal authority to execute this Agreement on behalf of the party for whom he/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 executed this Partnership Agreement for reciprocal use of facilities the day and year first written above. "FOR CITY" ATTEST: CITY OF TAMARAC, FLORIDA, a municipal corporation of the State of Florida �MOPIPWW-iin P—mm"Off4 Wmi - if APPROVED AS TO FORM & LEGALITY City Attorney �'o7we'o� APPROVED BY: (jq. Cily M ger or His Designee, Director of Parks and Recreation 12 "FOR SBBC" (CORPORATE SEAL) THE SCHOOL BOARD OF BROWARD COUNTY, FLORIDA ATTEST: a es �FN�otter Superintendent of Schools By: Maureen S. Dinnen, Chair APPROVED AS TO FORM AND LEGAL Cj&?rENT: 11 13 Exhibit A City Licensed Facilities ** Not limited to City -Owned. Facility listed below, within the corporate limits of the (CITY) shall be included in the reciprocal agreement. Tamarac Sports Complex 9901 N.W. 77 Street Tamarac, FL. 33321 (954)724-2445 Tamarac Park (incl. the Tamarac Recreation & Multi- Purpose centers) 7501 N. University Drive Tamarac, FL. 33321 (954) 724-2446 Tamarac Community Center 8601 W. Commercial Boulevard Tamarac, FL. 33321 (954) 724-2445 Caporella Aquatic Center 9300 NW 58" Street Tamarac, FL 33321 Recreation Center 7501 N. University Dr. Tamarac, FL 33321 14 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 15 NOTICE OF FACILITY USE City of Tamarac /The School SBBC of Broward County, Florida Date Location Type of Activity Facility Charges (if applicable) Service/Item Contact Person (City) Phone Contact Person (School) Phone Authorized Signature CITY Dates Times Amount SCHOOL SBBC (Approved / Disapproved) (Approved / Disapproved) [IR