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CONTRACT - SCHOOL FACILITY USE - 1/01/1994 - 12/31/1994 - ALL SCHOOLS " I I A G R E E MEN T THIS AGREEMENT, made and entered into this 8/~ day of DeL~~t~~, 1993 by and between the CITY OF CLEARWATER, FLORIDA, a municipal corporation,. hereinafter 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 willing to cooperate in this matter under certain conditions and provisions; NOW, THEREFORE, ln 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 facilities as described in Exhibit "A" attached hereto and made part of this agreement, under the following terms and conditions: 1. The term of this Agreement shall be for a period of one (1) year commencing on January 1, 1994, and ending on December 31, 1994. This Agreement may be extended from year to (]e(~ ~ 0'0- ICt"\~_. ( .:\ ( ~-fj '- 1 I 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 facilities available when the use thereof does not interfere with the regularly scheduled school programs as outlined in Exhibit "A." 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 public. If one party desires to use the other party's facilities at a time other than normally open, that party will be required to pay the normal rental fee for said usage. 4. Each party agrees to maintain the facilities and surrounding area ln a clean and sanitary condition after use by itself or any of its agents or invitees. 5. The City and all its invitees shall abide by all Board policies, including policy numbers 6Gx52-5.25 and 6Gx52- 5.27, which state that the consumption of tobacco products and/or alcoholic beverages on Board property, including any outside areas, is prohibited. -2- 1 I 6. Each party shall provide its own personnel for the supervision of the programs it conducts. 7. 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 unlawful, improper, or offensive use of the facilities and all rights of a party breaching this paragraph shall be subject to termination by the other party. 8. Each party agrees that it will save the other harmless on account of the negl igent acts of its employees or agents or on account of any unsafe condition that may exist 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. 9. 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 shall have the right to enter and inspect the facilities and the activities being conducted thereon at reasonable times. This Agreement may be -3- I I cancelled by either the City or Board upon thirty (30) days advance written notice to the other party. 10. Additional city or School Board facilities may be used at appropriate times and places with the written approval of the Superintendent, city Manager or their respective designees. This Agreement may then be amended to descr ibe the additional facilities and uses. 11. 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. -4- . . .' . I I IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first written. Approved as to form and correctn~;h/~ c~[:;.;;-u- Approved as to Form and e tness: ~~ ~~f .4~-f<<J4~7~' ~"1 Board - ~ As to SChO~ dt(adOllp) -5- By Attest: 2.~. ,QL By c Il-! Ii 9 1 School School Facilities Agency Facilities EXHIBIT "A" Joint Utilization of Properties School Board of Pinellas County and City of Clearwater 1/01/94 - 12/31/94 Norton Complex playground pre-K D.E.E.S. program Program Dates and Times School staff Supervision By Estimated. Charge To Be none n/a ------------------------- ------------------------- ------------------------- ------------------------- ------------------------- --------------- ----------------- ------------------------- ------------------------- ------------------------- ------------------------- ------------------------- --------------- --------~-------- Belleair Elementary - Clearwater Discovery School Clearwater Discovery School Clearwater Discovery School Clearwater Discovery cafeteria School Clearwater Discovery gymnasium School Clearwater High School - Clearwater High School Clearwater High School Clearwater High School Clearwater High School Belleair Elementary Norton Complex swimming pool Holt Avenue Pool Martln Luther King Complex; softball fields, basketball & tennis courts National Guard Armory gymnasium Bomber Stadium & E.C. Moore ballfields physical education classes physical education program physIcal education program boys and gl rls basketball programs 9/94 - 6/94; various days and times during school hours 3 weeks in May 1994, M- F, 8:30 - 12:30; other dates and times as approved Apri l, May, and September, M-F; 9:30 a.m. - 2:30 p.m. 9/94 - 6/94. M-F' 8:30 a.m. - 4:00' p.m.' varies, only for emergency situations helping hand neighborhood every Tuesday 6:30 - 7:30 p.m. (as approved by Principal) mens' basketball league 8-9 varsIty gIrls' softball games Carpenter FIeld ballfield varsity baseball team games Frank Tack Park ball fields varsity baseball team practice Marymount Park balLfields varsIty gIrls' softball practice and games McMullen Tennis Complex tennis team practice and matches 11/93 - 5/94; M-Thur; 6:00 p.m. - 11:00 p.m. 3/1/94 - 5/15/94, 3:00 p.m. - 8:00 p.m. School staff School staff School staff School staff Scout Leader, Bel inda Ferrell, 442- 1059 City staff School staff 11 home games, at dates School staff and times as approved by City of Clearwater 1/94 - 4/94' M-F' 2:15 p.m. - 5;15'p.m.' 1/94 - 5/94. M-F. 2:15 p.m. - 5:15'p.m.' dates and times as approved by the City of Clearwater School staff School staff School staff rva-- none rva-- none rva-- none rva- none rva- none rva- none ~ none ~ none ~ none rva- none rva- none EXHIBIT "A" Joint Utilization of Properties School Board of Pinellas County and City of Clearwater 1/01/94 - 12/31/94 Clearwater High School School School Facilities Agency Facilities Program Dates and Times Supervision By Estimated: Charge To Be --------------- ----------------- ------ --------------- ----------------- City staff and custodial costs n/a volunteers City staff none rva- City staff none rva- ------------------------- ------------------------- ------------------------- ------------------------- ------------------------- ------------------------- ------------------------- ------------------------- ------------------------- ------------------------- Clearwater High School Clearwater High School ,- Clearwater High School Clearwater High School Clearwater High School Countryside High School Countryside High School .-..ntryside High School CountrysIde High School CountrysIde High School Countryside High School auditorium, fields, track/stadium basketball courts gymnasium gymnasium gymnasium tennl s courts auditorlUm baseball fields basketball & handball courts gymnasium 11/93 - 3/94; M-F; 6:00 p.m. - 11 :00 p.m.; (times when plant operator already on duty) summer basketball program 6/94 - 8/94; M-Th; 1:00 City staff p.m. - 10:00 p.m.; (times when plant operator already on duty) youth basketball league 12/93 - 3/94; Sat.; 9:00 CIty staff a.m. - 1:00 p.m.; (times when plant operator already on duty) year round when school not in session citywide,cultural,Fun n'Sun & Special Olympics occasional use during year at dates & times as approved by school year round when school not in session publ ic play adul t leagues publIC tennIs play Carpenter Field ballfIeld varsity baseball team games E.C. Moore Complex ball fi elds 11 home games, at dates and times as approved by City of Clearwater varsIty girls' softball 1/94 - 5/94; M-F; 2:15 games (8 est.) & practice p.m. - 5:15 p.m. cultural arts activitIes occasIonal use during year at dates & times as approved by school youth and adult baseball year round - at dates & times as scheduled with school public play year round when school not in session Fun n' Sun activities 4/15/94 - 5/1/94; dates & times to be determined; (times when plant operator already on duty) rva- none ~ none Ci ty staff none ~ School staff none ;va- School staff none ;va- Ci ty staff personnel costs nra- City staff and none nra- volunteers City staff none ~ Ci ty staff and none ~ volunteers EXHIBIT "A" Joint Utilization of Properties School Board of Pinellas County and City of Clearwater 1/01/94 - 12/31/94 School School Facilities Agency Facilities Program ------------------------- ------------------------- ------------------------- ------------------------- ------------------------- ------------------------- ------------------------- ------------------------- Countryside High School gymnasium summer drop in program Countryside High School north practice field area youth soccer and football programs ,- Countryside High School parking lot multi-material recycling drop-off center Countryside High School stadium track meets Countryside High School stadium & gymnasium Fun n' Sun activities Countryside High School tennl s courts publIc play Curtis Fundamental School Holt Avenue Pool phYSIcal education program Curtis Fundamental School MartIn Luther KIng physIcal educatlOn Complex; softball program fields, basketball & - tennis courts Kennedy Middle Mornlngside Recreation physical educatIon Complex swimming pool cl asses Kennedy Middle gymnasium summer drop in program Kennedy Middle gymnasium volleyba II and basketball leagues Dates and Times ------------------------- ------------------------- 6/94 - 8/94; M-F; 10:00 a.m. - 9:00 p.m.; (times when plant operator already on duty) year round - at dates & times as scheduled with school year round April & May 1994; dates & times as approved by principal 4/15/94 - 5/1/94; tImes to be determined Supervision By --------------- --------------- City staff City staff and volunteers City staff City staff and volunteers Cl ty staff and volunteers year round when school City staff not in session April, May, and School staff September, M-F; 9:30 a.m. - 2:30 p.m. 9/94 - 6/94. M-F. 8:30 School staff a.m. - 4:00'p.m.' dates and tImes as School staff approved by the City of Clearwater 6/15/94 - 8/10/94; M-Th; City staff 9:00 a.m. - 2:00 p.m.; (times when plant operator already on duty) 1/94 - 5/94; M-Thur; City staff 6:00 p.m. - 9:30 p.m.; (times when plant operator already on duty) Estimated Charge ========~======== To Be none n/ a none ~ none ~ none ~ none (assumes no ~ extra direct costs, e.g., plant operator or uti l iti es) none ~ none ~ none rva- none rva- none rva- none rva- EXHIBIT "A" Joint Utilization of Properties School Board of Pinellas County and City of Clearwater 1/01/94 - 12/31/94 School School Facilities Agency Facilities Program Dates and Times ------------------------- ------------------------- ------------------------- ------------------------- ------------------------- ------------------------- ------------------------- ------------------------- ------------------------- ------------------------- Kings Highway Elementary Holt Avenue Pool Kings Highway Elementary Kings Highway Recreation Center; gameroom and multi-purpose room ~gs Highway Elementary basketball court North Ward Elementary Norton Complex swimming pool Oak Grove Middle Mornlngside Recreation Complex swimming pool Oak Grove Middle gymnasium Oak Grove Middle gymnasIum Oak Grove Middle gymnasIum ~inole Community School classroom various schools Moccasin Lake Nature Park; classroom, park, exhibits Prepared by: Real Property Management Department Pinellas County Schools sf/par/exhibita ~ . physical education program classes and programs publlC play physlcal education classes physIcal education classes summer drop in program volleyba II and basketball leagues youth basketball program personnel pre-employment assessment testing nature classes 11/93 - 4/94; M-Thur; Clty staff 6:00 p.m. - 11:00 p.m.; (times when plant operator already on duty) 1/94 - 2/94; Sat.; 9:00 a.m. - 1 :00 p.m. 3-4 tImes durIng year, as scheduled with school staff April, May, and September, M-F; 9:30 a.m. - 2:30 p.m. 9/94 - 6/94; M-F; dates and times as approved by City of Clearwater year round - at dates & times as scheduled with principal 5/94; M-F; 9:00 a.m. - 12:00 p.m. dates and times as approved by the City of Clearwater 6/15/94 - 8/10/94; M-Th; 9:00 a.m. - 2:00 p.m.; (times when plant operator already on duty) dates and times as approved by the City of Clearwater I I I Supervision By Estimate~Charge To Be --------------- --------:-------- --------------- --------.-------- School staff :t- n/a School staff none rva- City staff none School staff none rva- School staff none rva- City staff none rva- rva- none CIty staff plant 01 erator rva- and uti ity costs Ci ty staff extra U Il ity school and cus odial costs, f any School staff none rva- NOTE: BILLINGS FOR LESS HAN $25.00 SHOULD NOT BE INVO CEO