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Home My WebLink About2022-095AGREEMENT FOR USE OF FACILITIES THIS AGREEMENT FOR USE OF FACILITIES ("Agreement") is made and entered into this l5+- day of e b(V6 , 2022, by and between the INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS ("County"), and the SCHOOL BOARD OF INDIAN RIVER COUNTY ("School Board"). WITNESSETH: WHEREAS, County, on behalf of the Indian River County Parks and Recreation Department (the "Recreation Department"), and School Board desire to enter into this Agreement for School Board's use of certain County facilities and County's use of certain School Board facilities; and WHEREAS, County and School Board find that such an arrangement as set out herein is mutually beneficial. NOW, THEREFORE, in consideration of the mutual covenants and provisions hereof, and other good and valuable consideration, the receipt and sufficiency all of which are hereby acknowledged, the parties desire to be legally bound by the terms and conditions of this Agreement as follows: 1. Recitals. The foregoing recitals are hereby incorporated herein in their entirety by this reference. 2. Use of County Facilities. County shall allow the School Board to use the following: 2.1. The competition pool at North County Aquatic Center located at 9450 County Road 512, Sebastian, Florida 32958, for use for swimming practices and swimming meets. 2.2. The baseball fields and softball fields at Commissioner Fran B. Adams Park (formerly North County Park) located at 9450 County Road 512, Sebastian, Florida 32958, for use for baseball and softball practices and games. 2.3. The competition pool, baseball fields, and softball fields shall collectively be referred to herein as the "County Facilities." 2.4. County and School Board acknowledge that School Board will have priority use of the County Facilities during the school year. County and School Board also acknowledge that any requests made by School Board for use of the County Facilities submitted during the school year will be scheduled by County on an as -available basis. Pagel of 7 3. Use of School Board Facilities. School Board shall allow the County to use the following: 3.1. Gymnasium facilities at Sebastian High School located at 9001 Shark Boulevard, Sebastian, Florida 32958 for use for recreation programs. 3.2. Gymnasium facilities at Sebastian River Middle School located at 9400 CR 512, Sebastian, Florida 32958 for use for recreational programs. 3.3. Gymnasium facilities at Oslo Middle School located at 480 20th Ave SW, Vero Beach, Florida 32962 for use for recreational programs. 3.4. The gymnasiums shall collectively be referred to herein as the "School Board Facilities." 3.5. County and School Board acknowledge that County will have priority use of the County Facilities during the County recreational program seasons. County and School Board also acknowledge that any requests made by County for use of the School Board Facilities submitted during the recreational program season will be scheduled by School Board on an as -available basis. 4. Cost of Rental. If and as availability allows, School Board will be permitted the use of the County Facilities and the County will be permitted the use of the School Board Facilities listed above during the school year and recreational program season, respectively, at no rental charge. School Board shall pay County a $20 per hour lighting fee for evening use of County Facilities, School Board will be notified in advance when a lighting fee will apply. Authorization of use, when lighting fee will apply, must receive prior approval from the Assistant Superintendent of Student Affairs, Advocacy and Access. Use of other County Facilities such as the Indian River County Intergenerational Recreation Center and the Indian River County Fairgrounds, and other School Board Facilities, will be subject to normal rental rates and reservation rules. 5. School Board Responsibilities. 5.1. School Board shall repair any damage to County Facilities and any County equipment used by School Board, other than normal wear and tear, that is incurred as a result of such use. 5.2. School Board shall provide any and all additional services and equipment necessary for its use of the County Facilities. 5.3. School Board shall be responsible for providing qualified supervision of all activities by persons acting in capacity as School Board employees. 5.4. School Board shall, at its own expense, obtain all necessary permits and licenses and pay all fees and taxes required to comply with all local ordinances and state and federal law, rules, and regulations applicable to its use of the County Facilities. Page 2 of 7 6. County Responsibilities. 6.1. County shall repair any damage to School Board Facilities and any School Board equipment used by County, other than normal wear and tear, that is incurred as a result of such use. 6.2. County shall provide any and all additional services and equipment necessary for its use of the School Board Facilities. 6.3. County shall be responsible for providing qualified supervision of all activities by persons acting in capacity as County Parks and Recreation employees. 6.4. County shall, at its own expense, obtain all necessary permits and licenses and pay all fees and taxes required to comply with all local ordinances and state and federal law, rules, and regulations applicable to its use of the School Board Facilities. 7. Term. This Agreement shall be effective �fDY Cv , 2022 and shall continue for a period of three (3) years, through 3 , 2025. This Agreement may be extended by mutual agreement of the parties. 8. Termination. School Board and County reserve the right to terminate this Agreement at any time and for any reason, upon 90 days' prior written notice to the other party. 9. Insurance. 9.1. Commercial Insurance Program The School Board shall provide, prior to execution of the contract, the insurance required under this section for approval by the County. The School Board shall maintain the following limits of insurance during the term duration of this agreement. General Liability Each Occurrence $1,000,000 Property Damage -any one fire $50,000 Medical Expenses -any one person $5,000 Personal and Advertising Injury $500,000 General Aggregate $2,000,000 Sexual Abuse/Molestation $1,000,000 each occurrence Automobile Liability Combined Single Limit $1,000,000 Property insurance for the replacement value of property, buildings and contents owned by the School Board. Worker's Compensation as required by the State of Florida Each accident $100,000 Page 3 of 7 Each Disease — Each employee $100,000 Each disease — policy limit $500,000 The Worker's Compensation policy shall cover The School Board, all employees, volunteers, and/or contractual persons hired or retained by The School Board. All insurance policies shall be placed with insurers with a Best's rating of no less than A -VII. The insurer chosen shall also be licensed to do business in Florida. The insurance policies procured shall be "Claims Made" policies or as generally available on the open insurance market. The Insurance Carriers shall supply Certificates of Insurance evidencing such coverage to the Indian River County Risk Management Department prior to the execution of this Agreement, and shall provide 30 days written notice to the Indian River County Department of Risk Management of its intent to cancel, terminate or revise coverage. 9.2. Self -Insured Program The School Board may satisfy the insurance obligations hereunder by a combination of commercial insurance, formal risk pooling under the statutory provisions of the State, and/or a self-funded loss reserve in whatever proportions are deemed appropriate by the School Board. The School Board shall furnish the County with a certificate or other written evidence of the School Board's election to provide or cause to be provided all or part of its coverage under a risk pooling, risk retention, or self- insurance program or any combination thereof. The School Board must also provide the County with evidence that The School Board's self-insured program has been approved by the State of Florida in accordance with Section 324.171, Fla. Stat. 9.3 The County shall provide, prior to execution of the contract, the insurance required under this section for approval by the School Board. The County's insurance shall be primary. The County shall maintain the following limits of insurance during the term duration of this agreement. General Liability Each Occurrence $1,000,000 Property Damage -any one fire $50,000 Medical Expenses -any one person $5,000 Personal and Advertising Injury $500,000 General Aggregate $2,000,000 Sexual Abuse/Molestation $1,000,000 each occurrence Automobile Liability Combined Single Limit $1,000,000 Property insurance for the replacement value of property, buildings and contents owned by The County. Page 4 of 7 Worker's Compensation as required by the State of Florida Each accident $100,000 Each Disease — Each employee $100,000 Each disease — policy limit $500,000 The Worker's Compensation policy shall cover The School Board, all employees, volunteers, and/or contractual persons hired or retained by The School Board. All insurance policies shall be placed with insurers with a Best's rating of no less than A -VII. The insurer chosen shall also be licensed to do business in Florida. The insurance policies procured shall be "Claims Made" policies or as generally available on the open insurance market. The Insurance Carriers shall supply Certificates of Insurance evidencing such coverage to the Indian River County Risk Management Department prior to the execution of this Agreement, and shall provide 30 days written notice to the Indian River County Department of Risk Management of its intent to cancel, terminate or revise coverage. 9.4 Self -Insured Program The County may satisfy the insurance obligations hereunder by a combination of commercial insurance, formal risk pooling under the statutory provisions of the State, and/or a self-funded loss reserve in whatever proportions are deemed appropriate by the County. The County shall furnish the School Board with a certificate or other written evidence of the County's election to provide or cause to be provided all or part of its coverage under a risk pooling, risk retention, or self-insurance program or any combination thereof. The County must also provide the School Board with evidence that The County's self-insured program has been approved by the State of Florida in accordance with Section 324.171, Fla. Stat. 10. Primary Points of Contact, Conflict Resolution. The primary point of contact for communications shall be for County, the Indian River County Director of the Parks and Recreation Department, or designee, and for School Board, the Assistant Superintendent of Student Affairs, Advocacy, & Access or designee. The primary points of contact will be responsible for providing the other party's primary point of contact with the schedules of the use of the other party's facilities provided in section 2 and 3 above, 90 days prior to the beginning of any recreational program season or school year. The primary points of contact shall also meet, at a minimum of once per quarter, to coordinate on schedules. The parties agree that before resorting to any dispute resolution or legal action, the primary points of contact will make best efforts to resolve any issues or disputes. 11. Force Maieure/Emergency. Any non-performance of the terms or conditions of this Agreement caused by or resulting from an event of Force Majeure (as defined below) shall not constitute a violation or event of default under this Agreement. For the purposes of this Agreement, the term "Force Majeure" shall mean acts of God, strikes, lockouts or other industrial disturbances, acts of the public enemy, wars, blockades, explosions, insurrections, riots, epidemics, Page 5 of 7 landslides, lightening, earthquakes, fires, hurricanes, tropical storms, floods, tornadoes, restraints of governments, civil disturbances, unavoidable breakage of machinery or equipment, enactment of applicable laws prohibiting performance, and other such causes not within the reasonable control of the party claiming the occurrence of an event of Force Majeure. 12. Cancellation of Use of Facilities. In the event, either party wishes to cancel the use of a facility, the party must provide 72 hours' notice by telephone to the other party's primary point of contact. 13. Indemnification. Each party shall indemnify and hold harmless the other party, its agents, officials, and employees from and against all claims, liabilities, losses, damages, personal injuries, or other causes of action which may arise from any misconduct, negligent act, or omissions of such indemnifying party or any of its respective agents, officers, or employees in connection with the performance of this Agreement. Such indemnification and hold harmless shall be only to the extent allowed by and within the limits of liability provided by section 768.28, Florida Statutes, and shall not otherwise be deemed a waiver of sovereign immunity of either party. 14. Assignment. This Agreement shall not be assigned by any party without the prior written consent of all of the parties hereto. 15. Modification. Modifications of this Agreement shall only be made in writing signed by both parties. 16. Severability. If any provision of this Agreement or its application is held invalid by a court of competent jurisdiction, the remainder of the Agreement shall not be affected. 17. Notices. Any notice, request, instruction, or other document to be given as part of this Agreement, with the exception of cancellation notice as provided in Section 12 of this Agreement, shall be in writing and shall be deemed given under the following circumstances: when delivered in person; or three (3) business days after being deposited in the United States Mail, postage prepaid, certified or registered; or the next business day after being deposited with a recognized overnight mail or courier delivery service; or when transmitted by facsimile or telecopy transmission, with receipt acknowledged upon transmission; and addressed as follows (or to such other person or at such other address, of which any party hereto shall have given written notice as provided herein): For County: For School Board: County Administrator Superintendent 1801 27t" Street 6500 57`x' Street Vero Beach, Florida 32960 Vero Beach, Florida 32967 18. Governin1l Law. This Agreement shall be governed, interpreted and enforced in accordance with the laws of the State of Florida. Page 6 of 7 IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year written above. SCHOOL BOARD OF INDIAN RIVER COUNTY Scott Bass, Deputy Superintendent Date: Attest: David K. Moo re, Ed.D, Superintendent Date: " 1 (,-) INDIAN RIVER COUNTY BOARD�'c°h'.M�sso. COUNTY COMMISSIONERS LE Peter D. O'Bryan, Date approved: May 17, 2022 Attest: Jeffrey R. Smith, Clerk of Court and Comptroller % _ .i ....L _1Deputy Clerk U Approved: Jason E Br wn, County Administrator Approved as to form and legal sufficiency Page 7 of 7 an Reingold, County Attorney