JOINT USE AGREEMENTJOINT USE AGREEMENT
THIS AGREEMENT, made and entered into this 2 2 "day of Decent 19e''
2016, 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, 2017, and ending December31, 2021. 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.
2. Scheduling 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 Estate
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 and provided that utilities are not
required beyond scheduled run times. 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. There may an occasional use of facilities at times
outside these hours if the use is approved by school staff prior to the event.
4. Use of Facilities Owned by City When Normally 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 Normally 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 of the Facility owner. The Board and the City will not charge each other when said direct
costs are Tess than fifty ($50) Dollars.
6. Return Condition of Facility. 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 Program. Each party will provide its own personnel for the
supervision of the programs it conducts.
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, electronic cigarettes 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. Assignment, Inspection, 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;
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(b) Either party may terminate this agreement without cause by giving written notice to
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. Headings. 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.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year
first above written.
ATTEST:
Approved as to orm and content:
uAki
Ci ' 1, ttorney $) esignee)
Matthew Smith
ATTEST:
Superintendent
Approved as to form and content:
zfi�ir
School Board A 4'rney
CITY OF CLEARWATER,
FLORIDA
By: --Ct rt.t C k,
Mayor
THE SCHOOL BOARD OF PINELLAS
COUNTY, FLORIDA
By: 1_ * COL°�
Chairperson
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DEC 6 2016
Exhibit "A"
FA CILITY USE A UTHORIZ,4 TION FORM
Date: January 1,2017
To: Agency
Subject: facility Use Request under the Agreement Between the School Board
of Pine]las County and Agency effective x/x/xx(5 yrs)
Requestor:
Description of Use:
Facility(ies)- SAMPLE—Note: This form will be completed by Real Estate Department and
&Times: submitted for signatures.
Dates
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 $000.00
Other(List) $
Total $000.00
The facility owner/representative will invoice for the above-described costs,which may vary if the
actual use of facilities differs from that shown above,—Ti FIS-fonn,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
Authorized Representativ—e "—
for Agency Date Authorized Representative Date
for School Board
11 S.Belcher Rd.,Largo,FI 33773
With copies to: Superintendent of Schools
Director,Accounting
Director,Auditing
Region(1-t3)Superintendent
School Representative
School Bookkeeper
Agency Representative
RPC
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