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RESOLUTION R04- O(oO
A RESOLUTION OF THE CITY OF BOYNTON BEACH,
FLORIDA, AUTHORIZING AND DIRECTING THE
MAYOR AND CITY CLERK TO EXECUTE AN
INTERLOCAL AGREEMENT BETWEEN THE CITY OF
BOYNTON BEACH AND THE SCHOOL BOARD OF
PALM BEACH COUNTY FOR MUTUAL USE OF
FACILITIES; 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 Interlocal Agreement for the mutual use of
recreational facilities; and
WHEREAS, the School Board and the City recognize the benefit of
cooperation in the provision of services and facilities for the needs of our
community; and
WHEREAS, 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 usage;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY
COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA,
THAT:
Section 1. The foregoing "Whereas" clauses are hereby ratified and
confirmed as being true and correct and are hereby made a specific part of this
Resolution upon adoption hereof.
Section 2. Upon recommendation of staff, this Commission does
hereby authorize and direct the City Manager to execute the Inteflocal
Agreement between the City and School Board of Palm Beach County, which
S:\ A\RESOXAgreements\lnterlocals\lnterlocal - School Board - recreational facilities.doc
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is attached hereto as Exhibit "A".
Section 2 That this
Resolution
shall become effective
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immediately upon passage.
PASSED AND ADOPTED this ~O day of April, 2004.
C~jLY OF BOYNT?? BEACH, FLORIDA
Co
ATTEST:
! Ci~er~-~' ~k
(Corporate Seal)
.~ ~: -:~' ' .- .'~
~ [7-. ,~..,~:.,::b ',.;.~ :.' ..
~A\RESOXAgreements\lnterlocals\lnterlocal - School Board - recreational facilities.doc
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
day of Ap~-~-
20 O'-( , between the City of Boynton Beach, a municipal corporation of the State 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.
WlTNESSETH
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 which 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; pavilions; community center; playgrounds; swimming pools;
tennis, racquetball and basketball courts; and athletic fields.
C. "City Manager" means the City Manager of the City of Boynton Beach, Florida
or his/her designee.
D. "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;
and
2. County activities and programs pursuant to the Interlocal Agreement
entered into by the Board and Palm Beach County dated October 15, 2003;
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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; and
2. Board activities and programs pursuant to this Agreement.
F. "Recognized Sports Provider" mean an organized recreation group or
organization identified in the attached Exhibit "A", which may be amended or supplemented
from time to time upon the mutual agreement of the Board's Chief Operating Officer and
the City Manager, without formal amendment hereto.
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; (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 following public schools are eligible to request use of
City Facilities pursuant to this Agreement:
1. Galaxy Elementary School
2. Rolling Green Elementary School
3. Poinciana Elementary School
4. Forest Park Elementary School
5. Crosspointe Elementary School
6. Congress Middle School
7. Boynton Beach 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 shall submit all requests for use of the Board Facilities in writing on
the form attached hereto as Exhibit"B" 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. If the Board Facilities to be used by the City include a football stadium,
the Board shall provide the City with an estimate of the Stadium Tax required to be
remitted to the Board pursuant to Board Policy 6.21, which is attached hereto and
incorporated herein as Exhibit "C". The amount of the Stadium Tax shall be based on the
per ticket charge in effect at the time of the use of the Board Facility and shall be subject to
adjustment based on actual documented costs and number of tickets sold for Stadium Tax
purposes.
D. The Board shall submit all requests for use of the City Facilities in writing on
the form attached hereto as Exhibit "B" to the City Manager, 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.
E. 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
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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.
F. 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 party maintaining the
third-party insurance shall maintain limits of not less than Five Hundred Thousand Dollars
($500,000) combined single limit for bodily injury or property damage and shall add the
other party as an additional insured to the commercial general liability policy, but only with
respect to negligence arising out of this Agreement that is not a result of the other party's
negligence. The additional insured endorsement for the City shall read "City Commission of
Boynton Beach, Florida, its Officers, Employees and Agents". The additional insured
endorsement for the Board shall read "The School Board of Palm Beach County, Florida,
its Officers, Employees and Agents". The parties agree additional insured endorsements
shall provide coverage on a primary basis. Claims-bill tailored coverage shall not be
considered third-party liability coverage for purposes of this Agreement. 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.
G. 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
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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.
H. 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.
I. The Facilities shall be surrendered by the party using the Facilities of the
other party in the same condition as they were accepted and shall cause to be removed
from the Facilities all waste, garbage and rubbish resulting from such party's use of the
Facilities.
J. In the event the Board Facility being used is a football stadium, the City shall
remit the required Stadium Tax to the Board in accordance with the requirements of this
Agreement within sixty (60) days of the date of use.
K. The Board acknowledges and agrees that the City may charge a fee for:
Use of the City's pool, including the water park, for summer and after-
school programs;
2.
Use of the City's picnic pavilions on holidays and weekends;
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 at no cost or expense to the City Recognized Sports
Providers according to the Priority of Use, except as otherwise provided for in this
Agreement. 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; (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. 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:
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1. provide proof of insurance for such coverages and amounts as may be
required by the Board's Director of Employee Benefits and Risk Management when Board
Facilities are to be utilized and name the Board as an additional insured;
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 anyway
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 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. pay a Stadium Tax to the Board pursuant to Board Policy 6.21, if
applicable.
C. 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.
D. 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 "B" to the
City Manager no less than forty five (45) days prior to the date the City Recognized Sports
Provider desires to use the Board Facility. The City Manager 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 Manager within fifteen (15) days of
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the date of the City Manager's request. In the event a request is denied, the reason for
denial shall be stated in the written response.
E. Notwithstanding any provision of this Agreement to the contrary, neither party
shall be obligated to make their Facilities available for use by the other for tournaments or
any events where admission or concession fees or charges will be collected or imposed.
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 which cannot be resolved between the Board's Principal
and the City Manager regarding the use or availability of a Facility, the dispute shall be
referred to the Board's Chief Operating Officer and the Assistant Director, Community
Services Department who shall both make a good faith effort to resolve the dispute.
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", "VVhere 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.
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 Section 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 Manager, City of Boynton Beach
P.O. Box 310
Boynton Beach, Florida, 33425-0310
IF TO BOARD:
School District of Palm Beach County
Director, Real Estate Services Department
3318 Forest Hill Boulevard
West Palm Beach, Florida 33406-5813
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15. Governing Law and Venue.
This Agreement shall be construed by and governed by the laws of the State of
Florida. All legal action necessary to enforce the Agreement will be held in Palm Beach
County.
16. Subordination to Bond and Grant Obliqations.
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.
17. Equal Opportunity Provision.
The parties agree that no person shall, on the grounds of race, color, sex, national
origin, disability, religion, ancestry, marital status, or sexual orientation 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 agreement, either written or oral,
relating to this Agreement. Notwithstanding the foregoing, the City and the Board
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recognize the existing agreement between the City and the Board dated November 6,
2002, titled "lnterlocal 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" (referred to as the "November 6, 2002 Agreement"). The
November 6, 2002 Agreement is in no way superceded, altered or diminished by this
Agreement, and in the event of any conflict of terms between the November 6, 2002
Agreement and this Agreement, the terms of the November 2, 2002 Agreement shall
prevail.
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.
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 filed 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 the both the parties, and
filed with the Clerk of the Circuit Court in and for Palm Beach County. The term of this
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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 non-renewal to the other party thirty (30) days prior to the expiration of the then
current term.
IN WITNESS WHEREOF, the parties hereto have affixed their signatures on the day and
year first above written.
CITY OF BOYNTON BEACH,
~ Jer/~' Ta~Mayor
ATTEST:
~Janet Prainito, City C
Date: ~"~-0 ~
SCHOOL BOARD OF
;on, Ph.D.
Schools
APPROVED AS TO FORM AND
LEGAL SUPF~CIE~
City Attorney
APPROVED AS TO FORM AND
' -S-ch6ol Board Attorney / '
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EXHIBIT "A"
City Recognized Sports Providers
1. City of Boynton Beach Sponsored Events
2. Boynton Beach Little League
3. Boynton Beach Police Athletic League (PAL)
4. Caloosa Park Softball Club
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THE CITY OF BOYNTON BEACH AND
THE SCHOOL BOARD OF PALM BEACH COUNTY
INTER-LOCAL FACILITY REQUEST FORM
Date
Phone Number
Contact Person
Fax Number
School Name (if applicable)
Other Contact Number
EXHIBIT "B"
Address
FACILITY REQUEST:
City State/ZIP
Choice #1
Choice #2
Age Group
Activity
Estimated Attendance:
Participants: Spectators:
Mark appropriate day(s) facilits' will be needed:
[3Monday [3Tuesday [3Wednesday
Date(s):
Total:
[3Thursday [3Friday ~Saturday [3Sunday
Time(s): From: am/pm
U New Request
[] Repeat Request:
Date and location of previous use:
Other pertinent information (as necessary):
to am/pm
[] Requesting Principal
[] Director of Recreation Services
Date
[] Approve [] Disapprove
Reason if disapproved:
[] Principal
[] Director of Recreation Services
Date
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EXHIBIT "C"
BOARD POLICY 6.21
FOOTBALL STADIUM TAX
1 .The Superintendent shall designate a percentage of all admissions sold to events held on the senior
high or full secondary school football fields of Palm Beach County Schools which will be charged and
placed in a "Stadium Tax" account in the internal accounts of the school.
a. This tax will not apply to the proceeds from concessions and printed programs. The tax will
apply to all schools using a senior high school or a full secondary school football field.
Season tickets sold will include the applicable tax for the number of events, which require the
stadium tax. This tax is to be made known to the public by signs which state the amount of
the stadium tax. Such signs shall be displayed prominently at each ticket booth.
b. Expenditures from the stadium tax account shall be made only after approval by the area
superintendent of an application submitted on the prescribed form. If approved the work
order will either be implemented by the plant planning department or plant planning will
approve the procedures suggested by the school. This fund will be utilized for general
upkeep of the football field.
Authority:
Implemented:
History:
120.53, 230.22(2), FS
120.53, 230.22(2), FS
1336; Revised: 4/6/83
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