R11-001
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1 RESOLUTION R IJ:. Q:)\
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4 A RESOLUTION OF THE CITY COMMISSION OF THE
5 CITY OF BOYNTON BEACH, FLORIDA, APPROVING
6 AND AUTHORIZING THE MAYOR AND CITY CLERK
7 TO EXECUTE AN INTERLOCAL AGREEMENT
8 BETWEEN PALM BEACH COUNTY AND THE CITY OF
9 BOYNTON BEACH FOR PARTICIPATION IN THE
10 DROWNING PRVENTION COALITION LEARN TO
11 SWIM PROGRAM; AND PROVIDING AN EFFECTIVE
12 DATE.
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15 WHEREAS, the County will pay to the City its usual and customary fee per swim class
16 for swimming lessons provided by the City in exchange for the Drowning Prevention Coalition
17 Learn to Swim Program; and
18 WHEREAS, the City Commission of the City of Boynton Beach upon recommendation
19 of staff, deems it to be in the best interest of the citizens and residents of the City of Boynton
20 Beach to approve and authorize execution of the Interlocal Agreement with Palm Beach County
21 which expires September 30, 2011, for participation in the Drowning Prevention Coalition
22 Learn to Swim Program.
23 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
24 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
25 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
26 being true and correct and are hereby made a specific part of this Resolution upon adoption
27 hereof.
28 Section 2. The City Commission of the City of Boynton Beach hereby authorizes
29 the Mayor and City Clerk to execute an Interlocal Agreement between the City of Boynton
S:\CA\RESO\Agreements\Reso -ILA with PSC for Drowning Prevention Swin Program 10-11.doc
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1 Beach and Palm Beach County which expires September 30, 2011, for participation in the
Drowning Prevention Coalition Learn to Swim Program, a copy of said Interlocal Agreement is
3 attached hereto and made a part here as Exhibit "A",
4 Section 3. That this Resolution shall become effective immediately upon passage.
1h.
5 PASSED AND ADOPTED this.-L day of 'January , 2011.
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7 CITY OF BOYNTON BEACH, FLORIDA
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19 Commissi
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28 ATTEST:
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32 J et M. Prainito, MMC
3 ity Clerk
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S'\CA\RESO\Agreements\Reso -ILA with PSC for Drowning Prevention Swin Program 10-11.doc
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INTERLOCAL AGREEMENT ~"
FOR SWIMMING LESSONS "
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This Agreement is made as of the _ day of ,20_, by and between Palm Beac~1ty,
a Political Subdivision of the State of Florida, by and through its Board of Commission rs,
hereinafter referred to as the COUNTY, and the City of Boynton Beach, a Florida municipal
corporation located in Palm Beach County, Florida.(hereinafter referred to as "MUNICIPALITY").
WHEREAS, COUNTY, through its Drowning Prevention Coalition's ("DPC") Learn to
Swim Program, distributes vouchers to the public which may be redeemed for swimming lessons at
designated aquatic facilities within Palm Beach County; and
WHEREAS, the parties desire to enter into this Agreement for MUNICIPALITY to provide
swimming lessons as part of the DPC Learn to Swim Program, and to define the parties'
responsibilities relating thereto.
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 power 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.
NOW THEREFORE, in consideration of the mutual covenants and promises contained
herein, the COUNTY and the MUNICIPALITY agree as follows:
ARTICLE 1 - SERVICES
MUNICIP ALITY shall offer and provide swimming lesson classes to individuals who present
vouchers issued by the DPC Learn to Swim Program. Each class to be offered and provided shall
consist of a series of at least six swimming lessons and shall be identified in Exhibit A, attached
hereto and incorporated herein. Exhibit A shall set forth the name, type, swimming level, dates,
location, minimum participation requirements, ifany, and MUNICIPALITY's usual and customary
fee for each class. MUNICIPALITY shall not charge voucher holders for any swim class for which
MUNICIPALITY's usual and customary fee is $50.00 or less. If MUNICIPALITY's usual and
customary fee for a swim class is more than $50.00, then the maximum fee that MUNICIPALITY
may charge voucher holders for said class is its usual and customary fee minus $50.00. Said classes
may be open to the public and are not restricted to voucher holders.
The swimming lesson classes shall be provided at MUNICIPALITY'S aquatic facility.
MUNICIP ALITY agrees to provide and maintain its facility in a safe, clean and hygienic manner and
in accordance with all safety and health standards and all other applicable laws and regulations.
MUNICIP ALITY agrees to provide and maintain in proper working order all equipment necessary to
provide and maintain the services and facility as provided herein. MUNICIPALITY represents and
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warrants that its aquatic facility is in compliance, and shall continue to be in compliance, with
Section 514.031, Florida Statutes, all applicable rules and requirements of the State and County
Health Departments, and all other applicable laws, rules and regulations. Prior to execution of this
Agreement, MUNICIPALITY must provide to COUNTY copies ofthe facility's current operating
permit and most current inspection report, which must evidence a satisfactory inspection.
MUNICIP ALITY shall perform the services set forth herein in accordance with all applicable
laws, rules and regulations, and in a competent, professional, safe and responsible manner with full
regard for the safety of the participants. MUNICIPALITY agrees and warrants that all swimming
instructors utilized by MUNICIPALITY to provide lessons hereunder shall be certified as required
by Section 514.071, Florida Statutes, and any other applicable laws, rules and regulations.
MUNICIP ALITY shall provide proof of such certifications to COUNTY'S representative upon
request. MUNICIP ALITY represents and warrants that it has in place, and shall continue to
maintain, a drug-free workplace policy.
ARTICLE 2 - COMMENCEMENT AND TERM
This Agreement shall commence on October 1,2010 and shall remain in effect until September 30,
2011.
ARTICLE 3 - PAYMENTS TO MUNICIPALITY
A. For swimming classes provided by MUNICIPALITY in exchange for DPC Learn to Swim
Program vouchers, COUNTY shall pay MUNICIPALITY its usual and customary fee per
class as set forth in Exhibit A hereto, up to a maximum of$50.00 per class series provided
to a voucher holder. As provided in Resolution No. R-2005-1906, the total payments to all
swimming lesson providers utilized in the DPC Learn to Swim Program for each fiscal year
shall not exceed the amount budgeted by COUNTY for this purpose for said fiscal year.
B. MUNICIP ALITY shall invoice COUNTY monthly based on the number of swimming lesson
classes provided hereunder. Invoices shall include a list of the names and contact
information of students to whom lessons were actually provided, the name, dates, and times
of the classes provided, and any other documentation deemed necessary by COUNTY to
verify that services have been rendered in conformity with this Agreement and any applicable
DPC Learn to Swim Program criteria, policies and procedures.
ARTICLE 4 - TERMINATION
The COUNTY may terminate this Agreement at any time upon written notice to the
MUNICIP ALITY with or without cause and without penalty, damages or recourse against
COUNTY. MUNICIPALITY may terminate this Agreement upon thirty days (30) days' prior written
notice to the COUNTY.
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ARTICLE 5 - PERSONNEL
The MUNICIPALITY represents that it has, or will secure at its own expense, all necessary
personnel required to perform the services under this Agreement. Such personnel shall not be
employees of or have any contractual relationship with the COUNTY.
All of the services required hereunder shall be performed by the MUNICIPALITY or under its
supervision, and all personnel engaged in performing the services shall be fully qualified and, if
required, authorized and permitted under state and local law to perform such services.
The MUNICIPALITY warrants that all services shall be performed by skilled and competent
personnel to the highest professional standards in the field.
ARTICLE 6 - SUBCONTRACTING
MUNICIP ALITY may not, without written approval of COUNTY, subcontract any rights,
responsibilities or obligations under this Agreement.
ARTICLE 7 - A V AILABILITY OF FUNDS
The COUNTY'S performance under this Agreement for subsequent fiscal years is contingent upon
annual appropriations for its purpose by the Board of County Commissioners and subject to the
provisions of Palm Beach County Resolution No. R-2005-1906. The MUNICIPALITY'S
performance under this Agreement for subsequent fiscal years is contingent upon annual
appropriations for its purpose by its governing body.
ARTICLE 8 - INSURANCE
Without waiving the right to sovereign immunity as provided by s.768.28fs., MUNICIPALITY
acknowledges to be self-insured for General Liability and Automobile Liability under Florida
sovereign immunity statutes with coverage limits of $100,000 Per Person and $200,000 Per
Occurrence; or such monetary waiver limits that may change and be set forth by the legislature.
In the event MUNICIPALITY maintains third-party Commercial General Liability and Business
Auto Liability in lieu of exclusive reliance of self-insurance under s.768.28fs, MUNICIPALITY
shall agree to maintain said insurance policies at limits not less than $500,000 combined single limit
for bodily injury or property damage.
MUNICIPALITY agrees to maintain orto be self-insured for Worker's Compensation & Employer's
Liability insurance in accordance with Chapter 440, Florida Statutes.
When requested, MUNICIPALITY shall agree to provide an affidavit or Certificate of Insurance
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evidencing insurance, self-insurance and/or sovereign immunity status, which COUNTY agrees to
recognize as acceptable for the above mentioned coverages.
Compliance with the foregoing requirements shall not relieve MUNICIPALITY of its liability and
obligations under this Agreement.
ARTICLE 9 - INDEMNIFICATION
Each party shall be liable for its own actions and negligence and, to the extent permitted by law,
COUNTY shall indemnify, defend and hold harmless MUNICIPALITY against any actions, claims
or damages arising out of COUNTY'S negligence in connection with this Agreement, and
MUNICIP ALITY shall indemnify, defend and hold harmless COUNTY against any actions, claims,
or damages arising out of MUNICIPALITY' S negligence in connection with this Agreement. The
foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the limits set
forth in Section 768.28, Florida Statutes, nor shall the same be construed to constitute agreement by
either party to indemnify the other party for such other party's negligent, willful or intentional acts or
omISSIOns.
ARTICLE 10 - SUCCESSORS AND ASSIGNS
Neither party shall assign, delegate or otherwise transfer its rights and obligations as set forth in this
Agreement to any other entity without the prior written consent of the other party.
ARTICLE 11 - REMEDIES
This Agreement shall be governed by the laws of the State of Florida. Any legal action necessary to
enforce the Agreement will be held in Palm Beach County. No remedy herein conferred upon any
party is intended to be exclusive of any other remedy, and each and every such remedy shall be
cumulative and shall be in addition to every other remedy given hereunder or now or hereafter
existing at law or in equity, by statute or otherwise. No single or partial exercise by any party of any
right, power, or remedy hereunder shall preclude any other or further exercise thereof. 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.
ARTICLE 12 - CONFLICT OF INTEREST
The MUNICIPALITY represents that it presently has no interest and shall acquire no interest, either
direct or indirect, which would conflict in any manner with the performance of services required
hereunder, as provided for in Chapter 112, Part III, Florida Statutes. The MUNICIPALITY further
represents that no person having any such conflict of interest shall be employed for said performance
of services.
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The MUNICIPALITY shall promptly notify the COUNTY's representative, in writing, by certified
mail, of all potential conflicts of interest of any prospective business association, interest or other
circumstance which may influence or appear to influence the MUNICIPALITY 'S judgment or
quality of services being provided hereunder. Such written notification shall identify the prospective
business association, interest or circumstance, the nature of work that the MUNICIPALITY may
undertake and request an opinion of the COUNTY as to whether the association, interest or
circumstance would, in the opinion of the COUNTY, constitute a conflict of interest if entered into
by the MUNICIPALITY. The COUNTY agrees to notify the MUNICIPALITY of its opinion by
certified mail within thirty (30) days of receipt of notification by the MUNICIPALITY. If, in the
opinion of the COUNTY, the prospective business association, interest or circumstance would not
constitute a conflict of interest by the MUNICIPALITY, the COUNTY shall so state in the
notification and the MUNICIPALITY shall, at its option, enter into said association, interest or
circumstance and it shall be deemed not in conflict of interest with respect to services provided to the
COUNTY by the MUNICIPALITY under the terms of this Agreement.
ARTICLE 13 - EXCUSABLE DELA YS
MUNICIP ALITY shall not be considered in default by reason of any failure in performance if such
failure arises out of causes reasonably beyond the control ofMUNICIP ALITY or its subcontractors
and without their fault or negligence. Such causes include, but are not limited to, acts of God, force
majeure, natural or public health emergencies, labor disputes, freight embargoes, and abnormally
severe and unusual weather conditions.
Upon MUNICIPALITY'S request, the COUNTY shall consider the facts and extent of any failure to
perform the work and, if the MUNICIPALITY 'S failure to perform was without its or its
subcontractors fault or negligence, the Agreement schedule and/or any other affected provision of
this Agreement shall be revised accordingly, subject to the COUNTY'S rights to change, terminate,
or stop any or all of the work at any time.
ARTICLE 14 - ARREARS
The MUNICIPALITY shall not pledge the COUNTY'S credit or make it a guarantor of payment or
surety for any contract, debt, obligation, judgement, lien, or any form of indebtedness. The
MUNICIP ALITY further warrants and represents that it has no obligation or indebtedness that would
impair its ability to fulfill the terms of this Agreement.
ARTICLE 15 - PUBLIC RECORDS
The MUNICIPALITY shall comply with Florida's Public Records Law with regard to any
documents or other records relating to this Agreement.
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ARTICLE 16 - INDEPENDENT CONTRACTOR RELATIONSHIP
The MUNICIPALITY is, and shall be, in the performance of all work services and activities under
this Agreement, an Independent Contractor, and not an employee, agent, or servant ofthe COUNTY.
All persons engaged in any of the work or services performed pursuant to this Agreement shall at all
times, and in all places, be subject to the MUNICIPALITY'S sole direction, supervision, and
control. The MUNICIPALITY shall exercise control over the means and manner in which it and its
employees perform the work, and in all respects the MUNICIPALITY'S relationship and the
relationship of its employees to the COUNTY shall be that of an Independent Contractor and not as
employees or agents of the COUNTY.
The MUNICIPALITY does not have the power or authority to bind the COUNTY in any promise,
agreement or representation.
ARTICLE 17 - CONTINGENT FEES
The MUNICIPALITY warrants that it has not employed or retained any company or person, other
than a bona fide employee working solely for the MUNICIPALITY to solicit or secure this
Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or
firm, other than a bona fide employee working solely for the MUNICIPALITY, any fee, commission,
percentage, gift, or any other consideration contingent upon or resulting from the award or making
of this Agreement.
ARTICLE 18 - ACCESS AND AUDITS
The MUNICIPALITY shall maintain adequate records to justify all charges, expenses, and costs
incurred in estimating and performing the work for at least three (3) years after completion or
termination of this Agreement. The COUNTY shall have access to such books, records, and
documents as required in this section for the purpose of inspection or audit during normal business
hours, at the MUNICIPALITY 'S place of business.
Palm Beach County has established the Office of the Inspector General in Ordinance 2009-049, as
may be amended. The Inspector General's authority includes but is not limited to the power to
, review past, present and proposed County contracts, transactions, accounts and records, to require the
production of records, and to audit, investigate, monitor, and inspect the activities of the
MUNICIP ALITY, its officers, agents, employees, and lobbyists in order to ensure compliance with
contract requirements and detect corruption and fraud.
Failure to cooperate with the Inspector General or interfering with or impeding any investigation
shall be in violation of Ordinance 2009-049, and punished pursuant to Section 125.69, Florida
Statutes, in the same manner as a second degree misdemeanor.
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ARTICLE 19 - NONDISCRIMINATION
The MUNICIPALITY warrants and represents that all of its employees are treated equally during
employment without regard to race, color, religion, disability, sex, age, national origin, ancestry,
marital status, familial status, sexual orientation, gender identity and expression.
ARTICLE 20 - AUTHORITY TO PRACTICE
The MUNICIPALITY hereby represents and warrants that it has and will continue to maintain all
licenses and approvals required to conduct its business, and that it will at all times conduct its
business activities in a reputable manner. Proof of such licenses and approvals shall be submitted to
the COUNTY's representative upon request.
ARTICLE 21 - SEVERABILITY
If any term or provision of this Agreement, or the application thereof to any person or circumstances
shall, to any extent, be held invalid or unenforceable, the remainder of this Agreement, or the
application of such terms or provision, to persons or circumstances other than those as to which it is
held invalid or unenforceable, shall not be affected, and every other term and provision of this
Agreement shall be deemed valid and enforceable to the extent permitted by law.
ARTICLE 22- PUBLIC ENTITY CRIMES
As provided in F.S. 287.132-133, by entering into this Agreement or performing any work in
furtherance hereof, the MUNICIPALITY certifies that it, its affiliates, suppliers, subcontractors and
contractors who will perform hereunder, have not been placed on the convicted vendor list
maintained by the State of Florida Department of Management Services within the 36 months
immediately preceding the date hereof. This notice is required by F.S. 287.133(3)(a).
ARTICLE 23 - SURVIVABILITY
Any covenant, agreement, representation, warranty or other provision of this Agreement that is of a
continuing nature or which by its language or its nature imposes an obligation that extends beyond
the term of this Agreement, including but not limited to representations relating to indemnification
and the disclosure or ownership of documents, shall survive the expiration or early termination of
this Agreement and the consummation of the transactions contemplated hereunder.
ARTICLE 24 - NOTICE
All notices required in this Agreement shall be sent by certified mail, return receipt requested, hand
delivery or other delivery service requiring signed acceptance. If sent to the COUNTY, notices shall
be addressed to:
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Palm Beach County Fire-Rescue
405 Pike Road
West Palm Beach, FL 33411-3815
Attn: Fire-Rescue Administrator
If sent to the MUNICIPALITY, notices shall be addressed to:
City of Boynton Beach
Wilson Park John Denson Pool
225 N.W. lih Ave
Boynton Beach, FL 33435
Attn: Suzette Peccerelli, Pool Supervisor
ARTICLE 25 - FILING
A copy of this Agreement shall be filed with the Clerk of the Circuit Court in and for Palm Beach
County.
ARTICLE 26 - ENTIRETY OF CONTRACTUAL AGREEMENT
The COUNTY and the MUNICIPALITY agree that this Agreement sets forth the entire agreement
between the parties, and that there are no promises or understandings other than those stated herein.
None of the provisions, terms and conditions contained in this Agreement may be added to,
modified, superseded or otherwise altered unless agreed to in writing by both parties. This
Agreement shall inure to the benefit of and shall be binding upon the parties, their respective assigns
and successors in interest.
Remainder of this page left blank intentionally.
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IN WITNESS WHEREOF, the Board of County Commissioners of Palm Beach County, Florida has made and
executed this Agreement on behalf of the COUNTY, and MUNICIPALITY has hereunto set its hand the day and
year above written.
ignature
L~ 11 . c'ha.tL
Name (type or Print)
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY
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By
County Attorney
ATTEST:
~'tn. ~
Ulty Clerk
APPROVED AS T~ORM AND
LEGAL SUFFI E CY
By: / ~
City
PALM BEACH COUNTY, FLORIDA, BY
ITS BOARD OF CO TY COMMISSIONERS
By:
Steven B. Jerauld, Fire- escue Administrator,
through Robert W eisma~, County Administrator
APPROVED AS TO TERMS
AND CONDITIONS
.GU~
CITY.O ~}F BOYNTON BEACH,.~LORIDA
By: ~
Jose Rodrigu z,
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EXHIBIT "A"
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The City of Boynton Beach
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*LEARN TO SWIM PROGRAM
City of Boynton Beach John H. Denson Pool
225 NW 12'h Avenue Boynton Beach Florida, 33435
Exhibit A
Levell, Introduction to Water Skills:
Children will learn basic water safety and swimming skills at a beginner level in order to
progress to the intermediate level II.
Ratio: 1 instructor for every 6 Children
Level II, Fundamental Aquatic Skills:
Children will learn basic water safety and swimming skills at an intermediate level in order to
progress to the advanced level III.
Ratio: 1 instructor for every 6 Children
Cost: All learn to Swim classes are $30 for residents and $38 for non-residents per child, per
session.
* All classes subject to change due to inclement weather or staffing issues,
Boynton Beach Head Start (27 children per session) Spring 2011:
Session I: 2/1/2011-2/11/2011
Session II: 2/15/2011 - 2/25/2011
Session III: 3/1/2011-3/11/2011
Session IV: 3/22/2011 - 4/1/2011
Times: Per level
level I level II
11:00-12:00AM 11 :00 -12:00 AM
When: Tuesday - Friday
"An Equal Opportunity Employer"
The City of Boynton Beach
.
Spring 2011 Week Day Sessions
When: Tuesday - Friday
Session I: 2/1/2011 - 2/11/2011
Session II: 2/15/2011 - 2/25/2011
Session III: 3/1/2011 - 3/11/2011
Session IV: 3/22/2011-4/1/2011
Session V: 4/5/2011 - 4/15/2011
Session VI: 4/19/2011 - 4/29/2011
Session VII: 5/3/2011 - 5/13/2011
Times: Per Level
Levell Level II
2:30 - 3:00 PM 2:30 - 3:00 PM
3:00 - 3:30 PM 3:00 - 3:30 PM
5:00 - 5:30 PM 5:00 - 5:30 PM
5:30 - 6:00 PM 5:30 - 6:00 PM
Spring 2011 Saturday Sessions
When: Saturday
Session I: 2/5/11-2/26/11
Session II: 3/5/11-3/26/11
Session III: 4/2/11-4/23/11
Times: Per Level
Levell Level II
11 :00 - 12:00 AM 11 :00 -12:00 AM
''An Equal Opportunity Employer"
The City of Boynton Beach
.
Summer 2011 Week Day Sessions
When: Tuesday - Friday
Session I: 6/7/11-6/17/11
Session II: 6/21/11-7/1/11
Session III: 7/5/11-7/15/11
Session IV: 7/19/11-7/29/11
Session V: 8/2/11-8/12/11
Times: Per Level
Levell Level II
9:00 - 9:30 AM 9:00 - 9:30 AM
9:30 - 10:00 AM 9:30 - 10:00 AM
10:00 - 10:30 AM 10:00 -10:30 AM
Summer 2010 Saturday Sessions
When: Saturday
Session I: 6/4/11-6/25/11
Session II: 7/9/11-7/30/11
Session III: 8/6/11-8/27/11
Times: Per Level
Levell Level II
11 :00 - 12:00 AM 11 : 00 - 12: 00 AM
Fall 2011 Week Day Sessions
When: Tuesday - Friday
Session I: 8/16/11-8/26/11
Session II: 8/30/11-9/9/11
Session III: 9/13/11-9/23/11
Times: Per Level
Levell Level II
2:30 - 3:00 PM 2:30 - 3:00 PM
3:00 - 3:30 PM 3:00 - 3:30 PM
5:00 - 5:30 PM 5:00 - 5:30 PM
"An Equal Opportunity Employer"
The City of Boynton Beach
.
5:30 - 6:00 PM 5:30 - 6:00 PM
Fall 2011 Saturday Sessions
When: Satu rday
Session I: 9/3/11-9/24/11
Times: Per Level
Levell Level II
11 :00 - 12:00 AM 11 :00 - 12:00 AM
"An Equal Opportunity Employer"
The City of Boynton Beach
City Clerk's Office
100 E BOYNTON BEACH BLVD
BOYNTON BEACH FL 33435
(561) 742-6060
FAX: (561) 742-6090
e-mail: prainitoj@cLboynton-beach,f1.us
www.boynton-beach.org
MEMORANDUM
TO: Wally Majors
Recreation Director
FROM: Janet M. Prainito
City Clerk
DATE: January 11, 2011
SUBJECT: Rll-00l Interlocal Agreement For Swimming Lessons
The resolution and agreement mentioned above were approved by the City Commission
at their regular meeting held on January 4, 2011. Please have the attached
agreements signed by Palm Beach County and Palm Beach County Fire-Rescue and
return one original to me for Central File.
Thank you.
~YYl.~
Attachments (3)
C: Central File & Followup
S:\CC\WP\AFfER COMMISSION\Departmental Transmittals\2011\Wally Majors Rll-OOLdoc
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