R93-153RESOLUTION NO. R93-/~
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 OF BOYNTON
BEACH AND THE SCHOOL BOARD OF PALM BEACH
COUNTY, FLORIDA FOR MUTUAL USE OF
RECREATION FACILITIES, WHICH AGREEMENT IS
ATTACHED HERETO AS EXHIBIT "A"; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, it is the intent of Part 1 of Chapter 163,
Florida Statues to encourage cooperation between local
governmenu units in the provision of services and facilities
for the needs of local communities; and
WHEREAS, the City Commission of the City of Boynton
Beach, upon recommendation of staff, has deemed it to be in
ihe best i~erests of the citizens and residents of the City
o enter into an Interlocal Agreement with The School Board of
alm Beach County, Florida for mutual use of recreation
facilities.
NOW, THEREFORE, BE IT RESOLVED BY THE CiTY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA THAT:
Section 1. The City Commission of the City of Boynton
Beach hereby authorizes and directs the Mayor and City Clerk
to execute an Interlocal Agreement between the City of Boynton
Beach and The School Board of Palm Beach County, Florida, to
provide for mutual use of recreation facilities, a copy of
said Agreement being attached hereto as Exhibit "A".
Section 2. This Resolution shall
immediately upon passage.
PASSED AND ADOPTED this .~/ day of
take effect
September, 1993.
ATTEST:
Ci~ Clerk
(Corporate Seal)
Auths ig. WP5
9/14/93
Ma~ Pro
Commissio
IN WITNESS WHEREOF, this Agreement has been executed by the
parties herein on the day and year first above written.
ATTEST:
Edward Harmening,
Mayor /
~City Attorh~y General Counsel
SCHOOL BOARD OF PALM BEACH COUNTY,
FLORIDA
Gall Bjork, Chair
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
INTERLOCAL AGREEHENTBETWEENTHE
CITY OF BOYNTON BEACH AND THE SCHOOL BOARD
FOR MUTUAL USE OF RECREATION FACILITIES
THIS AGREEMENT, entered into this day of
1993, betwee~-~HE 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").
WITNESS ETH:
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.
WHEREAS, the purpose of this Agreement is to enable the CITY
and BOARD to utilize facilities of the other at no cost; and
WHEREAS, the recreation facil£ties to be utilized by the CiTY
and BOARD include, but are not limited to, classrooms, gymnasiums,
playgrounds, swimming pools, athletic fields, auditoriums and
meeting areas} and
WHEREAS, the CITY and BOARD recognize the need and'benefit for
each party to utilize recreation facilities of the other thereby
minimizing the duplication and maximizing the availability of said
facilities~ and
WHEREAS', the CITY and BOARD desire to implement this Agreemen=
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. CITY and BOARD shall utilize the facilities of the other
at no cost to-either T~e be
utilized by the CITY and BOARD include, but are not limited to,
classrooms, gymnasiums, playgrounds, athletic
fields, auditoriums and meeting areas.
CITY and BOA~RD shallprep~ar,e and maintain a cost analysis
detailing the actual in prowiding facilities as
requested pursuant to CITY and BOARD shall
calculate the actual cost of each and every scheduled recreation
activity held on their respective property by app%¥i~g the direct
and indirect variables and/or components listed in "Attachment A",
attached hereto and incorporated herein. The direct and indirect
variables and/or components listed in "Attachment A, s~h~_!l be the
only criteria upon which CITY and BOARD calculate the actual cost
of providing requested recreation facilities. CITY and BOARD, shall
submit in writing its respective cost analysis to the other party
on a quarterly basis.
3. Ail BOARD recreation facilities shall be available for
use by CITY when not required by the BOARD for its public education
program; 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. All CITY recreation facilities
shall be available for use by BOARD when not required by the CITY
for its programs; provided however, such use shall be subject to
the rules, regulation~ and poi~cies~of the CITY and in compliance
with all Federal, State and local laws.
4. All requests by the BOARD for use of CITY recreation
facilities sha~l be submitted in writing on the form identified as
"Attachment B", attached hereto and incorporated herein. All
requests shall be made by the Principal of the respective school
and directed to the Recreation Superintendent of the Boynton Beach
Recreation and ParkDepartment, with copies of said request sent to
the Assistant Superintendent for Support SerVices and to the
Recreation and Parks Director of the CITY ("Director").
Conversely, all requests by the CITY for use of BOARD recreation
facilities shall be made in writing on the form identified as
"Attachment B", attached hereto and incorporated herein. All
requests shall be made by the Recreation Superintendent and
directed to the Principal of the requested recreation facility with
copies of said request sent to the Recreation and Parks Director
and to the Assistant Superintendent for Support Services.
To avoid scheduling conflicts, aid in planning, and assist in
better accommodation of requests, and 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 Superintendent 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
3
cost shall be for informational purposes only and may be taken into
account when addressing the cost analysis of each party pursuant to
Paragraph 1 above. All requests for use shall be limited to those
programs and agtivitiesthat are planned, organized, andsuperVised
by the. CITY or, BOARD or that of a~sanc~ioned affiliate.
5. The CITY and BOARD shall identify ini"Attachment C",
attached heret° and incorporated herein, any and all associated
user groups who. are to'be recognized ~as ~san~tioned affiliates of
CITY or BOARD and. whose use of the~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 except as provided in Paragraph 18 herein.
Said user groups shall be responsible for the coordination of such
use with the Principal or Recreation Superintendent; 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 C" may be modified by the Recreation and Parks
Director and the Assistant Superintendent for Support Services.
Each and every user group shall provide proof of insurance naming
either the CITY or BOARD as additional insured on said policy and
shall indemnify the CITY or BOARD 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 ~
Community School Program at Congress Community Middle School based
on the addendum identified as "Attachment D", attached hereto and
4
incorporated her~in.
7. CITY and BOARD shall provide adequate supervision, taking
into consideration the type of activities planned, when using the
other's recreat-ional 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.
8. 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.
9. CITY and BOARD agree that any problem or issue that
cannot be resolved between the BOARD's Principal and the CITY's
Recreation Superintendent 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
Superintendent to the Recreation and Parks Director, 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 Recreation and Parks Director 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.
10. 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 sha~l ~n~emnify and~ hold CITYha~rmlessf-rom and against any
and~att toss,' cest, damaqe 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. ~HowePer,~ BOARD does not-i~ndemnif~CtT~-t~rom and
against.any and al~ loss, cost~ damage and/or claimsrdue 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
termination of this Agreement.
this Paragraph shall survive the
11. 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. Venue for said litigation shall
be Palm Beach-County.
12. 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 may be modified upon mutual
consent by the Assistant Superintendent for Support Services and
the Recreation~and Parks Director.
13. 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 thisAgreement
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.
14. Ail notices
such notice shall be
served personally or
addresses set forth
As to CITY:
With copy to:
As to BOARD:
With copy to:
deemed
sent
herein required shall be in writing. Any
sufficiently delivered or served if
by the United States Mail to the
Recreation Superintendent
City of Bolrnton Beach
100 E. Boynton Beach Blvd.
P.O. Box 310
Boynton Beach, FL 33425-0310
Director of Recreation & Park Department
City of Boynton Beach
Superintendent of Schools
Palm Beach County
334D Forest Hill Boulevard
West Palm Beach, FL 33406-5869
Assistant Superintendent for Support
Services OR IF APPROPRIATE
Area Superintendent
15. CITY and BOARD recognize the benefits of mutual use of
below:
facilities for non-recreationa%-purposes. To achieve the maximum
use of their respective facilities, BOARD and CITY may request use
of the other's facilities for non-recreational activities which may
inciude, but not be limited to, public meetings, public hearings
and seminars._ Requests for non-~ecreational usage of the
facilities of the CITY or BOARD shall be directed to City Manager
and BOARD's Superintendent of Schools and shall be coordinated by
their respective designees.
16~ This Agreement together wit.h any
covenants, promises.,
between the parties hereto.
There are no
addendum that may be
.S~%s~ .fo~th~ all the
and understanding
covenants, promises,
agreements, conditionsamdunderstandings,
the parties 0~r than those
be binding upon the parties
reduced to writing and signed by both CITY a
17. CITY and BOARD,agree not to discriminate
either ora~ or written,
No
until
against any
person on the basis of race, color,~religion, ancestry, national
origin, age, sex, marital~ status, sexual orientatio~.~: <~r disability
in the use of the recreation facil, ities pursuant to t~s Agreement.
18. If any term or provision of this Agreemen~ 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.
19. The Parties hereto recognize that there may be pre-
existing leases between the School Board and third parties who may
be "user groups" as designated in Paragraph 4 of this Agreement.
Notwithstanding these pre-existing leases, nothing herein shall
prevent the School Board from honoring said leases up until
approval of this agreement by both parties, at which time all such
previous leases shall expire.
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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
Edward Harmening, Gall Bjork, Chair
Mayor
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
By: By:
City Attorney
General Counsel
ATTACHMENT B
FACILITY REQUEST FORM
Document No.:
Date:
Contact Person:
Address:
Teleph~
Facility Request:
Choice N%unber 1
Ch~iceNumber 2
Activity:
Age Group:
MARK APPROPRIATE DAY(S)
( )MOn. ( )Tues. ( )Wed.
Dates:
IN WHICH FACILITY WILL BE NEEDED:
( )Thurs. ( )Fri. ( ) Sat. ( ) Sun.
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
DAT~
PRINCIPAL OR DIRECTOR OF RECREATION
ATTACHMENT C
SANCTIONED AFFILIATES
Boynton Beach Little League Association
Boynton Beach Bulldogs Football ASsociation
ATTACHNEI~' D
ADDENDUM
The Board and ~he City agree:
To cooperatively operate a Community
Congress Community Middle SchOol.
School Program
at
services.
,000 to Congress
to
other similar
The City agrees to provide~,,these funds no later than December
31 of each calendar year.
e
Payments and/or expenditures for 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.
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
employee of the School Board and responsible to the Principal
of the School.
The Board agrees to make available those school facilities
necessary to meet the Community School Program needs. 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 Community School facilities shall
be given to scheduled day school activities and to community
use of the facilities.
The Board' agrees to provide rent-free use of school center
facilities located in the City to organizations which are
authorized as activities of the City.