HomeMy WebLinkAbout1995-12 Parkland-Coral Springs Summer Rec Program-Riverglades Agreement
RESOLUTION NO. 95 - 12
A RESOLUTIOR OF THE CITY CONMISSIOR OF THE CITY OF
PAULAIID, FLORIDA AU'l'HORIZIRG BftDING IftO AR
AGREJ5IIU5ft'1' WITH THE CITY OF CORAL SPRINGS 'to PROVIDE
A SUMHER RECREATION PROGlWf WITHIN THE CITY OF
PARJCLAN]) AT RIVERGLADES ELEMEIftARY SCHOOL
-. .-'. '-"-
WHEREAS, the Ci ty c~ission of the Ci ty of Parkland
finds and detenaines that it is in the best interest of the
citizens to enter into the attached Agr..-ent between the City of
Parkland and the City of Coral Springs for the purpose of providing
a sumaer recreation prograa to be held at Riverglades EI..-ntary
School in the City of Parkland, and
ROW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF PARKLARD, FLORIDA, that:
Section 1.
The appropriate City Officials are hereby
authorized to execute the attached Agreement between the City of
Parkland and City of Coral Springs.
Section 2.
nat this Resolution shall be in full
force and effect t.mediately upon its passage and adoption.
PASSED ARD ADOPTED TIllS 15 DAY OF FEBRUARY,
1995.
AGREEMENT BETWEEN THE CITY OF CORAL SPRINGS AND
CITY OF PARKLAND FOR SUMMER RECREATION PROGRAM AT RIVERGLADES ELEMENTARY
THIS AGREEMENT, made and entered into this
____, 19~ by and between:
CITY OF CORAL SPRINGS, FLORIDA
a municipal corporation
9551 West sample Road
Coral Springs, Florida 33065
(hereinafter referred to as "CITY")
1 C; day of
FRRRnARV
AND
CITY OF PARKLAND, FLORIDA
a municipal corporation"
6500 Parks ide Drive
Parkland, Florida 33067
(hereinafter referred to as "PARKLAND")
WITNESSETH
WHEREAS, PARKLAND, is desirous of the City of Coral Springs being the agency
responsible for a summer recreation camp within the City of Parkland; and
WHEREAS, PARKLAND has agreed to enter into a lease with the Broward County
School Board for the use of Riverglades Elementary School as a site for a summer
recreation camp; and
WHEREAS, the staff of the City of Parkland and the City of Coral Springs
have cQnceptually agreed upon a summer recreation camp to be held in the City of
Parkland at the expense of the City of Parkland; and
WHEREAS, City of Coral springs staff has qualifications, experience and
capability to perform fully the requirements for such a summer recreation
program, and the City of Parkland has determined that the City of Coral Springs
has the necessary staff with expertise, skills and capabilities to provide the
required services; and
WHEREAS, CITY and PARKLAND wish to enter into this Agreement to outline the
parties' responsibilities for the summer recreation camp to be held at
Riverglades Elementary School in Parkland; now, therefore
IN CONSIDERATION of the mutual covenants and agreements as herein set forth,
the sufficiency of which consideration is hereby acknowledged, the parties agree
as follows:
Section 1. TERM ..
1.01 This Agreement shall become effective upon the approval of the City
Commission of the City of Coral Springs and terminate on August 31,
1995.
Section 2. SUMMER RECREATION PROGRAM
2.01 CITY agrees to conduct a six-week summer recreational program at
Riverglades Elementary School in the City of Parkland which will
include, but not be limited, to the following activities: sporting
~vents, arts and crafts, games, movies, and on-site entertainment.
This program shall operate on Monday through Friday, from June 26,
1995 through August 4, 1995, between the hours of 9:00 a.m. and 3:00
p.m. The program must have a minimum of seventy-five (75)
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Page 1 of 6
.'AUTHORIZED BY CITY COMMISSIO'l
hAA.u~'-d1 J9?&~"
2.02
Section 3.
3.01
3.02
3.03
3.04
3.05
3.06
Section 4.
4.01
.-.---"
Doc: 25452
participants and shall have a maximum of one hundred ten (110)
participants.
PARKLAND shall identify the City of coral springs Parks and
Recreation Department as the agency'responsible for the service at
the six-week summer recreational program and CITY shall be
designated as such in all promotion and advertising of the program.
DUTIES OF CITY OF CORAL SPRINGS
Organize and supervise the summer recreation program outlined in
Section 2.01 of this Agreement.
Select, hire and employ all instructors, assistants and staff
necessary to CITY's performance of duties and obligations under the
terms of this Agreement. Staff shall be provided at a staff ratio
of twelve (12) students"toc?p'~(l) sounselor, plus a Site Director
and Assistant Site Director.
Manage, control and supervise all instructors, assistants and staff
employed by CITY.
-,
Supervise and be responsible for the safety and conduct of all
participants at any event or activity conducted by CITY and its
agents, volunteers or employees engaged in the performance of CITY's
duties under this Agreement. All insurance for the participants at
the camp will be purchased through the National Recreation and Parks
Association.
Perform all tasks which are reasonably necessary to be done in order
to accomplish the work and objectives as otherwise provided for
under this Agreement.
Purchase the required equipment and supplies necessary for
administering the program for PARKLAND. Said equipment and
supplies, as designated in Exhibit "A", has been requested by
PARKLAND. This includes miscellaneous prizes, candy, on-site
entertainment and movies for the participants of the program. Any
enhancements to the program which require additional equipment and
supplies must first be approved by PARKLAND and said additional cost
must be paid byPARRLAND. All sporting equipment and games which
were purchased for PARKLAND for the summer recreation program shall
become the property of PARRLAND at the end of the program.
REGISTRATION
(a) Registration for the program in Parkland shall be the
responsi.bility of PARKLAND. Program registrati()ns shall take place
at locations designated by PARKLAND. The registration fee for the
recreation program shall be three hundred twenty five and 00/100
dollars ($325.00). Fees for these programs shall not be changed
without a wr~tten addendum to this Agreement; however, if any
changes are made to the registration fee the change must be approved
no later than thirty (30) calendar days prior to the initiation of
registration.
(b) PARKLAND acknowledges that the registration fee does not
include cost to participants for transportation and related services
~:,required for any field trips which are taken in connection with the
program. Participants will be required to pay cost for field trips
directly to CITY.
Page 2 of 6
4.02 PARKLAND acknowledges and agrees that if a minimum of seventy-five
(75) persons are not registered for the program by April 28, 1995,
the program in PARKLAND shall be automatically cancelled, unless
otherwise approved in writing by City Manager or his designee.
PARKLAND may continue registration until June 1, 1995, provided that
the required seventy-five registrants are received by April 28,
1995.
Section 5. RESPONSIBILITIES OF PARKLAND
5.01 (a) Enter into a lease agreement with the Broward County School
Board for the usage of the Riverglades Elementary School for the
express purpose of allowing the CITY to conduct a program at the
site on Monday through Friday, from June 26, 1995 through August 4,
1995, with the facility available to CITY between the hours of 8:00
a.m. and 4:00 p.m. This facility shall also be available for an
Open House on the Saturday before the program.col\U\\ences at a time
agreed to by the parties.
(b) An executed copy of the lease agreement between the City of
Parkland and the Broward County School Board shall be submitted to
CITY prior to any registration, promotions or advertisinq for the
Program in PARKLAND. If an executed copy of the lease agreement is
not submitted to CITY by February 26, 1995, the Agreement with CITY
shall be automatically cancelled.
5.02 Maintain records and accounts of all transactions that result from
doing business pursuant to this Agreement for a period of three (3)
years. Such records shall be kept so as to satisfy standard
bookkeeping requirements. Such records shall be made available to
CITY for inspection and review within ten (10) calendar days written
notice from CITY.
5.03 (a) Provide compensation to CITY for the provision of services.
The compensation for staff cost and expenses shall be sixteen
thousand five hundred seventy two and 00/100 dollars ($16,572.00).
The cost due for equipment, supplies and insurance shall be nine
thousand four hundred thirty-five and 00/100 dollars ($9,435.00).
In addition a twenty percent (20\) administrative is due CITY.
Total compensation due CITY is thirty-one thousand two hundred eight
and 40/100 dollars ($31,208.40), plus any additional cost for any
enhancements required by PARKLAND.
(b) No later than Kay 1, 1995, PARKLAND shall pay CITY nine
thousand four hundred thirty five and 00/100 dollars ($9,435.00) for
the cost due for equipment, supplies and insurance. PARKLAND shall
pay CITY fifty percent of the balance due on or before June 23,
1995. ~e remaining balance due shall be equally divided with the
third payment due CITY on or before July 23, 1995 and the final
payment due CITY on or before August 4, 1995.
Section 6.
ADVERTISING AND PROMOTION
6.01 PARKLAND shall advertise and promote the program at the Riverglades
Elementary School. PARKLAND acknowledges that it has the sole
responsibility for advertising the summer recreation program in PARKLAND;
however, this does not preclude the CITY from promoting the program.
P~D shall identify the City of Coral Springs Parks and Recreation
Department as the agency responsible for the service at the six-week
sununer recreational program in all promotion and advertising of, the
program.
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Page 3 of 6
Section 7.
7.01
7.02
7.04
Section 8.
8.01
Section 9.
9.01
Section 10.
INDEMNIFICATION
CITY agrees to relieve PARKLAND from any and all liability
whatsoever arising out of any injuries or accidents that occur as a
result of the negligence of the CITY in failing to supply proper
supervision of the Program at the Riverglades Elementary School
while said facility is utilized by CITY.
PARKLAND agrees to indemnify and hold harmless the CITY and .all of
its officers, elected or otherwise, and employees from any loss
damage or injury to persons or property arising from PARKLAND's use
of the property; and any claim submitted to the CITY as a result of
the PARKLAND's negligence or failure to comply with all the terms
and conditions of this Agreement. If a claim is arbitrated or
litigated and names the CITY as a party defendant, the CITY shall be
held harmless as t.o all costs and expenses associated with the
arbitration or litigation, including but not limited to, costs,
attorneys' fees, attorneys' fees on appeal, monies paid in
settlement of the arbitration or lawsuit; or monies paid to satisfy
any judgement obtained therein.
It is further agreed and understood between the parties hereto that
neither party to this agreement waives any of its immunity in these
premises as may be given to either party by law.
TERMINATION
Each party to this Agreement shall have the right to terminate this
Agreement, without cause, by furnishing seventy-five (75) calendar
days advance written notice to the other party; however, such notice
must be received no later than seventy-five (75) calendar days prior
to the start date of the program.
MODIFICATION AND WAIVER
This Agreement represents the entire and integrated agreement
between the parties and supersedes all prior negotiations,
representations or agreements, whether written or oral.
Modification to this Agreement can only be made in writing and by
execution of both parties. Reference to the Agreement shall be
deemed to include any duly executed modification or amendment. The
failure of a party to insist on strict performance of any of the
covenants of this Agreement shall not be construed as a waiver or
relinquishment for the future of any covenant, term, condition or
election but the same shall continue and remain in full force and
effect.
-'
ASSIGNMENT
10.01 This Agreement, or any interest herein, shall not be assigned,
transferred, or otherwise encumbered, under any circumstance without
prior written consent from both parties.
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Page 4 of 6
Section 11.
NOTICE
11.01 Notices required by this Agreement shall be deemed delivered upon
mailing by certified mail, return receipt requested, to the
following persons and addresses:
AS TO CITY:
Donald A~ Lewis, Recreation Business Manager
City of Coral springs
9551 West Sample Road
Coral Springs, Florida 33065
AS TO PARKLAND:
Harry Mertz, City Manager
City of Parkland
6500 Parks ide Drive
Parkland, Florida 33067
Section 12. GOVERNING LAW AND VENUE
12.01 This Agreement shall be governed by and construed in accordance with
the laws of the State of Florida with venue for any litigation
thereon to be found in the Seventeenth Judicial Circuit in and for
BrowardCounty, Florida.
Section 13. SEVERABILITY
13.01 If any part of this Agreement is found to be in conflict with
applicable laws, such part shall be null and void insofar as it is
found in conflict with the laws of the State of Florida, but the
remainder of the Agreement shall be and remain in full force and
effect.
Section 14. ENTIRE AGREEMENT
14.01 This Agreement contains the entire understanding of the parties
relating to the subject matter hereof superseding all prior
communications between the parties whether oral or written, and this
Agreement may not be altered, amended, modified or otherwise changed
nor may any of the terms hereof be waived, except by a written
instrument executed by both parties. The failure of a party to seek
redress for violation of or to insist on strict performance of any
of the covenants of this Agreement shall not be construed as a
waiver or relinquishment for the future of any covenant, term,
condition or election but the same shall continue and remain in full
force and effect.
Section 15. NON-DISCRIMINATION
15.01 No persons, on the grounds of race, color, national or~g~n or sex
shall be excluded form participation, be denied the benefits of, or
be otherwise subjected to discrimination in the use of said facility
and program.
Doc: 25452 Page 5 of 6
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day
and year first written above.
,~c-u
ATTORNEY
CITY OF CORAL SPRINGS, FLORIDA
BY'~ ~
OMMERER, MAYOR
APPROVED AS TO FORM:
State of Florida
County of Broward
The foregoing instrument was acknowledged before me, the unders).gned Notary
PUbl~' in smd for the State o~ Florida, on this, the ?--rll day of
~~ch , 19~ by Jonda K. Joseph and John Sommerer, city
Cler and Kayor, respectively. ~L' /'l. ~/~
~l~C' St~~lorida
G'/o..;n ./l &::t At> ",e-.l4
Printed, typed or stamped name of Notary
Public exactly as commissioned
Individuals who signed are personally
known: no identification produced; oath was
taken
NOTARY PUBLIC
SEAL OF OFFICE
o iAL NOTARY SEAL
GLORIA A KOSTRZECHA
NOT..\.~Y PUBLIC STATE OF nORmA
COMMISSION NO. CC328838
MY COMM!SSION EXP. !':OV, 8.1Q97
ATTEST:
CITY OF PARKLAND
By' s~~
SUSAN
STATE OF FLORIDA
)ss.
COUNTY OF BROWARD )
...
I HEREBY CERTIFY that, on the 16 day of FEBRUARY , 19 95
personally appeared before me, an officer duly authorized to administer oaths and
take acknowledgements, Sal pagliara, Mayor, and Susan Armstrong, City Clerk, both
of the City of Parkland, signing this Agreement by and through the Parkland City
Commission and authorized to execute the same by City Commission action on the
-1.5... day of FEBRUARY , 1995.
WITNESS my hand and official seal at BROWAJUD
County, Florida this .~~ '
/ NOTARY PUBLIC, State ~
HELEN M. LYNOTT tee 075539
,
19
95
My commission Expires:
Doc: 25452
NOTARY PUBLIC, STATE OF FLORIDA.'
MY COMMISSION EXPIRES: Feb. IS. 1995-
BONDt;D lURU NOTARY PUBLIC UNIlPWalTua-.
Page 6 of 6
EXHIBIT" A"
CITY OF PARKLAND
SUMMER RECREATION PROGRAM
RIVERGLADES ELEMENTARY
SUMMER 1995
9:00 A.M. - 3:00 P.M.
Staff cost and eXDe-ns~s
$16.572
Nine (9) counselors
One (1) Assistant Site Director
One (1) Site Director
Drug Testing for Summer Staff
H.R.S. Screening
Beepers
Eauioment. suoolies and insurance
Sporting equipment
Arts and Crafts
Games
Movies
On-site entertainment
Miscellaneous (prizes/candy)
Insurance for oarticioants
TOTAL
$2,500
4,000
1,000
900
600
200
235
$9,435
The above information is based upon a six-week program.
Doc. 25480
Page 1 of 1
ADDENDUM TO AGREEMENT BETWEEN THE CITY OF CORAL SPRINGS
AND THE CITY OF PARKLAND FOR SUMMER RECREATION AT
RIVERGLADES ELEMENTARY
THIS ADDENDUM to the original Agreement (hereinafter
referred to as "Agreement") between the City of Coral Springs and
the City of ~k~and, entered ~February 21, 1995, is entered
into on the nO' day of -7 ,1995, by and
between:
CITY OF CORAL SPRINGS, FLORIDA
.~.. muni9i,pal corporation
9551 West Sample Road
Coral Springs, Florida 33065
(hereinafter referred to as "CITY")
AND
CITY OF PARKLAND, FLORIDA
a municipal corporation
6500 Parkside Drive
Parkland, Florida 33067
(hereinafter referred to as "PARKLAND")
WHEREAS, on February 21, 1995, CITY and the City of Parkland
entered into an Agreement for summer recreation program at
Riverglades Elementary; and
WHEREAS, the agreement stipulates that the program shall
have a maximum number of one hundred ten (110) participants; and
WHEREAS, the City of Parkland held one registration on March
11, 1995, at which time the camp reached its maximum and desires
to increase enrollment by ten (10); and
WHEREAS, staff recommends that the City agree to increase
the enrollment to one hundred twenty (120) children for the
summer recreation program; and
WHEREAS, the City Commission of the City of Coral Springs
concurs with the staff recommendation and deems it in the best
interest of the CITY to amend the Agreement with the PARKLAND;
now, therefore,
The CITY and the PARKLAND agree to this Addendum to the
original Agreement.
Section 1.
This addendum shall be become effective on
May 8, 1995.
DOC: 27565
Page 1 of 4
-
section 2.
section 3.
Section 4.
Section 5.
Section 6.
DOC: 27565
Section 2.01 is hereby amended to read as
follows:
CITY agrees to conduct a six-week summer
recreational program at Riverglades
Elementary School in the City of Parkland
which will include, but not be limited, to
the following activities: sporting events,
arts and crafts, games, movies, and on-site
entertainment. This program shall operate on
Monday through Friday, from June 26, 1995
through August 4, 1995, between the hours of
9:00 a.m. and 3:00 p.m. The program must
have a minimum of seventy-five (75)
participants and shall have a maximum of one
hundred twenty (120) participants.
section 5.03(a) is amended to read as
follows:
Provide compensation to CITY for the
provision of services. The compensation for
staff cost and expenses shall be eighteen
thousand one hundred forty one and 00/100
dollars ($18,141). The cost due for
equipment, supplies and insurance shall be
nine thousand five hundred sixty-eight and
50/100 dollars ($9,568.50). In addition a
twenty percent (~O%) administrative is due
CITY. Total compensation due CITY is
thirty-three thousand two hundred fifty-one
and 40/100 dollars ($33,251.40), plus any
additional cost for any enhancements required
by PARKLAND.
ExhibitlA" of the original agreement is
amended as provided in Exhibit "A-1" attached
hereto and incorporated herein.
All other provisions in the Agreement shall
remain in full force and effect.
SEVERABILITY
Should any part, term or prov1s10n of this
Agreement, as amended, be by the courts
decided to be illegal or in conflict with any
law of the State, the validity of the
remaining portion or provisions shall not be
affected thereby.
Page 2 of 4
IN WITNESS WHEREOF, the CITY OF CORAL SPRINGS and the CITY
OF PARKLAND, have c.aused these presents to be executed in their
respective names, by the proper officials, the day and year first
above written.
CITY OF CORAL SPRINGS, a municipal
corporation, organized and existing
under the laws of the State of
:~~rida _ ~
~OMMERER' Mayor
Approved as to form:
By: 9~~"-o
RHODE P. GLASCO,
Ass~stant City Attorney
State of Florida
County of Broward
The foregoing instrument was acknowledged before me, the
undersigne~~~tary pUblic ~~and for the State of Florida, on
this, the ,,~rl day of VCI/IIe , 1995, by Jonda K.
Joseph and John Sommerer, City Clerk and Mayor, respectively.
~/J~
' otary ublic, st of Florida
NOTARY PUBLIC
SEAL OF OFFICE
CO' 'C1,~r;~-:~7j7';::';;" J.'~ '--- l
,'_.',_..t.L. .-. - -- ." ~_.-- I
GiJ)F:J.;\ A ::<'~~.S".:."'~t.,~~C;.;-:.A.
~JOrAftY PLHJLIC ~;T.,:\.:: !..!;; f:.:.J~:D_~i
~ CO~/ir~,nSS~(;.IA,; t--!{}. C'~'~i:~::~~
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!-..r1 t.~. ....d':,~;;.,)..;. ...~~ ' '. 4 ..~ . _ , ..,~. ". J. ~
. '.-"--'""--"
Individuals who signed are
personally known; no
identification produced;
oath was taken
DOC: 27565
Page 3 of 4
CITY
OF PARKLAND
sLI~~
ATTEST:
By:
~;;s~
STATE OF FLORIDA )
)ss.
COUN~Y OF BROWARD )
I HEREBY CERTIF'i that, on the 18th day of May
19 95personally appeared before me, an officer duly authorized
to administer oaths and take acknowledgements, Sal Pagliara,
Mayor, and Susan Armstrong, City Clerk, both of the City of "
Parkland, signing this Agreement by and through the Parkland city
commission and authorized to execute the same by City commission
action on the 17t~ay of May , 1995.
,
WITNESS my hand and
County, Florida
official seal at RROWARD
this 1 Rt:h day of M~y
~~;LJV)odt: -
NOTARY PUBLIC, ~{~~-Florida
HELEN M. LYNOTT
,
19 95
My commission Expires:
~ Hft.EN M'lYNO~
R' 4 ;-~ MY OOMMISSQ :!< C(; ~
W _m;:s=~:...
~-
DOC: 27565
Page 4 of 4
EXHIBIT "A-1"
CITY OF PARKLAND
SUMMER RECREATION PROGRAM
RIVERGLADES ELEMENTARY
SUMMER 1995
9:00 A.M. - 3:00 P.M.
- Staff co'st and exoenses
$18.141
Ten (10) counselors
One (1) Assistant Site Director
One (1) Site Director
Drug Testing for Summer Staff
H.R.S. Screening
Beepers
Eauioment. suoolies and insurance
Sporting equipment
Arts and Crafts
Games
Movies
On-site entertainment
Miscellaneous (prizes/candy)
Insurance for oarticioants
TOTAL
$2,500
4,000
1,000
900
670
240
258.50
$9,568.50
The above information is based upon a six-week program.
DOC: 27564
Page 1 of 1