CITY OF
PARKS AND RECREATION DEPARTMENT
TO: Mayor and City Commission
FROM: Richard D. Sala, City Manager
BY: Michael Sargis, Parks and
Recreation Director
DATE: October 9, 2007
SUBJECT: Agreement
between the City of
With the closing of
NLAHS, the City was required per the school’s operating charter, to turn over
all school equipment purchased with funds received from the
The City contested
some of the equipment (computers, TV’s, kitchen equipment and school buses) as
City Property. Under the terms of the
charter, items contested are to be equitably divided between both
organizations. After almost a year and a half of meetings with various school
board staff members, a rather detailed review of the school purchasing history
by the School Board Auditor, a meeting with School Board Member Kraft, and a
meeting with Superintendent Notter, the
City and SBBC have reached an agreement that City Staff believes is fair to
both organizations. The Agreement would
address the distribution of the remaining property as follows:
·
Apple Computers – these computers
were originally purchased for the School’s Art Program. The City doesn’t use Apple Computers.
·
Dell Computers – these computers were originally purchased
for the labs and teachers. The majority
of these computers are 3 years or older and have not been used in the last 2
years. The Computers are not needed in
the City inventory.
·
Televisions – The City installed 56, one into each
classroom and office approximately 5 years ago.
As part of the agreement, the School Board will be taking all 56 TV’s;
however 28 will be distributed to district schools located within the City of
·
Kitchen Equipment – There are various
pieces of kitchen equipment at the school.
Items like warmers, serving tables, ice machine, large industrial
refrigerator, and sinks.
The majority of the equipment cannot
be used by the City, with the exception of the Industrial
Refrigerator, which will remain with the City and will be used by the Parks and Recreation Department.
·
School Buses – This item was the most important to the City. Prior to the start of the school, the City
operated 2 buses. With the start of the
school, the City sold the 2 original buses and purchased 5 new buses over 2
years. The buses were used jointly by
the Parks and Recreation Department and School.
The School Board originally made claim to all 5 buses. However with the assistance
of School Board Member Mrs. Kraft and consideration of the School
Superintendent Mr. Notter, the Agreement will provide that the City will retain
3 buses, and the SBBC will take 2 buses.
The City selected the 2 buses that will be sent to the SBBC. The SBBC is also willing to lease
While
the agreement provides for a majority of equipment in debate to be delivered to
the SBBC, City staff feels very comfortable with the agreement and the items the
City is retaining. As we discussed
above, the majority of the items have no more use to the City so parting with
them is no real loss. Also, in the
future if the City determines that an additional bus is needed, the City has reserve
funds available in the Recreation Special Project fund to cover the cost.
Recommendation:
The City
Administration recommends Commission’s consideration and approval of the
attached resolution authorizing the Mayor to enter into the attached agreement
providing for the disposition of NLAHS equipment.
RESOLUTION NO. ______________
A RESOLUTION OF
THE CITY OF NORTH LAUDERDALE AUTHORIZING THE MAYOR TO ENTER INTO THE ATTACHED
AGREEMENT WITH THE BROWARD COUNTY SCHOOL BOARD FOR THE DISPOSITION OF NLAHS EQUIPMENT.
WHEREAS, the City Commission of the City of North Lauderdale, Florida ceased operation of North Lauderdale Academy High School; and
WHEREAS,
WHEREAS, the North Lauderdale Academy High School Charter prescribed a disposition method; and
WHEREAS, the City and School Board of Broward County have mutually agreed upon the disposition; and
NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
Section 1. This Resolution shall become effective immediately upon its passage and adoption.
Section 2. The disposition of equipment shall be as follows:
PASSED AND ADOPTED BY THE CITY
COMMISSION OF THE CITY OF
APPROVED AS TO FORM:
__________________________________
CITY ATTORNEY SAMUEL S. GOREN
___________________________
MAYOR JACK BRADY
___________________________
VICE MAYOR RICH MOYLE
ATTEST:
_________________________________
AGREEMENT FOR DISPOSITION OF CHARTER SCHOOL EQUIPMENT
THIS
AGREEMENT made on the ____ day of ____________, 2007, by and between:
CITY OF
[hereinafter referred to as
“City”],
and
The
School Board of
A
body corporate existing under the laws
Of
the State of
Place
of business at:
[hereinafter
referred to as “SBBC”].
WHEREAS,
the City operated a
WHEREAS,
the City closed the
WHEREAS,
the Charter provided for reversion rights in the property, improvements, and
furnishings purchased for the Charter School, with such items purchased using
SBBC funding to revert to the SBBC; those items purchased solely with municipal
funds to remain with the City; and, those items purchased with funding from
both the SBBC and the City to be “equitably” divided by the parties; and,
WHEREAS,
the parties implemented the provisions of the Charter for disposition of the
Charter School’s property, but several items required specific review and
discussion between the parties; and,
WHEREAS, as a result of
specific review and discussions by the parties, the parties enter into this
Agreement to confirm the distribution of the specific items addressed
herein.
NOW,
THEREFORE, in consideration of the mutual covenants and promises contained in
this Agreement, the
1.0
Recitals. The foregoing
recitals are true and correct and are herein incorporated by reference.
2.0 Division of
2.1. School
Buses: The City has five (5) school buses for the School. The City of North Lauderdale will retain
three (3) of the school buses, and two (2) school buses will be turned over to
the SBBC in accordance with this Agreement.
The two (2) school buses to be delivered to the SBBC are the following,
identified by Vehicle Identification Number (“VIN”):
PR
- 333 4UZAAXAK32CJ32371
PR
- 555 4UZAAXAK72CJ32373
The City
shall remove the two (2) school buses from municipal service at the conclusion
of the current summer camp; provided that the City may use these buses up to
the date of delivery to the SBBC in the event of an emergency.
Subsequent to
delivery of the school buses to the SBBC, the City may lease school buses from
the SBBC from time to time in accordance with the SBBC’s standard school bus
lease agreement..
2.2. Televisions:
The City has fifty-six
(56) televisions for the
2.3. Computers: All Apple and Dell computers
used by the
2.4. Refrigerator: The refrigerator shall remain
with the City.
2.5. Ice Machine: The Ice Machine shall be turned
over to the SBBC, and the SBBC shall arrange for delivery of the ice machine to
the SBBC.
2.6. Kitchen
Equipment/Warmers/Utensils:
2.7 The SBBC will
pick up the items to be turned over to the SBBC within thirty (30) days of
execution of this Agreement by the last party to sign.
3.0
Miscellaneous Provisions.
3.1
Titles. Any and all titles
to sections and subparagraphs of this Agreement are for identification purposes
and shall not be construed to create a conflict with the provisions of this
Agreement.
3.2
Assignment. This Agreement
shall not be assigned by either party.
3.3
Waiver. No waiver of any
provision of this Agreement shall be deemed or shall constitute a waiver of any
other provision unless expressly stated.
3.4
Indemnification. Each party
agrees to be fully responsible for its acts of negligence or its agents’ acts
of negligence when acting in the scope of the agents’ 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 SBBC or City to which sovereign immunity may be
applicable. Nothing herein shall be
construed as consent by SBBC or City to be sued by third parties in any manner
arising out of the contract.
3.5
Modification. Any modification
of this Agreement shall be in writing and executed by both parties.
3.6
Successors. This Agreement
shall be binding upon and inure to the benefit of the parties signing this
Agreement and their respective administrators, legal representatives and
successors.
3.7
Partial Invalidity. If any
provision or any part of this Agreement is determined to be unlawful, void, or
invalid, that determination shall not affect any other provision of this
Agreement and all such provisions shall remain in full force and effect.
3.8
Applicable Law and Venue. This
Agreement shall be interpreted and construed according to the laws of the State
of
3.9
Notice. When any of the
parties desire to give notice to the other, such notice must be in writing,
sent by US 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
With a Copy to: Director of School
Boundaries, Student Assignment,
The School Board of
To City: Richard
Sala, City Manager
City of
With a Copy to: Samuel S. Goren, Esquire
Office of the City
Attorney
Goren, Cherof, Doody
& Ezrol, P.A.
3.10
Advice of Counsel. SBBC and the
City both state that they have been represented by legal counsel in connection
with the negotiation and execution of this Agreement and each is satisfied with
the legal representation it received.
3.11
Non-Discrimination Provision. The parties agree not to discriminate against
any employee or participant in the program because of race, age, religion,
color, gender, national origin, marital status, disability, or sexual
orientation.
3.12
Authority Provision. 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.
THE SCHOOL BOARD OF
BY:________________________________
BEVERLY GALLAGHER,
CHAIR
ATTEST:
BY:________________________________
JAMES F. NOTTER,
SUPERINTENDENT OF SCHOOLS
APPROVED
AS TO FORM:
BY:_______________________________
ED
MARKO,
SCHOOL BOARD ATTORNEY
STATE OF
)ss:
THE
FOREGOING INSTRUMENT was acknowledged before me this _____ day of _____________,
2007, by BEVERLY GALLAGHER, as Chair, of The School Board of Broward County,
Florida, who is personally known to me or has produced _____________________ as
identification.
__________________________________
NOTARY PUBLIC
__________________________________
Print or Type Name
My Commission Expires:
CITY OF
ATTEST:
BY:_______________________________
RICHARD D. SALA, CITY MANAGER
BY:___________________________________
City Clerk
APPROVED AS TO FORM:
BY:___________________________________
SAMUEL S. GOREN, CITY ATTORNEY
STATE OF
)ss:
THE
FOREGOING INSTRUMENT was acknowledged before me this day of ____________________, 2007, by RICHARD
SALA, as City Manager, and __________________, as City Clerk, of the City of
______________________________
NOTARY
PUBLIC
______________________________
Print
or Type Name
My Commission Expires:
H:\1998\980042\AGMT\Agreement with SBBC (property
distribution) 10-2-07.doc