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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. 8 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.