CITY OF NORTH LAUDERDALE

PARKS AND RECREATION DEPARTMENT

 

TO:                 Mayor and City Commission

 

FROM:           Richard D. Sala, City Manager

 

BY:                  Michael Sargis, Parks and Recreation Director

 

DATE:            July 17, 2007

 

SUBJECT:     Coconut Creek High School Contract to use Jerry Resnick Aquatic Center

 

Attached, please find an agreement that will allow Coconut Creek High School the use of the Jerry Resnick Aquatic Center for its Swim Team practices.  Coconut Creek High School has been using the Aquatic Center for its Swim and Dive Team for the past 18+ years and we have never had a negative incident.

 

The attached agreement would allow the Coconut Creek High School Swim Team use of the pool from August 20th through November 1st, 2007.  In exchange for the use of the pool, Coconut Creek High School will pay the City $35.00 per hour to cover operating cost.  During this time, the pool is planned to be open to the public. The only change to the agreement over previous years is the dates the school will be using the pool.   

 

Recommendation:

 

The City Administration recommends Commission’s consideration and approval of the attached resolution authorizing the City Manager to enter into an agreement with Broward County School Board for the use of the Jerry Resnick Aquatic Center by the Coconut Creek High School Swim Team from August 20, 2007 through November 1, 2007.

 

RESOLUTION NO. _____________________

 

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF NORTH LAUDERDALE, FLORIDA, AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AND ENTER INTO THE ATTACHED AGREEMENT BY AND BETWEEN THE CITY OF NORTH LAUDERDALE AND THE SCHOOL BOARD OF BROWARD COUNTY FOR COCONUT CREEK HIGH SCHOOL'S USE OF THE JERRY RESINCK AQUATIC CENTER;AND PROVIDING AN EFFECTIVE DATE.

 

BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF NORTH LAUDERDALE, FLORIDA

 

Section 1:         That the City Manager of the City of North Lauderdale Florida, be and the same is hereby authorized and directed to execute and enter into the attached agreement by and between the City of North Lauderdale and the School Board of Broward County for Coconut Creek High School's use of North Lauderdale's swimming pool facilities from August 20, 2007 through November 1, 2007.

 

Section 2:         That this Resolution shall take effect immediately upon adoption.

 

PASSED and ADOPTED by the City Commission of the City of North Lauderdale, Florida this 17th day of July, 2007.

 

 

APPROVED AS TO FORM:

 

 

__________________________________

CITY ATTORNEY SAMUEL S. GOREN

 

 

________________________________

                                    MAYOR JACK BRADY

 

 

________________________________

                        VICE MAYOR RICH MOYLE

ATTEST:

 

 

___________________________________________

DEPUTY CITY CLERK

 

CITY OF NORTH LAUDERDALE

COCONUT CREEK HIGH SCHOOL

SWIM TEAM USAGE AGREEMENT

 

 

            THIS AGREEMENT entered into this ______day of  _______2007 by and between the CITY OF NORTH LAUDERDALE, a municipal corporation organized and existing under the laws of the State Of Florida, hereinafter referred to as “CITY” and the SCHOOL BOARD OF BROWARD COUNTY, FLORIDA, hereinafter referred to as “SCHOOL BOARD”.

 

WITNESSETH:

 

            WHEREAS, CITY has swimming pool facilities located at the North Lauderdale Jerry Resnick Aquatic Center, 701 SW 71 Avenue, North Lauderdale, Florida 33068; and

 

WHEREAS, Coconut Creek High School is in need of swimming and diving facilities for practice sessions (one meter board only) for its swimming and diving team; and

 

WHEREAS, SCHOOL BOARD and CITY desire to enter into an agreement to make available the swimming pool at specific times for swimming and diving team practices for Coconut Creek High School;

 

NOW THEREFORE, be it agreed by and between the parties for good and valuable consideration as well as the mutual covenants between the parties as follows:

 

I.          USE OF SWIMMING POOL FACILITIES:

 

A.        Beginning no earlier than August 20, 2007 and to continue up to and including November 1, 2007.

 

B.         Use of said swimming pool facilities during the period prescribed shall be limited as follows:

 

            1.         Swimming Practice

 

Coconut Creek High School swimming and diving team will practice from August 20, 2007 to November 1, 2007, Monday through Friday from 3:00 PM to 5:30 PM. Saturdays, Sundays and ALL public holidays officially recognized by the City are excluded.

 

2.         SCHOOL BOARD swimming meets shall not be scheduled at the City of North Lauderdale Aquatic Complex.

 

 

 
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C.               The CITY agrees that during the period that Coconut Creek High School Swim Team is engaged in practice sessions, a maximum of 3 lanes will be available for swim team usage. The pool will not be closed for public use.

 

D.               The CITY shall permit the Coconut Creek Swim Team to use the City’s kickboards, pull buoys, and backstroke flags.

 

E.                  The City shall install lane lines prior to the start of practice.

 

II.        OPERATION AND RESPONSIBILITY:

 

A.        The responsibility of maintaining control of said pool shall be as follows:

 

1.         The responsibility to enforce health and safety regulations as specified by the Broward County Health Department shall be borne by both parties.

 

2.         All pool rules and safety requirements, which are promulgated by the CITY, shall be obeyed by SCHOOL BOARD. At no expense to the CITY, the SCHOOL BOARD shall provide an authorized, named, and qualified swimming and diving instructor who shall be in charge and supervise the SCHOOL BOARD students using the swimming pool.

 

III.       UTILIZATION OF OUTDOOR FACILITY AND EOUIPMENT:

 

The City agrees that the Coconut Creek High School swimming and diving team shall be entitled to utilize outdoor facilities located at the North Lauderdale Aquatic Complex, including all emergency equipment, during the period of time that the swimming and diving team is in use of the swimming facility under the terms of this Agreement.

 

IV.       COST OF OPERATIONS:

 

The cost of operating the swimming pool during the term of this Agreement shall be the sole responsibility of the CITY.

 

V.        CONSIDERATION:

 

A.        In consideration for the use of the swimming pool facilities by Coconut Creek High School swimming and diving team, the SCHOOL BOARD agrees to pay to the CITY, a usage fee in the amount of Thirty-five Dollars ($35.00) per hour for the times of use as stated in Section 1, Paragraph B.  The SCHOOL BOARD shall tender the payment to the CITY, on a monthly basis following receipt of the CITY’S invoice.  The payment shall be made payable to the City of North Lauderdale.

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B.              The SCHOOL BOARD further agrees to supply the CITY with a Certificate of Insurance which shall reflect general liability insurance for all swimming and diving practice sessions, including all participants and spectators with combined bodily injury property damage limits of $1,000,000.00 for each occurrence, with the CITY named as additional insured.

 

C.              In addition, the SCHOOL BOARD shall furnish evidence to the CITY that each member of the Coconut Creek High School swimming and diving team is participating in the swimming and diving team with the consent of his or her parents, and further proof of accident insurance policies covering accidents which may occur while engaged in swimming and diving practice for the Coconut Creek High School swimming and diving team; which policies shall be in full force and effect for each member of the Coconut Creek High School swimming and diving team.

 

VI.              NOTICE:

 

When any of the parties desire to give notice to the other, such notice must be in writing, sent by U.S. Mail, postage prepaid, addressed to the party for whom it is intended at the place last specified.  The place for giving notice shall remain such until it is changed by written notice in compliance with the provisions of the paragraph.  For the present, the parties designate the following as the respective places for giving notice:

 

To School Board:

Superintendent of Schools

 

The School Board of Broward County, Florida

 

600 Southeast Third Avenue

 

Fort Lauderdale, Fl. 33301

 

 

With a copy to:

Edward J. Marko, School Board Attorney

 

The School Board of Broward County, Florida

 

600 Southeast Third Avenue

 

Fort Lauderdale, Fl. 33301

 

 

To City:

Richard D. Sala, City Manager

 

City of North Lauderdale

 

701 SW 71 Avenue

 

North Lauderdale, Fl. 33068

 

Telephone No.:  (954) 722-0900

 

Facsimile No.:   (954) 720-2151

 

 

With a copy to:

Samuel S. Goren, Esquire, City Attorney

 

Goren, Cherof, Doody & Ezrol, P. A.

 

3099 E. Commerical Blvd., Suite 200

 

Fort Lauderdale, FL  33308

 

Telephone No.:  (954) 771-4500

 

Facsimile No.:   (954) 771-4923

 

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VI.       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.

 

VII.     INDEMNIFICATION:

 

Each party agrees to be fully responsible for its acts of negligence, or its agent’s acts of negligence when acting with the scope of their employment, and agrees to be liable for any damages resulting from said negligence. Nothing herein is intended to serve as a waiver of sovereign immunity by any agency to which sovereign immunity may be applicable. 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.

 

VIII.    NON-DISCRIMINATION PROVISION:

 

The parties shall not discriminate against any employee or participant in this program because of race, age, religion, color, gender national origin, marital status, disability, or sexual orientation.

 

IX.       TERMINATION:

 

This Agreement may be canceled by either party during the term thereof upon thirty (30) days written notice to the other parties of its desire to terminate this Agreement.

 

X.        ASSIGNMENT:

 

Neither this Agreement nor any interest herein may be assigned, transferred or encumbered by any party without the prior written consent of the other party.  There shall be no partial assignments of this Agreement including, without limitation, the partial assignment of any right to receive payments from the SCHOOL BOARD.

 

XI.       EXCESS FUNDS:

 

Any party receiving funds paid by the SCHOOL BOARD under this Agreement agrees to promptly notify the SCHOOL BOARD of any funds erroneously received from the SCHOOL BOARD upon the discovery of such erroneous payment or overpayment.  Any Such excess funds shall be refunded to the SCHOOL BOARD.

 

 

 

 

 

 

 

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SIGNED AND SEALED THE DAY AND YEAR FIRST ABOVE WRITTEN:

 

 

                                                            CITY OF NORTH LAUDERDALE, FLORIDA

 

(CORPORATE SEAL)

                                                            BY:  _______________________________

                                                                        RICHARD D. SALA

 

ATTEST:

 

 

BY:______________________________

            DEPUTY CITY CLERK

 

 

APPROVED AS TO LEGAL FORM:

 

 

____________________________________

SAMUEL S. GOREN, CITY ATTORNEY

 

 

STATE OF FLORIDA

 

COUNTY OF BROWARD

 

            The foregoing instrument was acknowledged before me this _____ day of ____________, 2007 by ____________________, as Deputy City Clerk and RICHARD D. SALA, as City Manager of the City of North Lauderdale, Florida.  They took an oath and are personally known to me or have produced _____________________________ as identification.

 

 

                                                                        _________________________________

                                                                        Notary Public

                                                                        My Commission Expires:

 

 

                                                                        _________________________________

(seal)                                                               Typed Name of Notary Public

(Corporate Seal)

 

 

 

 

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                                                                        THE SCHOOL BOARD OF

                                                                        BROWARD COUNTY, FLORIDA

 

 

 

BY:_____________________________________

                                                                              Broward County School Board Chairperson

 

ATTEST:

 

______________________________

James F. Notter

Superintendent of Schools

                                                                        Date:__________________________

 

 

                                                                        Approved as to form:

 

 

                                                                        ________________________________

                                                                        School Board Attorney

 

 

 

 

SSG:DNT:dnt

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