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1995-12 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) Doc: 25452 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. Doc: 25452 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. Doc: 25452 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:~::~~ l '"O,-'-'1.",.......,'..!.'.....~ "':-,;"':l'i"'.';-..! f:o '1~;..7 !-..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