R98-136RESOLUTION R9 8 -/~,
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 SCHOOL BOARD OF
PALM BEACH COUNTY, FLORIDA AS THE
GOVERNING BODY OF THE SCHOOL DISTRICT
OF PALM BEACH COUNTY, FLORIDA AND THE
CITY OF BOYNTON BEACH (CITY) PROVIDING
FOR A PARTNERSHIP TO PLACE AN ENHANCED
STATE OF THE ART, COMPUTER BASED VIDEO
TECHNOLOGY, IN CONGRESS MIDDLE SCHOOL;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Parties agree that the effective provision of
education to the residents of Palm Beach County is of paramount-
concern and utmost importance 'to the general welfare of the entire
South Florida community; and
WHEREAS, the Parties agree that the availability of computer
oriented technology is a fundamental element of the effective provision
of education for middle school students; and
WHEREAS, Congress Community Middle 'School is located
within the jurisdictional boundaries of the City of Boynton Beach; and
WHEREAS, the Parties have been diligently working to
coordinate and jointly participate in the design of a project .to place an
enhanced, state of the art, computer based video technology in
Congress Community Middle School located within the City; and
WHEREAS, the Parties have agreed that it is in the best
interests of the health, safety and welfare ,of the citizens of the County
and City, particularly the citizens of middle school age, to enter into
this Agreement, which will ensure that Congress Community Middle
School excels as a Math, Science and Technology magnet by the
addition of enhanced hardware and software technology;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY
COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA,
THAT:
Section 1. This Commission does hereby authorize and
direct the Mayor and City Clerk to execute an Interlocal Agreement
between Palm Beach County and the City of Boynton Beach providing
funding of not more than $100,000 to acquire hardware and software
as described in said Agreement, to be utilized in a computer based
video technolOgy.program at Congress Community Middle School. A
copy of the Interlocal Agreement is attached hereto as Exhibit "A".
Section2 That this Resolution shall become effective
immediately upon passage.
PASSED AND ADOPTED this ?~' day of August, 1998.
CITY OF BOYNTON BEACH, FLORIDA
Mayor
ATTEST:
)r
Mayor Pro Tem
//,/6~mrni¢ssion~r -
Commissioner
Cite' Clerk
9g- f3A7
INTERLOCAL AGREEMENT
BY AND BETWEEN
CITY OF BOYNTON BEACH
AND
THE SCHOOL BOARD OF PALM BEACH COUNTY, FLORIDA
as the governing body of
THE SCHOOL DISTRICT OF PALM BEACH COUNTY, FLORIDA
SCANNED
JAN .i. ; 2W2
f llerk c OtarE,
TABLE OF CONTENTS
PAGE
1.0 RECITALS
2.0 REPRESENTATIONS ...................... ...............................
3.0 OBLIGATIONS OF THE PARTIES 3
3.1 City's Obligations ................. ............................... 3
3.2 School Board's Obligations „ 4
3.3 Mutual Obligations ,,,, , 5
4.0 COMMENCEMENT DATE Li
5.0 NO IMPACT ON SCHOOL DISTRICT OBLIGATIONS AND DUTIES
5
6.0
GOVERNING LAW AND VENUE 6
7.0 NOTICE .............................................................. ...............................
8.0 BINDING AUTHORITY ..................................... ............................... 6
9.0 HEADINGS ........... ...................,,...,,.. ...,,..,.,.,...,..,,...... .,,,. ..,.,,,.. 6
.........
10.0 EXHIBITS. .......... ............................... ............................. ,.., ..z,... . 6
11.0 WAIVER
12.0 LEGAL REPRESENTATION
13.0 ATTORNEYS' FEES.
14.0 JOINT DEFENSE. ,,,,,,,,_„ .
15.0 ENTIRE AGREEMENT. '
16.0 PROVISIONS SEVERABLE. ,,,,p
17.0 NO THIRD -PARTY BENEFICIARY.
18.0 REMEDIES. ....................... S
19.0 COUNTERPART SIGNATURES. „,, u ,,, ,,,,, 8
INTERLOCAL AGREEMENT
THIS INTERLOCAL AGREEMENT (the "Agreement ") dated as of this day
of , 1998, entered into by and among the CITY OF BOYNTON BEACH,
FLORIDA, a municipal corporation created and existing under the laws of the State of
Florida, acting by and through its City Commission (the "City "), and THE SCHOOL
BOARD OF PALM BEACH COUNTY, FLORIDA (the "School Board "), acting as the
governing body of THE SCHOOL DISTRICT OF PALM BEACH COUNTY, FLORIDA
(the "School District "), collectively, the "Parties," with their participation evidenced by the
signature of their authorized representatives.
WITNESSETH:
WHEREAS, the Parties agree that the effective provision of education to the
residents of Palm Beach County is of paramount concern and utmost importance to the
general welfare of the entire South Florida community; and
WHEREAS, the Parties agree that the availability of computer oriented technology
is a fundamental element of the effective provision of education for middle school
students; and
WHEREAS, Palm Beach County (the "County ") has experienced extraordinary
annual growth in its student population and anticipates such growth to continue for the
next several years. Existing revenue sources available to the School Board for capital and
program expenditures have not been sufficient to meet the need for capital improvements
or program expansion necessitated by this rapid growth; and
WHEREAS, the School Board has adopted, and periodically reviews and updates,
a five (5) year capital plan reflecting projected revenue available for capital expenditures
and the allocations of those revenues for the ensuing five (5) year period (the "Capital
Plan "). In adopting the Capital Plan, the School Board seeks to equitably allocate the
limited funds available to the School Board for capital projects in each of the geographic
areas within the County. Consistent with Florida Statutes, the School Board may amend
the Capital Plan to include new projects or programs if it determines that, in addition to a
significant need for the new project, a material economic benefit can be realized and
benefits the entire School District by including the new project at that time; and
WHEREAS, Congress Community Middle School is located within the jurisdictional
boundaries of the City of Boynton Beach; and
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WHEREAS, The City Commission is committed to improving all of the schools
located in the municipal boundaries of the City of Boynton Beach, and, to the extent
permitted by law committing City resources to improve, advance and accelerate capital
and operational programs at those schools.
WHEREAS, the Parties have been diligently working to coordinate and jointly
participate in the design of a project to place an enhanced, state of the art, computer
based video technology in Congress Community Middle School located within the City;
and,
WHEREAS, this Agreement seeks to accelerate that portion of the School Board's
plan regarding a Math, Science and Technology Magnet at Congress Community Middle
School and a proposal by the City to provide significant material economic cooperation
and coordination to expedite the acquisition of certain computer hardware and software
by City for placement in Congress Community Middle School; and,
WHEREAS, in this Agreement the Parties have addressed the School Board's
concerns with respect to equitably allocating funds throughout the County and requiring
material economic benefit to amend its existing Capital Plan, and the School Board has
determined that it is in the best interests of the School District and the people of the
County, including residents of the City, to proceed with the City in a partnership for
technology for Congress Community Middle School; and
WHEREAS, the Parties have agreed that it in the best interest of the health,
safety and welfare of the citizens of the County and the City, particularly the citizens of
middle school age, to enter into this Agreement, which will ensure that Congress
Community Middle School excels as a Math, Science and Technology magnet by the
addition of enhanced hardware and software technology; and,
WHEREAS, Part I of Chapter 163, Florida Statutes, as amended (the "Interlocal
Cooperation Act "), permits the Parties, as public agencies under the Interlocal Act, to
enter into interlocal agreements with each other to authorize one governmental party to
exercise, on behalf of the other governmental units, jointly held powers, privileges or
authorities which each such governmental units share in common and which each might
exercise separately, permitting the governmental units to make the most efficient use of
their power by enabling them to cooperate on a basis of mutual advantage and thereby
provide services and facilities in a manner and pursuant to forms of governmental
organization that accords best with geographic, economic, population, and other factors
influencing the needs and development of such governmental units.
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NOW, THEREFORE, FOR AND IN CONSIDERATION of the mutual covenants
and agreements hereinafter set forth, the Parties hereto agree as follows:
1.0 RECITALS. The recitals set forth above are true and correct and are
hereby incorporated herein by reference. All exhibits to this Agreement are hereby
deemed a part hereof.
2.0 REPRESENTATIONS.
2.1 The City hereby represents to the School Board that it has the authority,
pursuant to the Act, to execute any and all documents necessary to effectuate and to
implement the terms of this Agreement.
2.2 The School Board hereby represents to the City that it has the authority,
pursuant to the Act, to execute any and all documents necessary to effectuate and to
implement the terms of this Agreement.
3.0 OBLIGATIONS OF THE PARTIES
3.1 City's Obligations. Immediately following the commencement date as
hereinafter defined, the City shall:
3.1.1 Appropriate not more than $100,000.00 to acquire the hardware and
software listed on Schedule "A" attached hereto to be utilized in a computer based video
technology program at Congress Community Middle School.
3.1.2 Provide to the School Board, solely for use at Congress Middle
School the hardware and software referenced in paragraph 3.1.1.
above. In the event the School Board does not implement
and maintain a math and science technology magnet
program at Congress Middle School, the hardware and
software shall be returned to the City of Boynton Beach.
3.1.3. Within the extent permitted by law, the City shall indemnify and hold
School District harmless from and against any and all loss, suit,
action, legal or administrative proceeding, claim, demand, damage,
liability, interest, attorney's fee, cost and /or expense of whatsoever
kind or nature arising in any manner directly or indirectly related to
the use of Congress Middle School by the City or the public.
However, the City does not indemnify the School District from and
against any and all loss, suit, action, legal or administrative
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proceeding, claim, demand, damage, liability, interest, attorney's fee,
cost and /or expense due to the School District's negligence or willful
misconduct. The liability limits set forth in Section 769.28, Florida
Statutes, shall not be waived.
3.1.4 Prior to execution of this Agreement by the School District, City
shall provide either a certificate evidencing insurance coverages as
required herein or a statement of self insurance from the City's Risk
Manager. City shall, during the term of this Agreement and any
extension hereof, maintain in full force and effect, self- insured or
commercial general liability insurance, including contractual liability
and completed operations liability, in the amounts specified in
Section 768.28, Florida Statutes, to specifically cover all exposures
associated with the City's use of the facilities and terms and
conditions of this Agreement. Where permissible with respect to
the above coverage, such policy shall include School District as
additional insured. All policies shall contain a clause providing the
School District as additional insured. All policies shall contain a
clause providing the School District with at least thirty (30) days
prior notice in the event of cancellation, non - renewal, or material
adverse change in coverage. Compliance with the foregoing
requirements shall not relieve City of its liability and obligations
under this Agreement.
3.2 School Board's Obligations. The School Board shall:
3.2.1 Authorize all School Board personnel, including but not limited to the
Superintendent or his designee, to execute any and all documents necessary to proceed
with the Math, Science and Technology (MST) magnet at Congress Community Middle
School.
3.2.2 Implement and oversee the progress of the Math, Science &
Technology (MST) Magnet for Congress Community Middle School to ensure that the
MST magnet commences at the start of the 1998 -1999 School year and is continued
thereafter for no less than five (5) years. The lease program shall be designed to
increase student access to technology at a level exceeding the standard level of access by
middle school students in Palm Beach County.
3.2.3 Maintain, in good working order, the equipment listed on Schedule
\ \ A //
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3.2.4 The School District shall, during the term of this Agreement, maintain
in full force and effect self insurance in the amount specified in Section 768.28, Florida
Statutes, to specifically cover the loss /destruction of the equipment listed on Schedule
3.2.5 Allow use of Congress Community Middle School for at least two (2)
public meetings a year together with use of the equipment ndcr lcase, to showcase the
school and the benefits associated with a Math, Science, and Technology magnet, in a
public hearing setting.
3.2.6 Provide instruction to students to facilitate the preparation of two (2)
multimedia presentations per year promoting or highlighting a City program or function.
The presentation shall be coordinated with the City's ITS department and students shall
participate in conducting the presentation at a regular, special, or workshop meeting of
the City Commission.
3.3 Mutual Obligations. Immediately following the commencement date as
hereinafter defined, the Parties shall:
3.3.1 Ensure that all documents, of any nature, necessary to effectuate the
terms, conditions, and provisions of this Agreement, are executed in a timely fashion to
ensure the immediate start of the MST magnet at Congress Community Middle School.
3.3.2 Upon acquisition of the requisite hardware and software referred to
in Section 3.1.3, execute any and all requisite documents,
Ic a c for the hardware and software on mutually agreeable terms and conditions.
4.0 COMMENCEMENT DATE. The Commencement Date of this Agreement
shall be the date shown herein below when the last party to this Agreement has
executed same.
5.0 NO IMPACT ON SCHOOL DISTRICT OBLIGATIONS AND DUTIES.
The implementation of this Agreement will in no way obligate the School District nor will it
infringe upon the School District's constitutional duties or other requirements which are
mandated by law. This includes, but is not limited to: setting school attendance
boundaries; selecting school sites; planning, designing, and constructing facilities;
educational curriculum or operation of the schools; and the implementation of the
Consent Agreement for desegregation. It is understood that schools which are physically
located in the City can and probably will also serve students that reside outside the City
limits. Furthermore, students living outside the City of Boynton Beach may be assigned to
the School.
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6.0 GOVERNING LAW AND VENUE. This Agreement and all agreements
incorporated here shall be governed by the laws of the State of Florida. Should any legal
action be required, pursuant to this Agreement and all agreements incorporated herein,
venue shall be in Palm Beach County, Florida.
7.0 NOTICE. Whenever any party desires to give notice unto any other party,
it must be given by written notice, sent by registered United States mail, with return
receipt requested, addressed to the party for whom it is intended and the remaining
party, at the places last specified, and the places for giving of notice shall remain such
until they shall have been changed by written notice in compliance with the provisions of
this section. For the present, the SCHOOL BOARD and the CITY designate the following
as the respective places for giving of notice.
City: Kerry L. Willis
City Manager
City of Boynton Beach
100 E. Boynton Beach Boulevard
Boynton Beach, Florida 33435
Copy To: James A. Cherof, Esquire
City Attorney
Josias, Goren, Cherof, Doody & Ezrol, P.A.
3099 East Commercial Boulevard, Suite 200
Fort Lauderdale, Florida 33308
School Board:
Superintendent of Schools
, Associate Superintendent
The School Board of Palm Beach County
8.0 BINDING AUTHORITY. 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.
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9.0 HEADINGS. Headings herein are for the convenience of reference only
and shall not be considered on any interpretation of this Agreement.
10.0 EXHIBITS. Each Exhibit referred to in this Agreement forms an essential
part of this Agreement. The exhibits if not physically attached should be treated as part of
this Agreement and are incorporated herein by reference.
11.0 WAIVER. Failure of the City or School Board to insist upon strict
performance of any covenant or condition of this Agreement, or to execute any right
herein contained, shall not be construed as a waiver or relinquishment for the future of
any such covenant, condition or right, but the same shall remain in full force and effect.
12.0 LEGAL REPRESENTATION. It is acknowledged that each party to this
Agreement had the opportunity to be represented by counsel in the preparation of this
Agreement and accordingly the rule that a contract shall be interpreted strictly against the
party preparing same shall not apply herein due to the joint contributions of both parties.
13.0 ATTORNEYS' FEES. In connection with any litigation, including appellate
proceedings, arising out of this Interlocal Agreement, the prevailing party shall be entitled
to recover reasonable attorneys' fees and costs, including paralegal expenses, from the
other party.
14.0 JOINT DEFENSE. In the event that the validity of this Agreement is
challenged through legal proceedings or otherwise, the Parties agree to cooperate with
each other in defense of this Agreement, with each Party to bear its own attomey's fees
and costs associated with such defense.
15.0 ENTIRE AGREEMENT. This Agreement sets forth all the promises,
covenants, agreements, conditions, and understandings between the Parties hereto, and
supersedes all prior and contemporaneous agreements, understandings, inducements or
conditions, expressed or implied, oral or written, except as herein contained.
16.0 PROVISIONS SEVERABLE. This agreement is intended to be performed
in accordance with, and only to the extent permitted by, all applicable laws, ordPnances,
rules, and regulations of the jurisdiction in which the Parties do business. If any provision
of this Agreement or the application thereof to any person or circumstance shall, for any
reason or to any extent, be invalid or unenforceable, the remainder of this Agreement and
the application of such provision to other persons or circumstances shall not be affected
thereby, but rather shall be enforced to the greatest extent permitted by law.
17.0 NO THIRD - PARTY BENEFICIARY. This Agreement is made solely and
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specifically among and for the benefit of the Parties hereto, and their respective
successors and assigns subject to the express provisions hereof relating to successors
and assigns, and no other person shall have any rights, interest, or claims hereunder or
be entitled to any benefits under or on account of this Agreement as a third -party
beneficiary or otherwise.
18.0 REMEDIES. Each party hereto recognizes and agrees that the violation of
any term, provision, or condition of this Agreement may cause irreparable damage to the
other Parties which may be difficult to ascertain, and that the award of any sum of
damages may not be adequate relief to such parties. Each party, therefore, agrees that,
in addition to other remedies available in the event of a breach of this Agreement, any
other party shall have a right to equitable relief, including, but not limited to, the remedy
of specific performance.
19.0 COUNTERPART SIGNATURES. This Agreement may be executed in one
or more counterparts, each of which shall be deemed an original but all of which together
will constitute one and the same instrument.
IN WITNESS HEREOF, this Interlocal Agreement has been executed by the
Parties this tr day o 1998, effective upon filing with the Clerk of the Court
in the 17th iudicial Cir' uit i accordance with the provisions of the Interlocal Cooperation
Act.
THE SCHOOL BOARD OF PALM BEACH
COUNTY, FLORIDA, as the Governing Body of
the SCHOOL DISTRICT OF PALM BEACH
COUNTY
(SEAL.)
BY: , ' C f. , t
ATTEST: CHAIRPERSON
(-1' .:d iiw . DATE:--
SUPERI NDENT ,,i t
J J
APPROVED AS TO FORM AND LEGAL
SUFFICIENCY:
BY:
SCHOOL BOARD ATTORNEY
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STATE OF F /De, )
)ss
COUNTY OF & //i7,41
THE FOREGOING INSi RUMENT was acknowledged before me this /V day of
S'ep / ?rn J fee_ , 1998, by Mayor Gerald Taylor, who is personally known to me
or has produced as identification. }, �/�
)er /l L alto,
NOTARY PUBLIC
4 Ni a Barbara M. Madden
7 6Commission # CC 760467
„ 0 Expires July lk 7nn2
Print or Type BONDEDTHRU
ATLANTIC BONDING CO.. INC.
My Commission Expires:
5 0:Mgr\Congress ILA Rev (Final)
8/10/98, Rev. W19/98
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i = CITY OF BOYNTON BEACH, acting by and
' x. ° through its City Commission
(SEAL)
BY:
ATTE vIlli,to
MAYOR, GERALD TAYLOR
DATE: 9`%4/78
CLLRK SUE KRUSE
APPROV ID AS '0 FORM AND LEGAL
SUFFI ; 1 CY:
BY: •
JAM A. CHER• ,f
CITY ATTORNEY
STATE OF )
)ss
COUNTY OF )
T '
THE FOREGOING INSTUMENT was acknowledged before me this j day of
, 1998, by t k \ f t k , Chairman of the Palm Beach
County-School Board, who is personally known to me
- as- tdenttfltation.
( - IOTARY PUBLrC
Print or Type Name
My Commission Expires:
AuCIA MARIE HIGHTOWER
Mv' COMMISSION # CC413847 rXP1R( -'
October 6 1998
i dar,_ rHo rt. , , , Ft IN% 11 RAh,
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/, 13'.
11 . $OOL A THE SCHOOL DISTRICT DR. JO. KOWAL
1-1 f ` OF PALM BEACH COUNTY, FLORIDA SU�
SCHOOLS
�
C) PLANNING & REAL ESTATE
3320 FOREST HILL BOULEVARD, C -331
WEST PALM BEACH, FL 33406 -5813
9Z M BEACH COe!,) (561) 434 8020 FAX (561) 434 8187
August 28, 1998
g
Ms. April Lamons, Clerk
City of Boynton Beach
100 East Boynton Beach Boulevard
PO Box 310
Boynton Beach, Fl 33425 -0310
Re: Interlocal Agreement between City of Boynton Beach and Palm Beach County School Board
Dear Ms. Lamons:
Enclosed are two original agreements regarding the above subject. These agreements were
approved by our Board at their August 19, 1998 meeting. After they have been signed by the City,
please return one fully executed original agreement for our files.
Thank you for your continued support of our students and schools.
Sincerely,
11 MILej
Liyida H. Hines
Director
Planning and Real Estate
LHH:cd
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Enclosures
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An Equal Education Opportunity Provider and Affirmative Action Employer