JOINT USE FACILITIES AGREEMENT WITH CLEARWATER AQUATIC CENTER - GM12-1801-074 f
AGREEMENT
THIS AGREEMENT made and entered into this 12/11/2012 by and between THE SCHOOL BOARD OF
PINELLAS COUNTY, FLORIDA, hereinafter referred to as the "BOARD," and CITY OF CLEARWATER, FLORIDA,
hereafter referred to as"CLEARWATER AQUATIC CENTER".
WITNESSETH:
WHEREAS,the BOARD is committed to providing an appropriate course credit recovery program to assist
students behind in credits to graduate on time; and
WHEREAS,the BOARD and CLEARWATER AQUATIC CENTER are committed to providing an intervention
program for children to have an opportunity to recover credits and graduate on time; and
WHEREAS, CLEARWATER AQUATIC CENTER will provide such program facilities at, CLEARWATER AQUATIC
CENTER located at 900 N. Martin Luther King Jr.Avenue, Clearwater, FL 33755; and
NOW,THEREFORE, in consideration of the foregoing,the parties agree as follows:
1.The BOARD shall provide the Mobile Course/Credit Recovery(MC/CR) program by providing
online learning for students identified in need of recovery credit for graduation. The BOARD shall also
provide Dropout Prevention certified, highly qualified,classroom teachers who will be teachers of record or
facilitators of the online learning process at CLEARWATER AQUATIC CENTER. Supplies,textbooks,
technology, support services and professional development will be provided based on available funding.
2.The BOARD will provide a professional staff which will assist in the coordination of the program's
operation.
3.The BOARD shall provide appropriate computers, internet access and printing capabilities in a
mobile case with appropriate locks for security.
4.The day-to-day management of the MC/CR Program shall be conducted in coordination with the
BOARD administrator of dropout prevention services.
5. CLEARWATER AQUATIC CENTER shall provide the necessary classroom space for up to 8 students
per semester at CLEARWATER AQUATIC CENTER for a minimum of 2 days a week.
6.The MC/CR Program will serve at-risk students in grades eight through twelve and their families.
The program offers an opportunity for high school students to improve their grade point average and
recover credits failed and for middle school students to recover lost work from courses. School counselors
and dropout prevention specialists provide services to the students and parents for on time graduation
requirements.The MC/CR instructor shall exchange appropriate information as required and in a manner
consistent with Florida Statutes, rules and professional ethics.
7. Classes shall be held during the times indicated on the after-school schedule.
r lip •
AGREEMENT CITY OF CLEARWATER, FLORIDA-CLEARWATER AQUATIC CENTER
8.The BOARD and CLEARWATER AQUATIC CENTER coordinator will collaboratively develop a Safe
Learning Environment/Crisis Plan. The plan will include provisions for insuring the safety of educational
personnel, students,and BOARD equipment. Any emergency cancellation of school must be done in
coordination with the administrator of dropout prevention services or designee.
9.The method of disciplining students unable to cope with the MC/CR program shall be discussed by
the MC/CR instructor with the appropriate administrator. The administrator of MC/CR program must be
notified to assist prior to disciplinary action.
10.The BOARD'S instructional calendar shall be applicable to the MC/CR Program. The program
coordinator/administrator at CLEARWATER AQUATIC CENTER shall be responsible to the BOARD'S
administrator of dropout prevention services and will work in cooperation with the school-based principal.
11. CLEARWATER AQUATIC CENTER shall comply at all times during the term of this Agreement at its
own cost with the background screening requirements of Florida law, including Sections 1012.465, Florida
Statutes, as applicable,and follow applicable District procedures for compliance with such laws, if
applicable.
12. CLEARWATER AQUATIC CENTER agrees to comply with all applicable Florida Statutes and
applicable rules of the BOARD and State Board of Education and federal legislation including but not limited
to the Civil Rights Act of 1964 as amended; Section 504 of the Rehabilitation Act of 1973 as amended;Title
IX of the Education Amendment Act of 1974; and the Individuals with Disabilities Education Act.
13. In the event that the instructional staff and CLEARWATER AQUATIC CENTER personnel are
unable to agree upon a function not specified in this agreement,the coordinator of services at CLEARWATER
AQUATIC CENTER and the BOARD'S administrator of dropout prevention services will attempt to resolve any
differences which may arise under this agreement. In the event such differences cannot be resolved
between the personnel described herein, any such disagreement shall be submitted to the associate
superintendent of curriculum and instruction and the CLEARWATER AQUATIC CENTER administration for
resolution.
14. Neither party shall assign this agreement; however, it may be modified in writing by the parties
by mutual agreement.
15.This agreement shall be effective upon execution,and shall terminate 6/30/2015. Either party
may terminate this agreement without cause upon thirty(30) days written notice to other party.
16.The BOARD and CLEARWATER AQUATIC CENTER agree to be fully responsible for their own acts
of negligence, or their respective agents' acts of negligence when acting within the scope of their
employment, and agree to be liable for any damages proximately caused thereby; provided, however,the
BOARD and CLEARWATER AQUATIC CENTER agree that the BOARD'S liability is subject to the monetary
limitations and defenses imposed by Section 768.28, Florida Statutes. Nothing herein is intended to serve
as a waiver of sovereign immunity by the BOARD, nor shall anything herein be construed as consent by the
BOARD to be sued by any third party for any cause or matter arising out of or related to this Agreement.
2
.
I
r
AGREEMENT CITY OF CLEARWATER, FLORIDA-CLEARWATER AQUATIC CENTER
IN WITNESS WHEREOF,the parties hereto have executed this agreement the day and year first above
THE SCHOOL BOARD OF PINELLAS COUNTY, FLORIDA CITY OF CLEARWATER, FLORIDA
I l
BY: Q_,L„X-- . > / BY:
Chairper:oo 1 U 1 0 2012
ATTEST: / /�<(�Yl TITLE: CA rrl
Superintenden
Approved as to form: ATTEST: /�u �' �' ,11v���Ilr
Q
7j'. mvI ' TITLE:
�� , 45
II ®�:
Office of chool Board Attorney ,I�, A ;
3