AGREEMENT FOR USE OF CITY OWNED FACILITIES
AGREEMENT
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THIS AGREEMENT, made and entered into this 1'1 day of "b.t...~,
2006, 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";
WITNESSETH:
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
recreation, public meetings, and other city-related programs; and
WHEREAS, the City and Board are each willing 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 each
other's respective facilities as provided for herein, and under the following terms and conditions:
1. Term. The term of this Agreement will be for a period of five (5) years
commencing January 1, 2007, and ending December 31, 2011. This Agreement may be extended
for one or more additional five-year periods under the same terms and conditions set forth herein,
with written agreement and approval by the Board and City.
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2. Scheduline: Uses. Short-term uses of facilities may be scheduled by either party,
with the joint approval of the Superintendent and the City Manager, or their respective designees,
by using a Facility Use Authorization Form, a sample of which is attached as Exhibit "A". The
Facility Use Authorization Form will be prepared by the Board's Real Property Management
Department for all uses of Board facilities and by Parks and Recreation Department for all uses
of City facilities. The Facility Use Authorization Form will specify the location and conditions
of use; such as dates, times, contact names and costs, if any. Outdoor Board or City facilities
may be used without cost except for direct costs resulting from such use, such as utility and
personnel costs. Interior (Indoor) short-term uses of Board or City facilities are permitted
without cost only if appropriate staff is already scheduled to be on duty. Interior (Indoor) long-
term uses of Board or City facilities may require payment of direct costs resulting from such use
such as utility and personnel costs. Upon proper execution of the Facility Use Authorization
Form by the Superintendent and City Manager or their respective designees, said form shall be
considered incorporated herein, and thereby subject to all terms and conditions herein.
3. Use of Facilities Owned by Board. The Board agrees to make its Facilities
available when the use thereof does not interfere or conflict with any Board programs. Use of
said Facilities will 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. Board Facilities used by the City as polling places will
be opened at 6:00 a.m. The City will contact the Board's Schools Police Department to
determine if the Board Facility is suitable and available prior to informing the public that the
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Board Facility will be used as a polling place. The City will abide by all Federal, State and local
codes and laws governing this site and the use there of.
4. Use of Facilities Owned bv City When Normallv Open. The City agrees to
make its Facilities available when the use thereof does not interfere or conflict with any City
programs or the use thereof by Parties with which the City has an agreement for such use. Use of
said Facilities will conform with the hours the Facilities are normally open to the public, as more
specifically set out in Section 22.24, Clearwater Code of Ordinances, as amended from time to
time.
5. Use of Facilities When Normallv not Open. If one party desires to use the other
party's Facilities at a time other than when normally open (e.g., outside normal hours, vacations,
holidays, staff-development or in-service days, and times when the facility owner normally has
no staff on duty), the party requesting such use will be required to pay the direct costs incurred
for said use; (e.g., utility, facility, personnel, and supply costs) at the prescribed rates ofthe
Facility owner. The Board and the City will not charge each other when said direct costs are less
than fifty ($50) Dollars.
6. Return Condition of Facilitv. The party using the Facility agrees to return the
Facility and surrounding area to a clean and sanitary condition after use by that party or any of its
agents or invitees.
7. Supervision of Proeram. Each party will provide its own personnel for the
supervision of the programs it conducts.
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8. Restriction of Use. Use of the Facility by private parties or organizations or by
business enterprises for profit is prohibited unless specifically approved by the Superintendent
and the City Manager, or their respective designees. The Board and the City further agree to
make no unlawful, improper or offensive use of the Facility and all rights of the using party
hereunder will be terminated by the Board or the City in the event that such use is made thereof.
All persons using Facilities owned by the Board will abide by all Board policies, including Board
policies which state that the consumption of tobacco products or alcoholic beverages on Board
property, including any outside areas, is prohibited. All persons using Facilities owned by the
City will abide by applicable law and all City policies.
9. Assi2llment.. Insoection. and Termination. The Board and City will not assign
this agreement nor sublet the premises or any part thereof without the prior written consent of the
other party. The Board and City agree that each party and its officers, agents, and servants will
have the right to enter and inspect the leased premises and the operation being conducted thereon
at reasonable times.
This agreement will remain in effect unless terminated by either party as follows:
(a) Upon breach of this agreement by a party, the other party will give written notice of
termination of this agreement specifying the claimed breach and the action required to cure the
breach. If the breaching party fails to cure the breach within five days from receipt of said
notice, then the contract will terminate ten days from receipt of the written notice;
(b) Either party may terminate this agreement without cause by giving written notice to
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the other party that the agreement will terminate thirty days from the receipt of said notice by the
other party.
10. Unforeseen Questions. The Board and City agree that in the event of unforeseen
questions arising out of the use of the said facilities or this license, questions will be settled in
writing between the Superintendent and the City Manager or their specific designee, however,
neither Party waives any right to claims or remedies as provided by law.
11. Headin2s. The headings of this Agreement are for convenience and reference
only and in no way define, limit, or describe the scope or intent of this Agreement or any part
hereof, or in any way affect the same, or construe any provision hereof.
12. Hold Harmless. The Board and City 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 resulting from said negligence to the
extent permitted by Section 768.28, Florida Statutes. Nothing herein is intended to serve as a
waiver of sovereign immunity by either the Board or City. Nothing herein shall be construed as
consent by the Board or City to be sued by third parties in any manner arising out of this
agreement.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and
year first written.
Countersigned:
4A~~ / ~
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CITY OF CLEARWATER, FLORIDA
BY~.~-:u.
City Manager
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Assistant City r
Attest: ~J$""1
Secretary
Approved as to Form
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. Sc 001 Board Attorney
agreemntICtyClear.2006 Draft
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Exhibit" A"
FACILITY USE AUTHORIZATION FORM
Date:
To:
Subject:
October 31, 2006
Agency
Additional Use Request under the Agreement Between the School Board
of Pinellas County and Agency, effective date
Requestor:
Description of Use:
Facility(ies) :
SAMPLE - Note: This form will be completed by the Real Property
Management Department and submitted for signatures.
Dates & Times:
Supervision By:
Coordinator (& Phone #) for School Board:
Coordinator (& Phone #) for Agency:
The following estimated costs will be incurred as a result of the said use:
Wages:
Direct Costs
Other (List)
$
$ 000.00
$
$
Total
$ 000.00
The facility owner/representative Pinellas County School Board will invoice Agency for the above-
described costs, which may vary if the actual use of facilities differs from that shown above. This form,
when executed by the authorized representative for the School Board and the authorized agency
representative, will be authorization to use the above described facility on the dates and times set forth
herein. This additional use is granted under the terms and conditions of the above said agreement.
Additional conditions, if any:
Agency
School Board of Pinellas County, Florida
Date
Date
Authorized Representative
for Agency
Authorized Representative
for School Board
11111 S. Belcher Rd., Largo, Fl 33773
With copies to: Clayton M. Wilcox, Ed. D., Superintendent of Schools
Kevin Smith, Director, Accounting
Patricia Riggs, Director, Auditing
Stephen Fairchild, Real Property/Facilities Specialist
Area Superintendent
School Representative
Agency Representative
RPC #
J uauthorizationform-SA MPLE
FACILITY USE AUTHORIZATION FORM
Date:
To:
Subject:
October 31, 2006
Pinellas County School Board
Additional Use Request under the Agreement Between the School Board
of Pin ell as County and City of Clearwater, effective date
Requestor:
Description of Use:
Facility(ies): SAMPLE - Note: This form will be completed by the Recreation Division, City of
Clearwater and submitted for signatures.
Dates & Times:
Supervision By:
Coordinator (& Phone #) for City of Clearwater:
Coordinator (& Phone #) for Pinellas County School Board:
The following estimated costs will be incurred as a result of the said use:
Wages:
Direct Costs
Other (List)
$
$ 000.00
$
$
Total
$ 000.00
The facility owner/representative City of Clearwater will invoice Pinellas County School Board for the above-
described costs, which may vary if the actual use of facilities differs from that shown above. This form, when
executed by the authorized representative for the City of Clearwater and Pinellas County School Board
representative, will be authorization to use the above described facility on the dates and times set forth herein. This
additional use is granted under the terms and conditions of the above said agreement.
Additional conditions, if any:
City of Clearwater
School Board of Pinellas County, Florida
Authorized Representative
for City of Clearwater
Date
Authorized Representative Date
for School Board
11111 S. Belcher Rd., Largo, Fl 33773
With copies to: Stephen Fairchild, Real Property/Facilities Specialist
School Representative
City Representative
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