05-10-2016 Regular School Board Meeting
Agenda Item #39

Second Amendment to Agreement between the School Board of Brevard County (SBBC), Board of County Commissioners (BOCC), Eastern Florida State College (EFSC), and the City of Palm Bay (CPB) regarding the Palm Bay Aquatic’s Center

In 2002, the School Board entered an agreement with the BOCC, EFSC, and CPB to construct an aquatics center on the Palm Bay Campus of EFSC. This financial arrangement was of benefit to the Board as this agreement secured a competitive pool to allow schools in the south Brevard area to utilize for their swim and dive practices and competitive meets. That agreement required the BOCC to operate, maintain, schedule, and supervise the aquatics center and that all parties to the agreement would share in any capital improvement costs. At present the BOCC desires to perpetually assign the CPB to take over the maintenance, schedule, and supervision of the aquatics center and the CPB has agreed to do so on the condition that the BOCC continues to fund outstanding bonds used to fund the aquatics center construction and that they be removed from any right to access the aquatic center for their programs in the future. The BOCC accepted this offer, but all remaining parties must approve this change through an amendment. The Board will retain the same rights to access the aquatics center and be subject to the same requirement to fund capital improvements when called for until the 2022. This amendment includes additional language that in the event of an Internal Revenue Service audit finding that these bonds are not found to be tax-exempt that the Board, CPM, and EFSC would share the cost for any fee, cost, or expense that may arise.

Approve the amended agreement with the School Board of Brevard County, Eastern Florida State College, and the City of Palm Bay regarding the shared Palm Bay Aquatics Center.

Meeting Date(s)
Information - 5/10/2016
Consent after Information5/24/2016

Authority for Action
Board Policy 9500 – Relations with Educational Institutions and Organizations

Involves Expenditure of Funds Directly in the Classroom

Source of Funding

Cost Center

Mark Langdorf, Director, Office of Employee Benefits and Risk Management, ext. 620 Dr. Carol Kindt, Deputy Superintendent/Chief Human Resources Officer, ext. 200

Attachment:  2002-2022 Agreement between the SBBC BOCC and BCC for the Palm Bay Aquatic's Center.pdf
Attachment:  Second Amendment to Agreement between the SBBC EFSC CPB - Palm Bay Aquatic's center.pdf