R23-067 1 RESOLUTION NO. R23-067
2
3
4 A RESOLUTION OF THE CITY OF BOYNTON BEACH,
5 FLORIDA, APPROVING AND AUTHORIZING THE
6 MAYOR TO SIGN THE INTERLOCAL AGREEMENT
7 BETWEEN THE CITY OF BOYNTON BEACH AND THE
8 SCHOOL BOARD OF PALM BEACH COUNTY FOR THE
9 MUTUAL USE OF RECREATION FACILITIES; AND
10 PROVIDING AN EFFECTIVE DATE.
11
12 WHEREAS,the purpose of the agreement is to enable the School Board and the City to
13 utilize each other's recreational facilities and provide a procedure for authorizing the mutual use,
14 including use by City-affiliated recreation groups and organizations; and
15 WHEREAS, The School Board and the City agree to make recreational facilities
16 available for use according to Priority Use (as defined in the agreement) at no cost or expense,
17 except as otherwise provided for in the agreement; and
18 WHEREAS,the term of this Interlocal Agreement will be for a period of one year from
19 the date of execution, and shall be automatically renewed for up to four (4) additional one (1)
20 year terms, unless either party provides a written notice of intent to terminate the Agreement;
21 and
22 WHEREAS,the City Commission of the City of Boynton Beach upon recommendation
23 of staff, deems it to be in the best interest of the citizens and residents of the City of Boynton
24 Beach to approve and authorize the Mayor to sign the Interlocal Agreement between the City of
25 Boynton Beach and the School Board of Palm Beach County for the mutual use of recreation
26 facilities.
27 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
28 THE CITY OF BOYNTON BEACH, FLORIDA,THAT:
29 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
S:\CA\RESO\Agreements\ILA with PBC for Mutual Use Recreation Facilities-Reso.docx
30 being true and correct and are hereby made a specific part of this Resolution upon adoption
31 hereof.
32 Section 2. The City Commission of the City of Boynton Beach hereby approves and
33 authorizes the Mayor to sign the Interlocal Agreement between the City of Boynton Beach and
34 the School Board of Palm Beach County for the mutual use of recreation facilities,a copy of said
35 Interlocal Agreement is attached hereto and made a part here as Exhibit"A".
36 Section 3. That this Resolution shall become effective immediately upon passage.
37 PASSED AND ADOPTED this 6th day of June, 2023.
38 CITY OF BOYNTON BEACH, FLORIDA
39 YES NO
40 ✓
41 Mayor—Ty Penserga
42
43 Vice Mayor—Thomas Turkin •/
44
45 Commissioner—Angela Cruz
46 ✓/
47 Commissioner— Woodrow L. Hay
48
49 Commissioner—Aimee Kelley
50
51 VOTE S
52 ATTEST:
53
54 i Air i
55I_Maylee De Jes-s, MPA, M Ty =-" Ta
56 City Clerk May.
57
58 A)131, A 'O ' M:
59 (Corporate Seal)
60
61 : p`INTON `., Michael D. Cirullo, Jr.
62 �:44C• •*VOR9tF••ety,'k� City Attorney
63
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S:\CA\RESO\Agreements\ILA with PBC for Mutual Use Recreation Facilities-Reso.docx
INTERLOCAL AGREEMENT BETWEEN
THE CITY OF BOYNTON BEACH
AND THE SCHOOL BOARD OF PALM BEACH COUNTY
FOR THE MUTUAL USE OF RECREATIONAL FACILITIES
This Interlocal Agreement is made this e day of ltv L ,
2023, between the City of Boynton Beach, a municipal corporation of the tate of Florida
("City") and the School Board of Palm Beach County, Florida, a corporate body politic
pursuant to the Constitution of the State of Florida ("Board"), each one constituting a
public agency as defined in Part I of Chapter 163, Florida Statutes.
WITNESSETH
WHEREAS, Section 163.01, Florida Statutes, known as the "Florida Interlocal
Cooperation Act of 1969" authorizes local governments to make the most efficient use of
their powers by enabling them to cooperate with other localities on a basis of mutual
advantage and thereby to provide services and facilities that will harmonize geographic,
economic, population and other factors influencing the needs and development of local
communities; and
WHEREAS, Part I of Chapter 163, Florida Statutes, permits public agencies, as
defined therein, to enter into interlocal agreements with each other to jointly exercise any
power, privilege, or authority that such agencies share in common and which each might
exercise separately; and
WHEREAS, the City and Board recognize the benefits to be derived by utilizing
each other's facilities thereby minimizing the duplication of facilities; and
WHEREAS, the City and Board desire the ability to use the facilities of the other.
NOW THEREFORE, in consideration of the mutual representations, terms, and
covenants hereinafter set forth, the parties hereby agree as follows:
1. Recitals.
The foregoing recitals are true and correct and are hereby incorporated herein by
reference.
2. Purpose.
The purpose of this Agreement is to enable the Board and City to utilize each
other's recreational facilities and provide a procedure for authorizing the use of the
Board's recreational facilities by City-affiliated recreation groups and organizations that
have been approved by the parties.
3. Definitions.
A. "Board Facilities" and "Board Facility" mean facilities owned or operated by
the Board that are made available for public use by the Board and are used primarily for
recreational activities, excluding facilities that are leased, licensed or under the
contractual control of others. The terms "Board Facilities" and "Board Facility" shall
include gymnasiums, playgrounds, swimming pools, tennis, racquetball and basketball
courts, athletic fields and tracks.
B. "City Facilities" and "City Facility" mean facilities owned or operated by the
City that are made available for public use by the City and are used primarily for
recreational activities, excluding facilities that are leased, licensed or under the
contractual control of others. The terms "City Facilities" and "City Facility" shall include,
parks, wrestling rooms, gymnasiums, weight room, pavilions, community centers,
playgrounds, swimming pools, tennis, racquetball and basketball courts, and athletic
fields and tracks.
C. "City Administrator" means the City Administrator of the City of Boynton
Beach, Florida.
D. "Facility" or "Facilities" means the Board Facilities and City Facilities.
E. "Priority of Use" means the priority of uses when there are conflicting
requests for the use of a Facility.
For Board Facilities, the Priority of Use shall be as follows:
1. Board activities and programs or Board Facility lease agreements;
2. County activities and programs pursuant to the Mutual Use Interlocal
Agreement between the Board and Palm Beach County dated
October 20, 2015; as extended, amended, restated or replaced from
time to time; and
3. City or City Recognized Sports Provider activities and programs
pursuant to this Agreement;
For City Facilities, the Priority of Use shall be as follows:
1. City or City Recognized Sports Provider activities and programs or
City facility rental agreements;
2. Board activities and programs pursuant to this Agreement.
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F. "Recognized Sports Provider" means an organized youth recreation
program conducted by a non-City organization identified in the attached Exhibit"A",which
may be amended or supplemented from time to time upon the mutual written agreement
of the Board's Chief Operating Officer and the City Administrator or his or her designee,
without formal amendment hereto.
To qualify as a Recognized Sports Provider, the organization shall provide the
following documents to the Board:
1. Proof of current good standing from the Secretary of State in which
the organization is incorporated; and
2. A Certificate of Insurance (COI) evidencing all of the insurance
coverages required in Section 5.C.1 of this Agreement.
4. Use of Facilities by the Parties.
A. The Board agrees to make the Board Facilities available for use by the City
according to the Priority of Use at no cost or expense to the City, except as otherwise
provided for in this Agreement. The City's use of the Board Facilities shall be subject to
and in accordance with: (i) the terms and conditions of this Agreement, including but not
limited to Exhibit "B" which may be amended or supplemented from time to time upon the
mutual written agreement of the Board's Chief Operating Officer and the City
Administrator or his or her designee without formal amendment hereto; (ii) the Board's
rules, regulations and policies governing the use of the Board Facilities; (iii) any grant or
bond obligations pertaining to the use of any of the Board Facilities; and (iv) all applicable
local, state and federal laws.
B. The City agrees to make available the City Facilities for use by the Board
according to the Priority of Use at no cost or expense to the Board, except as otherwise
provided for in this Agreement. The City is eligible to request use of the Board Facilities
at the following public schools pursuant to this Agreement and the following public schools
are eligible to request use of City Facilities pursuant to this Agreement:
1 Citrus Cove Elementary School
2 Crosspointe Elementary School
3 Forest Park Elementary School
4 Freedom Shores Elementary School
5 Galaxy Elementary School
6 Poinciana Elementary School
7 Rolling Green Elementary School
8 Congress Middle School
9 Boynton Beach Community High School
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The Board's use of the City Facilities shall be subject to and in accordance with: (i) the
terms and conditions of this Agreement; (ii) the City's rules, regulations and policies
governing the use of the City's Facilities; (iii) any grant or bond obligations pertaining to
the use of any of the City Facilities; and (iv) all applicable local, state and federal laws.
C. The City and Board shall each be responsible for paying the actual charges
incurred by each of them for necessary Facility staff and utilities if all or a portion of the
Facility is scheduled to be closed or not normally staffed during the proposed use.
D. The City shall submit all requests for use of the Board Facilities in writing
on the form attached hereto as Exhibit "C" to the Principal responsible for the
management of the Board Facility or his or her designee no less than thirty(30)days prior
to the date that the City desires to use the Board Facility. The Board shall be responsible
for ensuring that a written response to the request is provided to the City within fifteen
(15) days of the date of the request. In the event a request is denied, the reason for
denial shall be stated in the written response. The Board reserves the right to deny use
of the Board Facility if that particular Board Facility has been selected to remain closed
during the summer.
E. The Board shall submit all requests for use of the City Facilities in writing
on the form attached hereto as Exhibit"C"to the City Administrator or his or her designee,
no less than thirty(30)days prior to the date that the Board desires to use the City Facility.
The City shall be responsible for ensuring that a written response to the request is
provided to the Board within fifteen (15) days of the date of the request. In the event a
request is denied, the reason for denial shall be stated in the written response.
F. Notwithstanding the requirements set forth in Paragraphs 4.D. and 4.E.
above, in the event that a need to use a Facility arises less than thirty (30) days prior to
the date the City or Board Facility is needed, the City or Board, as applicable, will use
reasonable efforts to expedite the review of and accommodate such request to the extent
practicable under the circumstances.
G. The Board and City acknowledge the waiver of sovereign immunity for
liability in tort contained in Florida Statutes Section 768.28, the State of Florida's partial
waiver of sovereign immunity, and acknowledge that such statute permits actions at law
to recover damages in tort for money damages up to the limits set forth in such statute
for death, personal injury or damage to property caused by the negligent or wrongful acts
or omissions of an employee acting within the scope of the employee's office or
employment. The Board and City agree to be responsible for all such claims and
damages, to the extent and limits provided in Florida Statutes Section 768.28, arising
from the actions of their respective employees. The parties acknowledge that the
foregoing shall not constitute an agreement by either party to indemnify the other, nor a
waiver of sovereign immunity, nor a waiver of any defense the parties may have under
such statute, nor as consent to be sued by third parties.
H. Without waiving the right to sovereign immunity, the parties acknowledge
that they are self-insured for commercial general liability and automobile liability in the
amounts specified in Florida Statutes Section 768.28, as may be amended from time to
time. In the event either party maintains third-party commercial general liability or
business automobile liability insurance in lieu of exclusive reliance on self-insurance, the
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party maintaining the third-party insurance shall maintain limits of not less than One
Million Dollars ($1,000,000) combined single limit for bodily injury or property damage.
The parties agree to maintain or to be self-insured for worker's compensation and
employer's liability insurance in accordance with Chapter 440, Florida Statutes, as may
be amended from time to time. Each party agrees to provide the other party with an
affidavit or certificate of insurance evidencing insurance, self-insurance and/or sovereign
immunity status, which the parties agree to recognize as acceptable for the above-
referenced coverages. Compliance with the requirements of this paragraph shall not
relieve the parties of their liability and obligations under this Agreement.
I. Each party agrees to provide adequate supervision of its own activities to
prevent bodily harm to the users and damage to the Facilities, taking into consideration
the types of activities planned, when using the other's Facilities. When aquatic facilities
will be included in the Facilities to be utilized, the party using the Facility shall provide
supervisors certified in Lifeguard Training in addition to any other supervision required
hereunder. Notwithstanding the foregoing, the party using the City's aquatic facilities shall
be required to use the City's lifeguards and will be responsible for the cost of the lifeguards
for any use of the facility beyond its normal operating hours.
J. In the event the Facilities are damaged, the party using the Facilities of the
other party shall promptly notify the other party in writing of the damage and shall
reimburse the other party for the actual costs to repair the damage. Reimbursement shall
be made within sixty (60) days of a written request for reimbursement of costs.
K. The Facilities shall be surrendered by the party using them in the same
condition as they were accepted and the party using the Facilities shall cause to be
removed from the Facilities all waste, garbage and rubbish resulting from such party's
use of the Facilities.
L. The Board acknowledges and agrees that the City may charge a fee for: (1)
City lifeguards at the Aquatic Center in accordance with Paragraph 4.1.; (2)City staff when
City Facilities are closed; (3) City staff for preparation of recreational and athletic Facilities
for Board use, if field preparation is requested by the Board; (4) Staff and utilities in
accordance with Paragraph 4.C. of this Agreement.
M. The City acknowledges and agrees that the Board may charge a fee for: (1)
Board staff when Board Facilities are closed; (2) Board staff for preparation of recreational
and athletic Facilities for City use, if field preparation is requested by the City; and (3)
Staff and utilities in accordance with Paragraph 4.C. of this Agreement.
N. The City may use a Board Facility or other Board-owned and controlled
facility for a one-time City meeting or annual City-sponsored community event with prior
written authorization from the Board's Area Superintendent and the Board's Chief
Operating Officer, or designee, provided that the event benefits the community or student
population. Such events shall have the same priority as the City's other uses of the Board
Facilities set forth in this Agreement.
O. The Board may use a City Facility or other City-owned and controlled facility
for a one-time Board meeting or annual Board-sponsored community event with prior
written authorization from the City's administrator or designee, provided that the event
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benefits the community or student population. Such events shall have the same priority
as the Board's other uses of the City Facilities set forth in this Agreement.
5. Use of Board Facilities by City Recognized Sports Providers.
A. The Board agrees to make the Board Facilities available for use by the City
Recognized Sports Providers according to the Priority of Use, except as otherwise
provided for in this Agreement. The City Recognized Sports Provider shall be responsible
for payment of any fees set forth in Paragraph 4.M above directly to the Board. Use of the
Board Facilities by the City Recognized Sports Providers shall depend on availability and
shall be subject to and in accordance with: (i)the terms and conditions of this Agreement
including but not limited to Exhibit "B"; (ii) the Board's rules, regulations and policies
governing the use of Board Facilities; (iii) any bond or grant obligations pertaining to the
use of the Board Facilities; and (iv) all applicable local, state and federal laws.
B. The Recognized Sports Provider represents and warrants that it shall be
responsible for monitoring and complying with all CDC and OSHA regulations and
guidance, and other federal, state and local regulations and guidance for responding to
COVID-19 during the event period. This includes, but is not limited to regulations and
guidelines related to cleaning and disinfecting during the event, promoting efforts that
reduce the spread of COVID-19, providing healthy environments for all persons attending
or participating in the event, protecting communal spaces and arranging for food service.
The School Board shall not be responsible for any costs associated with the Recognized
Sports Provider's duty to comply with COVID-19 regulations and guidelines as mandated
by the terms of this Agreement. The School Board shall not be responsible for monitoring
or enforcing the Recognized Sports Provider's compliance with CDC and OSHA
regulations and guidance, and other federal, state and local regulations and guidance for
responding to COVID-19 during the event. The Recognized Sports Provider shall
indemnify, defend and hold harmless the School Board for any claims, expenses,
liabilities, losses or damages resulting from a failure to comply with CDC and OSHA
regulations and guidance, and other federal, state and local regulations and guidance for
responding to COVID-19 during the event or as a result of a breach of the terms of this
Agreement.
C. Prior to being granted access to any of the Board Facilities, each City
Recognized Sports Provider shall be required to obtain a Facility Use Permit from the
City. The Facility Use Permit shall, at a minimum, require the City Recognized Sports
Provider to: have a current executed Recognized Sports Provider Agreement and meet
all of its requirements.
1. Provide proof of insurance in the amounts listed below or as required
by the Board's Director of Employee Benefits and Risk Management:
COMMERCIAL GENERAL LIABILITY: City Recognized Sports Provider shall
procure and maintain, for the life of the contract Commercial General Liability Insurance
from a carrier that has an A.M. Best rating of A- VIII or better. This policy shall provide
coverage for death, bodily injury, personal injury, products and completed operations
liability and property damage that could arise directly or indirectly from the use of the
Board Facilities. It must be an occurrence form policy. THE SCHOOL BOARD OF PALM
BEACH COUNTY, 3300 Forest Hill Blvd, Palm Springs, FL 33406 SHALL BE NAMED
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AS AN ADDITIONAL INSURED ON THE CERTIFICATE FOR COMMERCIAL
GENERAL LIABILITY INSURANCE.
The minimum limits of coverage shall be $1,000,000/occurrence,
$2,000,000 aggregate, for Bodily Injury Liability and Property Damage Liability.
Required Endorsements:
o Additional Insured — CG 20 26 or CG 20 10 and CG 20 37 or their
equivalents.
Note: CG 20 10 or CG 2026 must be accompanied by CG 20 37 to include
products/completed operations.
o Waiver of Transfer Rights of Recovery— CG 24 04 or its equivalent.
o Primary and noncontributory— CG 20 01 or its equivalent.
Note: If blanket endorsements are being submitted, please include the
entire endorsement and applicable policy number.
WORKERS' COMPENSATION: City Recognized Sports Provider must comply
with Section 440, Florida Statutes, Workers' Compensation and Employers' Liability
Insurance with minimum statutory limits or elective exemptions as defined in Florida
Statute 440 will be considered on a case by case basis.
Required Endorsements:
o Waiver of Subrogation —WC 00 03 13 or its equivalent
(Required if employees provide work in conjunction with the facility use.)
BUSINESS AUTOMOBILE LIABILITY: City Recognized Sports Provider shall
procure and maintain, for the life of the contract, Business Automobile Liability Insurance.
THE SCHOOL BOARD OF PALM BEACH COUNTY, 3300 Forest Hill Blvd, Palm
Springs, FL 33406 SHALL BE NAMED AS AN ADDITIONAL INSURED ON THE
CERTIFICATE FOR BUSINESS AUTOMOBILE LIABILITY INSURANCE.
The minimum limits of coverage shall be $500,000 Combined Single Limit
for Bodily Injury Liability and Property Damage Liability. This coverage shall be an "Any
Auto" form policy. The insurance must be an occurrence form policy.
In the event the City Recognized Sports Provider does not own any
vehicles, the School District will accept hired and non-owned coverage in the amounts
listed above. In addition, the School District will require an affidavit signed by the awarded
proposer indicating the following:
(Company Name) does not own any vehicles. In
the event the company acquires any vehicles throughout the term of the contract,
(Company Name) agrees to purchase "Any Auto" coverage as of the
date of acquisition.
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PARTICIPANT ACCIDENT COVERAGE: $25,000
Required if City Recognized Sports Provider utilizes Board facilities for any type of athletic
activities. Examples are: team sports like soccer, football, tennis, tournaments, practice,
swim and gymnastic meets, dance/cheer competitions, karate, dance recitals, and fitness
class. This also includes games, camps or practice.
In the event of loss, damage or injury to the City Recognized Sports Provider's
property, the City Recognized Sports Provider shall look solely to any insurance in its
favor without making any claim against the Board. The City shall require the Recognized
Sports Provider to waive any right of subrogation against the Board, for loss, damage or
injury within the scope of the City Recognized Sports Provider's insurance, and on behalf
of itself and its insurer, waives all such claims against the Board;
2. Protect, defend, reimburse, indemnify and hold the Board, its agents,
employees and elected officers harmless from and against all claims, liability, expenses,
costs, damages and causes of action of every kind or character, including attorney's fees
and costs, whether at trial or appellate levels or otherwise, arising from or in any way
connected to the City Recognized Sports Provider's use of the Board Facilities;
3. Provide adequate supervision of its own activities to prevent bodily
harm to the users or damage to the facilities, taking into consideration the types of
activities planned;
4. Return the Board Facilities in the same condition as they were
accepted and to remove all waste, garbage and rubbish resulting from the City
Recognized Sports Provider's use of the Board Facilities;
5. Notify the Board and the City administrator or his designee of any
damage to the Board Facilities resulting from the City Recognized Sports Provider's use
of the Board Facilities and reimburse the Board for the actual costs to repair the damage;
and
6. Notify the Board of any dangerous conditions existing on the Board's
Facilities.
D. The Facility Use Permit issued by the City shall also indicate that the Facility
Use Permit may be revoked or suspended by the City and the Board may deny access to
the Board Facilities for failure to comply with the terms and conditions of the Facility Use
Permit.
E. The City Recognized Sports Providers shall be required to submit all
requests for use of the Board Facilities in writing in the form attached hereto as Exhibit
"C" to the City Administrator or his or her designee, no less than forty-five (45) days prior
to the date the City Recognized Sports Provider desires to use the Board Facility. The
City administrator or his designee shall coordinate scheduling of the use of the Board
Facility with the Principal responsible for the management of the Board Facility or his or
her designee. The Board shall be responsible for ensuring that a written response to the
request is provided to the City Administrator or his or her designee within fifteen (15)days
of the date of the City Administrator's, or his or her designee's request. In the event a
request is denied, the reason for denial shall be stated in the written response.
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F. Notwithstanding any provision of this Agreement to the contrary, the Board
shall not be obligated to make the Board Facilities available for use for summer camps,
tournaments, travel team practices or games or any events where admission, vendor fees
and or charges will be collected or imposed by the City or City Recognized Sports
Provider. These events shall require the parties to enter into a lease for use of the Board
Facility and the payment of all fees, all in accordance with Board Policy 7.18.
G. To the extent that the Board's aquatic facilities are included within the term
Board Facilities, as defined in Section 3.A. of this Agreement, the Board's aquatic facilities
may only be utilized under this Agreement for aquatic programs and competitive activities
such as swimming, diving, water polo practices and competitions and shall not be utilized
for leisure activities such as pool parties and/or open swims. The City acknowledges
and agrees the Board may charge a fee for use of the Board's aquatic facilities, which
shall be consistent with Board Policy 7.18.
6. Maintenance/Repair of Facilities.
The parties acknowledge and agree that either party may deny a request for use
of a Facility to perform maintenance or repairs to the Facility.
7. Notification of Responsibilities under Agreement.
The Board agrees to notify the Board's Principals of the terms and conditions of
this Agreement and the Board's commitment to make the Board Facilities available to the
City and City Recognized Sports Providers in accordance with the Priority of Use.
8. Dispute Resolution.
In the event an issue arises that cannot be resolved between the Board's Principal
and the City's Director of Parks and Recreation or his or her designee regarding the use
or availability of a Facility, the dispute shall be referred to the Board's Chief Operating
Officer and the City Administrator who shall both make a good faith effort to resolve the
dispute. If the dispute cannot be settled through negotiation, the parties agree to try in
good faith to settle the dispute by mediation before resorting to litigation.
9. Acceptance of Facilities.
Neither party shall be required to make any improvements or repairs to the
Facilities as a condition of use of the Facilities by the other party or City Recognized
Sports Providers. The parties and City Recognized Sports Providers shall accept the
Facilities in their "As Is", 'Where Is" condition. The parties acknowledge and agree that
neither party has made any warranties or representations to the other party regarding the
Facilities, including, but not limited to, any representations or warranties regarding the
suitability of the Facilities for use by the other party or City Recognized Sports Providers.
10. License.
Notwithstanding any provision of this Agreement to the contrary, the use the
Facilities by either of the parties or the City Recognized Sports Providers shall only
amount to a license to use the Facilities on a non-exclusive basis, which license shall be
revocable by the party licensing the use for any reason whatsoever. The parties agree
that nothing in this Agreement shall be construed as granting either party or the City
Recognized Sports Providers any title, interest or estate in the Facilities.
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11. Default.
The parties agree that, in the event either party is in default of its obligations under
this Agreement, the non-defaulting party shall provide to the defaulting party thirty (30)
days written notice to cure the default. In the event the defaulting party fails to cure the
default within the thirty (30) day cure period, the non-defaulting party shall be entitled to
seek any remedy available to it at law or equity, including, but not limited to, the right to
terminate this Agreement and seek damages, if any.
12. Termination.
Notwithstanding any provision of this Agreement to the contrary, this Agreement
may be terminated by either party: (i) without cause upon thirty (30) days prior written
notice to the other party or (ii) with cause upon the expiration of the thirty (30) day cure
period provided for in Paragraph 11 above.
13. Annual Appropriation.
Each party's performance and obligations under this Agreement shall be
contingent upon an annual budgetary appropriation by its respective governing body for
subsequent fiscal years.
14. Notice.
All notices required to be given under this Agreement shall be deemed sufficient
to each party when delivered by United States Mail to the following:
IF TO CITY:
City of Boynton Beach .
ATTN: City Manager
100 E Ocean Avenue
Boynton Beach, FL 33435
IF TO BOARD:
School Board of Palm Beach County, Florida
ATTN: Director of Planning and Intergovernmental Relations
3661 Interstate Park Road N, Suite 200
Riviera Beach, FL 33404
15. Governing Law and Venue.
This Agreement shall be construed by and governed by the laws of the State of
Florida. The parties agree that any controversies or legal disputes arising out of this
Agreement and any action involving the enforcement or interpretation of any rights
hereunder shall be submitted to the jurisdiction of the State courts of the Fifteenth Judicial
Circuit of Palm Beach County, Florida. If any action at law or in equity is brought to
enforce or interpret the provisions of this Agreement, each party shall be responsible for
their own attorney's fees and costs incurred.
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16. Subordination to Bond and Grant Obligations.
The parties acknowledge that certain Facilities may be subject to bond covenants
and restrictions or grant obligations and agree that this Agreement shall be subject and
subordinate to any such covenants, restrictions and obligations. Notwithstanding any
provision of this Agreement to the contrary, the parties shall not be obligated to make any
Facility available for use by the other party or City Recognized Sports Providers in a
manner which either party has determined, in its sole discretion, would be contrary to any
of its bond or grant obligations, including, but not limited to, making any of the Facilities
available at no cost when such an action would be contrary to either party's bond or grant
obligations. Each party agrees to provide timely notice to the other party in the event this
provision makes a Facility unavailable for use.
17. Equal Opportunity Provision.
The parties agree that no person shall, on the grounds of race, color, sex, age,
national origin, disability, religion, ancestry, marital status, familial status, sexual
orientation, gender, gender identity or expression be excluded from the benefits of, or be
subjected to any form of discrimination under any activity carried out by the performance
of this Agreement.
18. Captions.
The captions and section designations set forth herein are for convenience only
and shall have no substantive meaning.
19. Severability.
In the event that any section, paragraph, sentence, clause, or provision of this
Agreement is held by a court of competent jurisdiction to be invalid, such shall not affect
the remaining portions of this Agreement and the same shall remain in full force and
effect.
20. Entirety of Agreement.
This Agreement represents the entire understanding between the parties, and
supersedes all other negotiations, representations, or agreements, either written or oral,
relating to this Agreement.
21. Incorporation by Reference.
Exhibits attached hereto and referenced herein shall be deemed to be incorporated
into this Agreement by reference.
22. Amendment.
Except as otherwise provided for in this Agreement, this Agreement may be
modified and amended only by written instrument executed by the parties hereto.
23. Waiver.
No waiver of any provision of this Agreement shall be effective against any party
hereto unless it is in writing and signed by the party waiving such provision. A written
waiver shall only be effective as to the specific instance for which it is obtained and shall
not be deemed a continuing or future waiver.
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24. Construction.
Neither party shall be considered the author of this Agreement since the parties
have participated in extensive negotiations and drafting and redrafting of this document
to arrive at a final Agreement. Thus, the terms of this Agreement shall not be strictly
construed against one party as opposed to the other party based upon who drafted it.
25. Filing.
A copy of this Agreement shall be recorded with the Clerk of the Circuit Court in
and for Palm Beach County pursuant to Section 163.01(11), Florida Statutes.
26. Effective Date/Term.
This Agreement shall become effective when signed by both parties, and recorded
with the Clerk of the Circuit Court in and for Palm Beach County. The term of this
Agreement shall be for a period of one (1) year and shall be automatically renewed up to
four (4) additional consecutive one (1) year terms, unless either party provides a written
notice of intent to terminate the Agreement to the other party pursuant to Paragraph 12.
27. Prohibition Against Alcohol, Tobacco and Drones.
The manufacture, distribution, dispensation, possession, consumption or use of
alcohol, tobacco products of any kind, e-cigarettes or controlled substances on City or
School Board-owned property is strictly prohibited and violation of this provision shall be
a material breach of this Agreement. No unmanned aerial vehicles of any kind, also
known as drones, shall be permitted on or about City or School Board-owned property.
Violation of this provision by any person associated with a City Recognized Sports
Provider shall be just cause for termination of the City Recognized Sports Provider's
privilege to use any Board Facility in the future.
28. Inspector General.
The City agrees and understands that, except as otherwise required by law, it will
provide the School Board's Office of Inspector General ("School Board's Inspector
General")access to records related to this Agreement as required by School Board Policy
1.092(5)(e) and Policy 6.14(12).
Similarly, in accordance with Palm Beach County ordinance number 2011-009, the
School Board acknowledges that this Agreement may be subject to investigation and/or
audit by the Palm Beach County Inspector General. The School Board has reviewed
Palm Beach County ordinance number 2011-009 and is aware of its rights and/or
obligations under such ordinance.
29. No Third Party Beneficiaries.
No provision of this Agreement is intended to, or shall be construed to, create any
third party beneficiary or to provide any rights to any person or entity not a party to this
Agreement, including but not limited to any citizen or employees of the City and/or Board.
30. Liens.
Each party's respective interest in the Facilities shall not be subject to liens arising
from the others or the City Recognized Sports Provider's use of the Facilities, or exercise
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of the rights granted hereunder. Each party shall promptly cause any lien imposed
against the Facility of the other party relating to the use of Facilities under this Agreement
to be discharged or transferred to bond.
31. No Agency Relationship.
Neither party is an agent or servant of the other. No person employed by either
party to this Agreement, shall in connection with the performance of this Agreement or
any services or functions contemplated hereunder, at any time, be considered the
employee of the other party, nor shall an employee claim any right in or entitlement to any
pension, workers' compensation benefit, unemployment compensation, civil service, or
other employee rights or privileges granted by operation of law or otherwise, except
through and against the party by whom they are employed.
32. Records.
Each party shall maintain its own respective records and documents associated
with this Agreement in accordance with the records retention requirements applicable to
public records. Each party shall be responsible for compliance with any public documents
request served upon it pursuant to Section 119.07, Florida Statutes, and any resultant
award of attorney's fees for non-compliance with that law.
33. Survival.
Provisions contained in this Agreement that, by their sense and context, are
intended to survive the suspension or termination of this Agreement, shall so survive.
34. Waiver of Jury Trial.
EACH OF THE PARTIES HERETO HEREBY KNOWINGLY, VOLUNTARILY,
AND INTENTIONALLY WAIVES THE RIGHT EITHER OF THEM MAY HAVE TO A
TRIAL BY JURY IN RESPECT OF ANY LITIGATION BASED HEREON, OR ARISING
OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT.
35. Authority to Execute
Each Person signing this Agreement on behalf of either party individually warrants
that he or she has full legal power to execute this Agreement on behalf of the party for
whom he or she is signing, and to bind and obligate such party with respect to all
provisions contained in this Agreement.
(The remainder of this page is intentionally left blank.)
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IN WITNESS WHEREOF, the parties hereto have affixed their signatures on the day and
year first above written.
CITY OF BOYNTON BEACH SCHOOL BOARD OF PALM BEACH
FLORIDA COUNTY, FLORIDA
By: / - By: 4-
miliny -.'► erg., M..;";OyNT04, ‘•. Frank ::rbieri, Jr., Chairman
SEAL :='' •
U i
ATTEST: i 'INCORPORATED; f
•, 1920 ;•' f ATTEST:
'‘. FLOR\OP - 01°
(t 0111/171ykXell ii /A9 &
Ma lee a Jusus, CityClerk Mich •el J. :ure,Superintendent
�v Y
Date: C.t.'an_Q, 1.D ) j c) -,) - , Date: 7 z,11
12.3
(--\
9
APPROVED AS TO FORM APPROVED AS TO FORM
AND LEGAL SUFFI IENCY AND LEGAL SUFFICIENCY
9/
(iel/dt-1/(1Za_ )
City Attorney School Board Attorney
6//7/2&0?, 07/19/2023
City Council Meeting Date School Board Meeting Cav'ch`oo'`N
14 i
'/i i
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aeb c
ountYtY
EXHIBIT "A"
City Youth Recognized Programs and City Recognized Sports Providers
(All programs are limited to youth sports activities only)
Boynton Beach Bulldogs Youth Tackle Football & Cheerleading (Practice Only)
East Boynton Little League
Running Fire Track Club
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EXHIBIT "B"
School Board of Palm Beach County Facility Operating Hours
The Board agrees to make the Board Facilities available for use by the City according to the
Priority of Use, at no cost to the City and in accordance with the following operational hours
for indoor and outdoor facilities.
When School is in session:
Weekdays (Monday through Friday): From the close of the school day until 9:30 pm
Saturdays: From 8:00 am to 9:30 pm
When School is out of session (Summer Break and Spring Break):
Weekdays (Monday through Thursday): From 8:00 am until 9:30 pm
Fridays, Saturdays, Sundays: Closed
School Holidays and Winter Break:
The Board Facilities will be closed the day of the school holiday plus any immediately
preceding or following weekend days (i.e. the weekend preceding a Monday National Holiday
or following Thanksgiving). The Board Facilities will also be closed for the entire Winter Break
(traditionally beginning on the Saturday prior to Christmas and extending through the Sunday
following New Year's).
The operational hours may be amended from time to time upon the mutual agreement of the
Board's Chief Operating Officer and City Administrator or his or her designee.
City of Boynton Beach Hours of Operation
City agrees to make the City Facilities available for use by the Board according to the Priority
of Use, at no cost to the Board and in accordance with the following operational hours for
indoor and outdoor facilities.
When School is in session:
Monday through Saturday: From 8:00 am to 9:30 pm
When School is out of session:
Monday through Saturday: From 8:00 am to 9:30 pm
The operational hours may be amended from time to time upon the mutual agreement of the
Board's Chief Operating Officer and City Administrator or his or her designee.
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EXHIBIT"C"
The City of Boynton Beach and The School Board of Palm Beach County
INTER-LOCAL FACILITY REQUEST FORM
Date Contact Person School Name(if applicable)
i
r
Phone Number Fax Number s, Other Contact Number
Address City State/ZIP
FACILITY REQUEST:
Choice#1 Choice#2
Activity Age Group
Estimated Attendance:
Participants: Spectators: Total:
Mark appropriate day(s)facility will be needed:
❑Monday PTuesday ❑Wednesday ❑Thursday ❑Friday ❑Saturday Sunday
Date(s):
Time(s):From: _am/pm To: am/pm
❑New Request
❑ Repeat Request:
Date and location of previous use:
Other pertinent information(as necessary):
❑ Requesting Principal Date
❑ Director of Recreation Services
❑Approve ❑ Disapprove
Reason if disapproved:
❑ Principal Date
❑ Director of Recreation Services
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