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Home My WebLink About2026-063A TRUE COPY ' CERTIFICATION ON LAST PAGE RYAN L. BUTLER, CLERK AGREEMENT FOR USE OF FACILITIES THIS AGREEMENT FOR USE OF FACILITIES ("Agreement") is made and entered into this _ day of , 2026, by and between the INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS ("County") and the SCHOOL BOARD OF INDIAN RIVER COUNTY ("School Board"). WITNESSETH: WHEREAS, the County, on behalf of the Indian River County Parks and Recreation Department (the "Recreation Department"), and the School Board desire to enter into this Agreement for the School Board's use of certain County facilities and the County's use of certain School Board facilities; and WHEREAS, the County and the School Board find that such an arrangement is mutually beneficial; NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. Recitals. The foregoing recitals are hereby incorporated into this Agreement in their entirety. 2. Use of County Facilities. The County shall permit the School Board to use County -owned parks, facilities, buildings, and athletic amenities (collectively, the "County Facilities") for athletic, and emergency management purposes, including but not limited to serving as student/parent reunification sites, swimming practices and meets, and athletic practices and games. This authorization is intended to encompass all existing and future County parks and facilities as identified by the County, without the need to individually enumerate each location. The School Board shall have priority use of such County Facilities during the school year, and all use shall be coordinated and scheduled by the County on an as -available basis and in accordance with applicable County policies and procedures. 3. Use of School Board Facilities. The School Board shall permit the County to use School Board -owned facilities, buildings, and athletic amenities (collectively, the "School Board Facilities") for athletic programming purposes. This authorization is intended to encompass all existing and future School Board facilities, including gymnasiums and related support spaces, without the need to individually enumerate each location. The County shall have priority use of such School Board Facilities during County recreational program seasons, and all use shall be coordinated and scheduled by A TRUE COPY CERTIFICATION ON LAST PAGE ±., RYAN L. BUTLER, CLERK the School Board on an as -available basis and in accordance with applicable School Board policies and procedures. 4. Cost of Rental. School Board may use the County Facilities and County may use the School Board Facilities at no rental charge during the school year and program season, respectively, as availability allows. School Board shall pay the County a $25 per hour lighting fee for evening use of County Facilities. School Board shall receive prior notification when the lighting fee will apply, and authorization must be approved by the Assistant Superintendent of School Leadership & Management. Use of other County facilities outside of athletic programs or reunification procedures shall be subject to a Recreation Partner fee of 25% off the non-profit rental rates and adhere to normal reservation procedures. 5. School Board Responsibilities. 5.1. Repair any damage to County Facilities or equipment caused by School Board use. excluding normal wear and tear. 5.2. Provide all additional services and equipment necessary for its use of the County Facilities. 5.3. Provide qualified supervision of all activities conducted by School Board employees. 5.4. Obtain, at its sole expense, all necessary permits, licenses, fees, and taxes required by local, state, or federal law. 5.5. Disburse the Fall & Spring Program Guides to students at the elementary and middle levels in a timely manner. 6. County Responsibilities 6.1. Repair any damage to School Board Facilities or equipment caused by County use, excluding normal wear and tear. 6.2. Provide all additional services and equipment necessary for its use of the School Board Facilities. 6.3. Provide qualified supervision of all activities conducted by County Parks and Recreation employees. 6.4. Obtain, at its sole expense, all necessary permits, licenses, fees, and taxes required by local, state, or federal law. 2 A TRUE COPY CERTIFICATION ON LAST PAGE RYAN L. BUTLER, CLERK 7. Term. This Agreement shall become effective on , 2026 ("Effective Date"), and shall remain in effect for a period of one (1) year, expiring on , 2027. The Agreement may be renewed for up to two (2) additional one (1) year terms upon written approval by the County Administrator. 8. Termination. Either party may terminate this Agreement, for any reason, upon 90 days' prior written notice 9.1nsurance. 9.1. School Board — Commercial Insurance Program School Board shall provide and maintain the following insurance coverage (full limits preserved from your text): • General Liability: o Each Occurrence: $1,000,000 o Property Damage (any one fire): $50,000 o Medical Expenses (any one person): $5,000 o Personal/Advertising Injury: $500,000 o General Aggregate: $2,000,000 o Sexual Abuse/Molestation: $1,000,000 each occurrence • Automobile Liability: $1,000,000 Combined Single Limit Property Insurance: Replacement value coverage for School Board property, buildings, and contents • Workers' Compensation: o Each Accident: $100,000 o Disease —Each Employee: $100,000 • Disease — Policy Limit: $500,000 Policies must meet Best's A -VII rating, be licensed in Florida, provide certificates of insurance, and provide 30 -day cancellation notice. 9.2. School Board — Self -Insured Program School Board may satisfy coverage through commercial insurance, statutory risk pooling, self- funded reserve, or any combination thereof, with written evidence provided to the County. 9.3. County — Commercial Insurance Program County shall maintain the same coverage limits listed above for the School Board, with County's insurance designated as primary. 9.4. County — Self -Insured Program 3 +t TRUE COPY j-, "ricAT1ON ON LAST PAGE R. TLER, CLERK County may satisfy insurance obligations through commercial insurance, risk pooling, or self- insurance, with written evidence provided to the School Board. 10. Primary Points of Contact; Conflict Resolution. Primary points of contact shall be: • County: Director of the Indian River County Parks and Recreation Department (or designee) • School Board: Assistant Superintendent of Student Affairs, Advocacy, & Access (or designee) Contacts shall exchange schedule information at least 90 days prior to each program season or school year and meet quarterly. Parties agree to resolve issues collaboratively before pursuing dispute resolution or legal action. 11. Force Majeure / Emergency. Non-performance caused by an event of Force Majeure— including acts of God, war, riots, epidemics, natural disasters, mechanical failures, or government restrictions—shall not constitute a breach. 12. Cancellation of Use. Either party may cancel its scheduled use of a facility with 72 hours' notice by telephone to the other party's primary point of contact. 13. Indemnification. Each party shall indemnify and hold the other harmless to the extent permitted by Section 768.28, Florida Statutes, for claims arising from its negligent acts or omissions. Nothing herein shall be deemed a waiver of sovereign immunity. 14. Assignment. This Agreement may not be assigned without the prior written consent of both parties. 15. Modification. Any modification to this Agreement must be in writing and signed by both parties. 16. Severability. If any provision of this Agreement is deemed invalid, the remainder shall not be affected. 17. Notices. Notices must be in writing (except cancellation under Section 12) and shall be deemed given when: • delivered in person; • mailed via certified or registered U.S. Mail (3 business days); • sent via recognized overnight courier (next business day); or • transmitted via fax with acknowledgment. Notices shall be sent to: For County: County Administrator 4 1801 27th Street Vero Beach, FL 32960 For School Board: Superintendent 6500 57th Street Vero Beach, FL 32967 STATE OF FLORIDA INDIAN RIVER COUNTY THIS IS TO CERTIFY THAT THIS ISA TRUE AND CORRECT COPY OF THE ORIGINAL ON Fim MI THIS OFFICE. /RYAN L. B I ERK SY ��71111/17 c. 18. Governing Law. This Agreement shall be governed, interpreted, and enforced according to the laws of the State of Florida. IN WITNESS WHEREOF, the parties have executed this Agreement on the date first written above. SCHOOL BOARD OF INDIAN RIVER COUNTY- By: OUNTY By: David K. Moore, Ed.D.. Superintendent ATTEST: By: � Ryan L. Butler, Clerk of Court and Comptroller Approved as to form and legal sufficiency: Hicks, Asst. County Attorney BOARD OF COUNTY CO RS OF INDIAN RIVER COUN;' By: Deryl Loar, Chaim*, -..A `•.'_QTc,; ........... Approved by BCC: April 7 , 2026. 5