R02-185 RESOLUTION R02- I I~ ~"
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA,
AUTHORIZING AND DIRECTING THE MAYOR AND
CITY CLERK TO EXECUTE AN INTERLOCAL
AGREEMENT BETWEEN THE CITY AND PALM
BEACH COUNTY SCHOOL BOARD; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, it is the desire of the City and the School Board of Palm
Beach County to enter into an Inteflocal Agreement for the mutual use of
facilities between the City and Boynton Beach Community High School; and
WHEREAS, the School Board desires to utilize certain City recreation
facilities for the benefit of Boynton Beach Community High School and the
City desires to use the High School for various recreation programs/activities
and City events; and
WHEREAS, the City and the School Board of Palm Beach County
agree to cooperatively operate a Community School Program at Boynton
Beach Community High School. The City will contribute $6,000.00 per year
towards the program to include, but not limited to, the provision of supplies,
equipment, personnel and other similar services.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY
OF TItE CITY OF BOYNTON BEACH, FLORIDA,
COMMISSION
THAT:
Section 1.
Upon recommendation of staff, this Commission does
hereby authorize and direct the Mayor and City Clerk to execute the Interlocal
Agreement between the City and School Board of Palm Beach County, which
is attached hereto as Exhibit "A".
Section 2 That this
Resolution shall become
effective
immediately upon passage.
PASSED AND ADOPTED this (o day of November, 2002.
CITY 9~,,, BOYN~I"ON/BEAJZH, FLO~RIDA
ATTEST:
INTERLOCAL AGREEMENT BETWEEN THE
CITY OF BOYNTON BEACH AND THE SCHOOL BOARD FOR
THE MUTUAL USE OF PUBLIC FACILITIES
BETWEEN THE CITY AND
BOYNTON BEACH COMMUNITY HIGH SCHOOL
THIS AGREEMENT, entered into this ~ day of
~-~0Ve~r~¢, 2002, between THE CITY OF BOYNTON BEACH, a political
subdivision of the State of Florida, (hereinafter referred to as "CITY" and the
SCHOOL BOARD OF PALM BEACH COUNTY, FLORIDA, a corporate body
politic pursuant to the constitution of the State of Florida, (hereinafter referred to
as "BOARD").
WITNESSETH:
WHEREAS, it is the intent of Part 1 of Chapter 163, Florida Statutes
(The Florida Interlocal Cooperation Act) to encourage cooperation between
local government units in the provision of services and facilities for the needs of
local communities; and
WHEREAS, the CITY and BOARD recognize the need and benefit of
providing a Community School Education
239.105, Florida Statutes, which utilizes
Community High School; and
Program as defined in Chapter
the facilities of Boynton Beach
WHEREAS, the CITY desires to annually contribute a nominal fee to
utilize Boynton Beach Community High School for community education and
recreation per year, and
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WHEREAS, the BOARD desires to utilize certain CITY facilities for the
benefit of Boynton Beach Community High School, including, but not limited to,
Hester Community Center and Wilson Swimming Pool at no cost; and
WHEREAS, the facilities to be utilized by the CITY and BOARD include,
but are not limited to, classrooms, gymnasiums, playgrounds, athletic fields,
auditoriums, swimming pools, and meeting areas; and
WHEREAS, the CITY and BOARD desire to implement this Agreement
unencumbered by issues unrelated to the concept of mutual use;
NOW THEREFORE, for and in consideration of the mutual benefits
herein contained, the parties agree as follows:
1. This Agreement is entered into under the authority of Section
163.01, Florida Statutes.
2. The BOARD shall utilize the recreation facilities of the CITY at no
cost. The facilities to be utilized by the CITY for the Community Education
Program and recreation and by the BOARD include, but are not limited to,
classrooms, gymnasiums, playgrounds, swimming pools, athletic fields,
auditoriums and meeting areas.
CITY and BOARD shall prepare and maintain a cost analysis detailing
the actual cost incurred in providing facilities as requested pursuant to this
Agreement. CITY and BOARD shall submit in writing its respective cost
analysis to the other party on a quarterly basis.
3. The 'BOARD's facilities including non-recreational facilities
located at Boynton Beach Community High School shall be available for use by
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CITY when not required by the BOARD for its entire daily public education
program, including, but not limited to, exceptional education and adult
education programs; provided however, such use shall be subject to the rules,
regulations and policies of the BOARD and in compliance with all Federal,
State and local laws and school board policies now in effect and as modified
from time to time and posted on the school board's website at
www.palmbeach.k12.fl.us. The CITY recreation facilities which shall be
available for the use of Boynton Beach Community High School when not
required by the CITY for its programs shall include, but not be limited to, Hester
Community Center and Wilson Community Center Pool; provided however,
such use shall be subject to the rules, regulations and policies of the CITY, to
the extent they are consistent with the policies of the BOARD and in
compliance with all Federal, State and local laws.
4. All requests of Boynton Beach Community High School for use of
CITY recreation facilities shall be submitted in writing on the form identified as
"Attachment A", attached hereto and incorporated herein. All requests shall be
made by the Principal or his designated representative, of Boynton Beach
Community High School and directed to the Recreation Director of the Boynton
Beach Recreation Department, with copies of said request sent to the Assistant
Superintendent for Support Services and to the Assistant City Manager of the
CITY ("Director"). Conversely, all requests by the CITY for use of Boynton
Beach Community High School recreation facilities shall be made in writing on
the form identified as "Attachment A", attached hereto and incorporated herein.
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All requests shall be made by the Recreation Director and directed to the
Principal of Boynton Beach Community High School with copies of said request
sent to the Assistant City Manager and to the Assistant Superintendent for
Support Services.
To avoid scheduling conflicts, aid in planning, and assist in better
accommodation of requests, the CITY and BOARD shall submit all requests for
use of a facility to the other party at the earliest possible date; however, said
requests shall be made no less than thirty (30) days prior to the desired use
date. A response to said requests shall be received from the Principal or
Recreation Director no less than fifteen (15) days prior to the requested use
date and, if approved, shall include the estimated cost for use of the requested
facility. Said estimated cost shall be for informational purposes only and may
be taken into account when addressing the cost analysis of each party pursuant
to Paragraph I above. All requests for use shall be limited to those programs
and activities that are planned, organized, and supervised by the CITY or
BOARD or that of a permitted user group.
5. The CITY and BOARD shall identify in "Attachment B", attached
hereto and incorporated herein, any and all user groups who are to be
recognized as permitted users of CITY or BOARD and whose use of Boynton
Beach Community High School or the CITY recreation facilities under the terms
of this Agreement may be permitted. Use of recreation facilities by these user
groups shall depend on availability and shall occur at no cost. Said user
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groups shall be responsible for the coordination of such use with the Principal
or Recreation Director; however, the preliminary request for use of a recreation
facility shall be made in accordance with Paragraph 3 herein as a means of
verifying the sponsoring party's support of the activity. Upon mutual written
consent, "Attachment B" may be modified by the Assistant City Manager and
the School District's Chief Operating Officer. Each and every user group shall
provide proof of insurance naming both the BOARD and CITY as additional
insureds on said policy and shall indemnify the BOARD or CITY against any
and all claims that may be brought as a result of the requested use.
6. The BOARD and the CITY agree to cooperatively operate a
Community School Program at Boynton Beach Community High School, in
accordance with Chapter 239.401, Florida Statutes, The BOARD and the CITY
agree:
a. The CITY agrees to annually contribute the sum of $6,000 to
Boynton Beach High School toward the Community School
Program to assist in funding the the Community School Program
to include, but not limited to, the provision of supplies, equipment,
personnel and other similar services.
b. The CITY agrees to provide these funds no later than December
31 of each calendar year.
c. Payments and/or expenditures for the Community School support
by the CITY shall be made upon the condition that the same has
been budgeted in its duly approved budget for the fiscal year.
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d. The BOARD agrees to provide qualified full-time Community
School Assistant Principal to have responsibility for the
Community School Program. The Assistant Principal will be an
eo
employee of the School Board and responsible to the Principal of
the Boynton Beach Community High School.
The BOARD agrees to make available Boynton Beach
Community High School facilities necessary to meet the
Community School Program needs of the CITY when not required
by the High School. These facilities will be made available after
the conclusion of the regular School Program each day, and on
Saturdays and Sundays as needed. Priority use of the
Community School facilities shall be given to the scheduled
school day activities and to community use of the facilities.
The BOARD agrees to provide rent-free use of the Boynton
Beach Community High School facilities located in the CITY to
organizations that are permitted users as activities of the CITY.
7. CITY and BOARD shall provide adequate supervision, safety and
security, taking into consideration the types of activities planned, when using
the other's recreational facilities. When CITY swimming pools are utilized, the
party sponsoring the event or class is required to provide supervisors who are
certified in lifeguard training.
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8. CITY shall maintain and operate the CITY facility in compliance
with all codes, ordinances, and laws, and shall be responsible for proper
maintenance.
9. CITY and BOARD shall utilize the facilities and equipment of the
other in the manner, and to the extent and degree, intended for the particular
facility or equipment in use and shall leave such facilities and equipment in a
clean and orderly condition upon leaving the recreation facility.
10. CITY and BOARD agree that any problem or issue that cannot be
resolved between the BOARD's Principal and the CITY's Recreation Director
relative to the' mutual use of the recreation facilities governed by this
Agreement shall be referred by the Principal to the Area Superintendent and by
the Recreation Director to the Assistant City Manager. Such referral shall be
made within three (3) days from the date giving rise to the conflict with notice
being provided to the other party. The Area Superintendent and the Assistant
City Manager shall endeavor to resolve the issue within seven (7) days from the
referral date. In the event that a satisfactory resolution of the situation cannot
be achieved, the matter shall be referred to the City Manager and the
Superintendent of Schools.
11. Both parties are governed by the provisions of Florida Statute
768.28 and nothing contained in this agreement shall be deemed a waiver of
the protection thereof. Neither party shall be required to provide the other with
insurance coverage for utilization of facilities. Within the extent permitted by
law, BOARD shall indemnify and hold CITY harmless from and against any and
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all loss, cost, damage and/or claim on account of injury to persons or property,
arising out of the presence on or the use of CITY property by BOARD, its
employees, students, teachers, agents, and invitees. However, BOARD does
not indemnify CITY from and against any and all loss, cost damage and/or
claims due to CITY's negligence.
Within the extent permitted by law, CITY shall indemnify and hold
BOARD harmless from and against any and all loss, cost, damage and/ or
claim on account of injury to persons or property, arising out of the presence on
or the use of BOARD property by CITY, its employees, agents, and invitees.
However, CITY does not indemnify BOARD from and against any and all loss,
cost, damage and/or claims due to BOARD's negligence.
CITY and BOARD agree that this Paragraph shall survive the
termination of this Agreement.
12. In the event that litigation shall be necessary for the enforcement
of this Agreement on behalf of either party, then the prevailing party shall be
entitled to reasonable attorney fees and costs incurred in said litigation. This
Agreement shall be construed in accordance with the laws of the state of
Florida. Should any litigation arise from this Agreement, the venue for said
litigation shall be Palm Beach County.
13. This Agreement shall be modified only upon written agreement of
the parties with at least sixty (60) days written notice to the other party.
However, any and all Attachments attached hereto and incorporated herein
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may be modified upon mutual consent by the Assistant Superintendent for
Support Services and the Assistant City Manager.
14. This Agreement shall be for a term of one (1) year and shall be
automatically renewed on an annual basis beginning at the end of the initial
term. Either party may terminate this Agreement without cause upon ninety
(90) days written notice to the other party. Both parties hereto, their successors
and/or assigns shall be relieved of all liability hereunder except as provided in
Paragraph 10 herein.
15. All notices herein required shall be in writing. Any such notice
shall be deemed sufficiently delivered or served if served personally or sent by
the United States mail to the addresses set forth below:
As to CITY:
With copy to:
As to BOARD:
With copy to:
Recreation Director
City of Boynton Beach
100 E. Boynton Beach Blvd.
P.O. Box 310
Boynton Beach, FL 33425-0310
Assistant City Manager
City of Boynton Beach
Superintendent of Schools
School District of Palm Beach County
3340 Forest Hill Boulevard
West Palm Beach, FL 33406-5869
Assistant Superintendent for Support
Services
OR, IF APPROPRIATE:
Area Superintendent
16. This Agreement together with any addendum that may be
attached hereto and incorporated herein sets forth all the covenants, promises,
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agreements, conditions and understanding between the parties hereto. There
are no covenants, promises, agreements, conditions and understandings,
either oral or written, between the parties other than those herein set forth. No
Agreement shall be binding upon the parties, unless and until reduced to writing
and signed by both CITY and BOARD.
17. CITY and BOARD agree not to discriminate against any
person on the basis of race, color, religion, ancestry, national origin, age, sex,
marital status, sexual orientation or disability in the use of the recreation
facilities pursuant to this Agreement.
18. If any term or provision of this Agreement shall, to any extent, be
deemed invalid or unenforceable, the remainder of this Agreement shall be
valid and shall be enforced to the fullest extent of the law.
In their use of BOARD property, the CITY
19. and all CITY's
permitted users shall comply with all current BOARD policies. The School
Board policies are located on the internet at www. palmbeach.k12.fl.us/and are
incorporated herein. It shall be the CITY's responsibility to comply with all
BOARD policies as they may be modified from time to time during the term of
this beas~ Agreement.
IN WITNESS WHEREOF, this Agreement has been executed by the
parties herein on the day and year first above written.
ATTEST:
SCHOOL BOARD OF PALM BEACH
COUNTY, FLORIDA
By: ~-
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APPROVED AS TO FORM
AND LEGAL SUFFICIENCY
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY
By: '~~.~ .~~ By:
Oity Attorney
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Date:
Contact Person:
ATTACHMENT A
FACILITY REQUEST FORM
Document No.:
Address:
Zip
Telephone (Business): ( )
Facility Request: Choice Number 1
Choice Number 2
Activity:
Age Group:
MARK APPROPRIATE DAY(S) IN WHICH FACILITY WILL BE NEEDED:
( ) Mon. ( ) Tues. ( ) Wed. ( ) Thurs. ( ) Fri. ( ) Sat. ( ) Sun.
Dates:
Time: To:
( ) New Request
( ) Repeat Request- Date and Location of Previous Use:
Other Pertinent Information (As Necessary):
REQUESTING PRINCIPAL OR DIRECTOR OF RECREATION
( ) APPROVED ( ) DISAPPROVED $
DATE
PRINCIPAL OR DIRECTOR OF RECREATION
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ATTACHMENT B
CITY OF BOYNTON BEACH PERMITTED USERS
Boynton Beach City Department Sponsored Events
This may include, but not be limited to:
Boynton Beach Little League Association
Boynton Beach Bulldogs Football Association
Boynton Beach Senior Softball League
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