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JOINT USE OF VARIOUS RECREATIONAL/EDUCATIONAL FACILITIES (5) r " ~'. ~, I I A G R E E MEN T THIS AGREEMENT, made and entered Into this 1 ?th day of Fphrll;:Jr}7 , 198......6 by and between the CITY OF ClEARWATER, FLORIDA a municIpal corporation, herelnl1lfter referred to as "City," and the SCHOOL BOARD OF PINELLAS COUNTY, hereinafter referred to as ''Board.'' WIT N E SSE T H WHEREAS, the Board desIres to use various CIty-owned facilItIes for physIcal education and various other school-related actIvities; and WHEREAS, the CIty desIres to use various Board-owned school facilities for recreational and educatIonal programs; and WHEREAS, the CIty and Board are each wll ling to cooperate In thIs matter under certaIn condItIons and provisions; NOW, THEREFORE, In consIderation of the covenants hereIn contained and other good and valuable consideration, the Board and City each give the other license to use theIr respectIve facll Itles as described In Exhibits "A" through "H" attached hereto and made part of thIs agreement, under the follow Ing terms and conditions: 1. The term of this Agreement shall be for a period of one (1) year commencing on January 1, 1986, and endIng on December 31, 1986. This Agreement may be extended from year to year under the same terms and condItions set forth herein, with written agreement and approval by the Board and City. 2. The Board agrees to make Its facll itles available when the use thereof does not Interfere with the regularly scheduled school programs as outlIned In Exhibits "A" through "H". Use of said facIlities shall not be earlier than 8:00 a.m. nor later than 11:00 p.m. for outdoor use and not later than 12:00 midnIght for Indoor use. 3. The facilitIes owned by the City may be used by the Board for physIcal educatIon and other school related activIties, when the use thereof does not interfere wIth any City programs and conforms wIth the hours the facilitIes are normally open to the publ ic. If one party desires to use the other party's facilities at a time other than normally open, that party wll I be required to pay the normal rental fee for saId usage. 4. Each party agrees to maintain the facIlities and surroundIng area In a clean and sanitary condItion after use by Itself or any of Its agents or Invltees. Page 1 of 3 " ".----:- . 0 (in (! f./)' /.~ <:...~------------'- ~- "! , . , -, -, I I 5. Each party shal I provide Its own personnel for the supervision of the programs it conducts. 6. Use of the facilities by private parties or organizations or by business enterprises for profit Is prohibited. The Board and City further agree to make no unl awful, improper, or offensive use of the facilities and all rights of a party breaching this paragraph shal I be subject to termination by the other party. 7. Each party agrees that It wll I save the other harmless on account of the negligent acts of Its employees or agents or on account of any unsafe condition that may exTst as a result of the negligent operation by Its employees or agents of Its facilities In accordance with the provisions of Section 768.28 Florida Statutes. Each party agrees to be responsible for the safety of Its own Invitees, licensees or participants In Its programs In case of accidental Injury, except as provIded above. 8. Neither the Board nor the City may assign this Agreement or any of Its rights, hereunder, nor permit others to use the facIlities or any part thereof without the wrItten consent of the other party. The Board and City agree that each party and Its officers, agents, and servants shal I have the right to enter and Inspect the facilities and the activities being conducted thereon at reasonable times. This Agreement may be canceled by either the City or Board upon thirty (30) days advance written notice to the other party. 9. Additional City or School Board facTI Itles may be used at appropriate times and places wTth the written approval of the Superintendent or City Manager. This Agreement may then be amended to describe the additional facilities and uses. 10. In the event of questions arising out of the use of the facilities or otherwise arising under this Agreement, the questions shall be settled In writing between the Superintendent and the City Manager, or the specific designee of either for resolution of such questions. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first written. Page 2 of 3 I J 10. In the event of questions arising out of the use of the facilities or otherwise arising under this Agreement, the questions shall be settled in writing between the Superintendent and the City Manager, or the specific designee of either for resolution of such questions. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first written. Approved as to correct nes s: ~' ~.. ./r City A orne '~r .. -Witnesses: o~/~ As to City o/;s: ~~~ Ii~ /:J, ~-#~ As to School Board By Attest: / -,' ' (I, . w~/~~f~ ~J_ CT!<,rk _:)7;/.CC / /- '-c') : Da t e : (_y)h >1--(Sj)Z!50 THE SCHOOL BOARD OF PINELLAS COUNTY, FLORIDA By . ~tft,~~ Chairman Attest: ~J;;pao Ex-Offi ci aS e c re t ary Date 7~ 2/t?6 / I I EXHIBIT A OAK GROVE MIDDLE SCHOOL City Usage of School Facilities 1. Gymnasium a. Program - Two programs are held by the Recreation Department at this facility. One is an after school playground program which occurs during the school year, but which then turns in- to an all day program during the summer months. The second program is a men and women's basket- ball league. b. Times and Dates - The after school playground progsam runs fo r 1 1/2 hours a day, Monday through Friday, and for 7-1/2 hours on Saturday. During the summer, the program runs for 8 hours a day, Monday through Friday. The men's and women's basketball league takes place during the dates of November 25 to December 20 and January 6 to March 20. The games are played from 6:00 p.m. until 11:00 p.m., Monday through Thursday. The approximate number of hours the facility is used for both of these programs is 1392. c. Costs - The City hires two teachers from the school as recreation leaders to run the after school and summer programs. The City also attempts to hire a teacher from the school, if available, as a scorekeeper or referee for the basketball league, plus act as a supervisor for the school. I I EXHIBIT B JOHN F. KENNEDY MIDDLE SCHOOL City Usage of School Facilities 1. Gymnasium a. Program - The City's Recreation Department uses this facility for its men's and women's basketball league and co-ed and adult volley- ball leagues. Also upon approval for wheel- chair basketball games. b. Times and Dates - The basketball league runs ~'rom November 2S until December 20 and from January 6 until March 15. The games are played Monday through Thursday between the hours of 6:00 p.m. and 11:00 p.m. The approx- imate number of hours the City utilizes this facility is 258 hours. c. Costs - The City attempts to hire a teacher from the school, if available, to be a referee or scorekeeper plus act as a super- visor for the school. J. ~. .. I I EXHIBIT C KINGS HIGHWAY ELEMENTARY SCHOOL City Usage of School Facilities 1. Basketball Court a. Program - The Recreation Department uses the basketball court as a facility for public play. b. Times and Dates - The basketball court can be used year-round when it doesn't interfere with a school program. c. Costs - The City paid for the installation of the lights on this court and is paying for the operation of these lights by use of a separate meter. School Usage of City Facilities 1. Kings Highway Recreation Center a. Program - Kings Highway Elementary School uses the large multi-purpose room inside the center for music, dance, and other related classes. Also special education classes use the game room. b. Times and Dates - The school may use this building for its classes Monday through Friday during the months of September to June, which is the school year, as long as it doesn't interfere with recreation programs at the center and as long as a staff member is sched- uled to be working at that time. This gives the school an unlimited amount of hours it can utilize the recreation center. c. Costs - None. The school provides leader- ship for all classes held in the center. I I EXHIBIT D NORTH WARD ELEMENTARY City Usage of Facility 1. Non e School Usage of City Facilities 1. Norton Park Pool a. Program - North Ward Elementary School uses the ~wimming pool for physical education classes. b. Times and Dates - The school uses the pool for approximately 4 weeks beginning in May from 9:00 a.m. to 12:00 p.m., 5 days a week for P.E. classes. Red Cross volunteers and P.E. staff accompany children to pool and give instructions and supervision. c. Costs - None. I I EXHIBIT E CLEARWATER HIGH SCHOOL City Usage of School Facilities 1. Gymnasium a. Program - The Recreation Department runs a youth basketball league for boys. The Recrea- tion Department also utilizes this facility for a summer basketball clinic for youth and adults. b. Times and Dates - The boys youth basketball league runs from the beginning of December un- til the first week of March. They play every Saturday (with th~ exception of a two week break around Christmas) from 9:00 a.m. until 1:00 p.m. The summer basketball clinic oper- ates from the middle of June until the middle of August (eight weeks) during the hours of 1:00 p.m. until 10:00 p.m., Monday through Fri- day. The approximate hours of usage for this facility is 360 hours. c. Costs - The Recreation Department will hire a teacher from the high school to work as a referee for the youth basketball and also will help supervise the school. For the summer clinic, a recreation specialist and a recrea- tion assistant are hired to run the program. Every attempt is made to hire two teachers from the high school for these positions. Any extra custodial work needed because of these two programs will be performed by these City employees. 2. Tennis Courts a. Program - The Recreation Department uses the tennis courts as a facility for public play. b. Times and Dates - The tennis courts can be used year-round by the public during the times of the day when it doesn't interfere with a school program. c. Costs - When the courts were constructed the City paid for the lighting of the courts and the City has continued to pay for the operation of the lights. The City also has been replacing nets as needed. 3. Basketball Courts a. Program - The Recreation Department util- izes the basketball courts similar to the tennis courts which is a facility open for public play. I I EXHIBIT E CLEARWATER HIGH SCHOOL - continued b. Times and Dates - The courts are used for public play year-round, but again, only during the times of the day when it doesn't interfere with a school program. c. Costs - The City paid for half of the con- struction costs of the basketball courts while the other half was paid for by the school. Another cost which the City pays is the opera- tion of the lights figuring that most use at night is done by the open public play and not by school programs. 1;. Running-Track a. Program - A City-wide clinic, tract meet, or special program may be run by the Recreation De- partment on this facility. The P.A. system and other track equipment may be used by the City for these events. b. Times and Dates - The number of times this facility is used by the Recreation Department varies, but when events are run, they again do not interfere with school programs. c. Costs - The City contributed $6,000 toward the resurfacing of the track. No other costs are incurred by the City regarding this facility School Use of City Recreation Facilities 1. Frank Tack Ballfields (Clearwater) a. Program - Clearwater High School uses the fields at Frank Tack for its varsity baseball team practices. b. Times and Dates- - The varsity baseball teams use the fields from January 3 until April 30. During this time they will conduct approximately 60 practices between the hours of 2:15 p.m. and 5:15 p.m. 2. Carpenter Field Ballfields (Clearwater) a. Program - Clearwater High School uses the fields for its baseball team for approximately 11 home games. b. Times and Dates - As stated above, the team plays its home games at Carpenter Field and they last approximately 2-1/2 hours. The ap- proximate total number of hours the facility is used is 28 hours. c. Costs - None. I I EXHIBIT E 3. Marymont Park Ballfields (Clearwater) a. Program - Girls softball including practice. b. Times and Dates - Approximately 2 to 2-1/2 hours and home games. c. Costs - None. 4. McMullen Tennis Complex a. Program - Clearwater High Tennis Teams use the courts for practices and home matches. b. Times and Dates - Times and dates vary and are subject to approval by the tennis complex mana~er. c. Costs - None. " " I I EXHIBIT F CLEARWATER COMPREHENSIVE MIDDLE SCHOOL City Usage of School Facilities 1, Gymnasium a. Program The Recreation Department uses this facility for its men's basketball league. b. Times and Dates - The basketball league is a program which runs from November 25 until December 20 and then again from January 6 until March 20. The games are held on Monday through Thursday, 6:00 p.m. to 11:00 p.m. The approxi- mate number of hours the City uses this facility is 2-S.8 hours. c. Costs - There is no cost to the City for the use of this facility. There is an agreement be- tween the school and Martin Luther King Recrea- tion Center of joint usage of each other's facilities which takes care of any costs for each party. School Usage of City Facilities 1, Holt Swimming Pool a. Program - Clearwater Comprehensive Middle School, Palmetto Elementary and Kings Highway Elementary can use the swimming pool for swim- ming instruction in connection with their physical education program. b. Times and Dates - The schools can use the pool during the months of September, April, and May. The program is run onMonday through Friday between the hours of 9:30 a.m. and 2:30 p.m. c. ,Costs - None. 2. Martin Luther King Recreation Center A. Tennis Courts a. Program Clearwater the tennis program. Palmetto Elementary School and Comprehensive Middle School both use courts for their physical education b. Times and Dates - Both schools use the tennis courts from September to June, Monday through Friday, between the hours 8:30 am and 4:00 pm. The courts are not continually used by either school during these times, but instead, they are used at various times of the day during that part of their physical education program where they teach tennis. c. Costs - None. o I I EXHIBIT F CLEARWATER COMPREHENSIVE MIDDLE SCHOOL - continued B. Playing Field a. Program - Palmetto Elementary School and Clearwater Comprehensive Middle School both use the playing field for their physical education program. b. Times and Dates - Both schools use the play- ing field from September to June, Monday through Friday, between the hours of 8:30 am and 4:00 pm. The field is not continually used by either school during these times, but instead, is used when the physical education activities warrant it. c. Costs - None. C. Softball Diamond a. Program - Palmetto Elementary School and Clearwater Comprehensive Middle School both use the softball diamond for their physical educa- tion program. b. Times and Dates - Both schools use the soft- ball diamond from September to June, Monday through Friday, between the hours of 8:30 am and 4:00 pm. The softball field is not continually used by either school during these times, but instead, is used when the physical education activities warrant it. Each school, Palmetto Elementary and Clearwater Comprehensive Middle School, have the opportunity to utilize one part of the outside area of the Martin Luther King Recreation Center (tennis courts, playing field, and softball diamond) for approximately 1,080 hours. c. Costs - None. '. .' ) I EXHIBIT G CURTIS FUNDAMENTAL SCHOOL City Usage of Facilities 1. Non e School Usage of City Facilities 1. Holt Swimming Pool a. Program - Clearwater Comprehensive Middle School, Curtis Fundamental and Kings Highway Elementary can use the swimming pool for swim- ming instruction in coneection with their physical education program b. Times and Dates - The schools can use the po61 during the months of September, April and May. The progrm is run on Monday through Fri- day, between the hours of 9:30 am and 2:30 pm. c. Costs - None. 2. ~artin Luther King Recreation Center A. Tennis Courts a. Program - Curtis Fundamental School and Clearwater Comprehensive Middle School both use the tennis courts for their physical education program. b. Times and Dates - Both schools use the tennis courts from September to June, Monday through Friday, between the hours of 8:30 am and 4:00 pm. The courts are not continually used by either school during these times, but instead, they are used at various times of the day during that part of their physical educa- tion program where they teach tennis. c. Costs - None. B. Playing Field a. Program - Curtis Fundamental School and Clearwater Comprehensive Middle School both use the playing field for their physical educa- tion program. b. Times and Dates - Both schools use the play- ing field from September to June, Monday through Friday, between the hours of 8:30 am and 4:00 pm. The field is not continually used by either school during these times, but instead, is used when the physical education activities warrant it. c. Costs - None. . ~ t I EXHIBIT G CURTIS FUNDAMENTAL SCHOOL - continued C. Softball Diamond a. Program - Curtis Fundamental School and Clearwater Comprehensive Middle School both use the softball diamond for their physical education program. b. Times and Dates - Both schools use the softball diamond from September to June, Mon- day through Friday, between the hours of 8:30 am and 4:00 pm. The softball field is not continually used by either school during these times, but instead, is used when the phys~cal education activities warrant it. Each school, Curtis Fundamental School and Clearwater Comprehensive Middle School, have the opportunity to utilize one part of the outside area of the Martin Luther King Recre- ation Center (tennis courts, playing field, and softball diamond) for approximately 1,080 hours. c. Costs - None. , ? I I EXHIBIT H COUNTRYSIDE HIGH SCHOOL City Usage of School Facilities 1. Auditorium a. Program - The City's Cultural Arts Section may wish to use the Auditorium during the year for a variety of cultural activities. All programs will be produced and directed by the staff of the City of Clearwater Recrea- tion Department. b. Times and Dates - These may vary and are flexible depending upon scheduled use of the auditorium and approval by school staff. c. Costs - The City will pay all extra custod- ial fees incurred due to event and personnel fees needed in order to keep_ the auditorium open for performances, e.g., lighting and sound technicians. 2. Gymnasium a. Program - The Recreation Department runs a summer drop-in recreation program for youth and adults. b. Times and Dates - The summer program oper- ates from the middle of June until the middle of August (eight weeks) during the hours of 10:00 am until 9:00 pm, Monday through Fri- day. The approximate number of hours of usage for this facility is 385 hours. c. Costs - A recreation leader, recreation specialist and assistant are hired to run the program. Every attempt is made to hire teach- ers or other high school personnel for these positions. Any extra custodial work needed because of this program will be performed by City employees. 3. Tennis Courts a. Program - The Recreation Department uses the tennis courts as a facility for public play. b. Times and Dates - The tennis courts can be used year-round by the public during the times of the day when it doesn't interfere with a school program. c. Costs - The Parks & Recreation Department in- tends to budget funds for lighting the tennis courts for night use. The City will pay for all utility costs associated with light sys- tem. School is responsible for net and center strap replacements. ", . , . , I I EXHIBIT H COUNTRYSIDE HIGH SCHOOL - continued 4. Handball Courts a. Program - The Recreation Department uses the handball courts as a facility for public play. b. Times and Dates - The handball courts can be used year-round by the public during the times of the day when it doesn't interfere with a school program. c. Costs - The Parks & Recreation Department in- tends to budget funds for lighting the handball courts for night use. The City will pay for all utility costs associated with lighting system. 5. Basketball Courts a. Program - The Recreation Department utilizes the basketball courts similar to the tennis courts and handball courts for public play. b. Times and Dates - Similar to tennis and hand- ball courts. c. Costs - Similar to handball courts. School Usage of City Recreation Facilities 1. Carpenter Field Ballfields (Countryside) a. Program - Countryside High School uses the fields for its baseball team approximately eleven home games. b. Times and Dates - Eleven games approximate- ly 2-1/2 hours in length. Dates and times vary. c. Costs - None. 2. Eddie C. Moore Complex Ballfields (Countryside) a. Program - Countryside High School girls soft- ball team uses field for practice and games. b. Times and Dates - Approximately 2 to 2-1/2 hours per day, Monday through Friday, for 12 weeks. c. Costs - None. . ~-- - . . TO: FROM: COPIES: SUBJECT: DATE: . I C I T Y '0 F C LEA R W ATE R Interdepartment Correspondence Sheet Art Kader, Asst. Director Parks and Recreation City Attorney ~ M. A, Galbraith, Jr., ~Ream Wilson, Director Parks and Recreation Joint Use Agreement between City and School Board December 27, 1985 .', /,~-:P~:},~l~t,fK~~D 0"- I~.. I have marked my proposed changes in green ink on the copy. l-' a t ~09~~7 ed, '~" ',',."! '. ! The only, substantive changes are as follows: 1. In the "NOW, THEREFORE" clause on page 1, I have deleted the reference to a "lease" of the facilities and I have said that each party gives to the other "license to use" their respective facilities. To give someone a license to use property does not give them a property interest, which seems to be the intent of the parties according to the paranthetical disclaimer which has been stuck clumsily in the middle of the sentence. 2, Paragraph 4, on page 2, has been modified to say (in effect) that each party will clean up after itself. Another interpretation is that each party cleans up after the other. Which is correct? 3. J~S S JLl4J In paragraph 7, on page 2, the last sentence has not been touched, but it should be, The City is not "required by law" to purchase insurance coverage, and we are now self-insured. Also, the reference to Section 768.28, Florida Statutes, is incorrect inso- far as the School Board is concerned, because the School Board is neither an agency nor a subdivision of the State of Florida in the context of the sovereign immunity waiver statute. The statutory reference for school boards is Section 230,23(9)(d), Florida Statutes, which requires insurance on school property and waives sovereign immunity to the extent of liability lnsurance coverage. The final sentence of paragraph 7 should be deleted. The other proposed changes are intended to clarify the agree~ent by eliminatingredundacies, using parallel sentence structure, and so forth. I have spent little time looking at the exhibits, except as to the organization of the paragraph~and sub-paragraphs. However, in Exhibit E, there is a statement that the use of the Bobby Walker Pool is to be "addressed by separate contract", Has a separate contract ever been entered into? Why can't it be made a part of cJl>.-~ ~ J.JJJ ) , ''!II< ,~. I I Art Kader, Asst. Director Parks & Recreation -2- December 27, 1985 this "agreement? Also, in the description of the running track, there is a statelnent that the City contributed $6,000 toward the resurfacing of the track. When was the contribution made, and is it necessary to carry that statement forward from year to year? On a more general note, the review of proposed agreements by the Legal Department will be more meaningful if yeu send th~m to us before they are sent to the other party. MAG:br Att. 'f."J' w p.....lolW\ - '''.' i' I ' SCHOOL BOARD OF PINELLAS COJNTY, FLORIDA 1960 E. Druid Road PO. Box 4688 Clearwater, FL 33518 Telephone: (8131442-1171 The Rev. Alber! G. BlomquIst. D. Min., Chairman Gerald R. Castellanos, Vice"Chalrman Betty L. Hamilton Calvin A. HunSinger Frank X. Pesuth, EdD, Wallace J. Voege Ron Walker Scott N. Rose, Ed.D Superintendent March 14, 1986 Mr. Art Kader Asst. Di rector City of Clearwater Parks & Recreation Dept. Box 4748 Clearwater, FL 33518 RE: Joint Agreement between the City and School Board Dear Mr. Kader: The School Board approved the renewal of the joint use agreement between the City and Board. Attached you wi 11 find three copi es of the agreement. Pl ease secure the proper signatures of the City and return two copies for our files. Thank you. Sincerely, -/ ;l aUrJ }iout'?c Ka ren Kroe ker Secretary, Fixed Assets Attachments (3) copies of Agreement 'r- -. f.: !'> n,' ',. ~ [., . ,~,f,',~) ;1 i"" r ~". ,,,', i" l an equal opportunity institution for education and employment