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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 S:~Dlanning~Public\Data\lNTERGV-l~lLAS\0402b°yn.d°c 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 S:tPlanning\Public\Data\lNTERGV'r\lLAS\0402boyn.doc 2 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. S:\Planning~Dublic\Data\lNTERGVT~lLAS\0402b°yn'd°c 3 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 S:\Planning~°ubli¢\Data\lNTERGVT~lLAS\0402b°yn'd°c 4 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. S:~Dlan ning\Public\Data\l NTE RGV-P'I LAS\0402boyn.doc :~ 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. S:~Dlanning~Public\Data\lNTERGVT~lLAS\0402b°yn'd°c ~ 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 S:~Planning~Public\Data\INTERGV-l~lLAS\0402boyn.doc 7 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 S:\Pla nning\Public\Data\lNTERGVT~lLAS\0402boyn.doc ~ 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, S:~Dla nning\Pu blic\Data\lNTE RGV-I-~I LAS\0402boyn-doc ~) 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: ~- S:~Planning~Public\Data\lNTERGV'RILAS\0402boyn.doc ] 0 APPROVED AS TO FORM AND LEGAL SUFFICIENCY APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: '~~.~ .~~ By: Oity Attorney S:~Planning~Public\Data\lNTERGVT~lLAS\0402boyn.doc ~, ] 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 S:~:~lanning~Public\Data\lNTERGVT~lLAS\0402b°yn'd°c ] 2 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 S:~Planning~Public\Data\lNTERGVT~lLAS\0402boyn.doc ] ~