W I T N E S S E T H :

Transcription

1 INTERLOCAL AGREEMENT BETWEEN THE GREATER BOCA RATON BEACH AND PARK DISTRICT AND THE SCHOOL BOARD OF PALM BEACH COUNTY FOR FUNDING OF THE BOCA RATON MIDDLE SCHOOL ATHLETIC FIELD LIGHTING FACILITIES THIS INTERLOCAL AGREEMENT, made and entered into this day of, 200_9_, by and between THE SCHOOL BOARD OF PALM BEACH COUNTY, FLORIDA, a Public School Corporation, hereinafter referred to as the SCHOOL BOARD, and the GREATER BOCA RATON BEACH AND PARK DISTRICT, an Independent Special District of the State of Florida, hereinafter referred to as the DISTRICT. W I T N E S S E T H : WHEREAS, the SCHOOL BOARD is the controlling body of the School District of Palm Beach County, Florida, and does own and operate schools within the jurisdiction of the DISTRICT, specifically the BOCA RATON MIDDLE SCHOOL, hereinafter referred to as the SCHOOL ; and WHEREAS, it is a legislative purpose of the DISTRICT to develop, operate and maintain park and recreation facilities; and WHEREAS, Fla.Stat authorizes governmental entities to enter into interlocal agreements; and WHEREAS, Fla.Stat , declares it the policy of the State to require the coordination of planning between school boards and local governing bodies; and WHEREAS, the SCHOOL BOARD approved Five Year Capital Plan identified the need for the SCHOOL; and WHEREAS, the SCHOOL BOARD owns and will operate the SCHOOL in the City of Boca Raton; and WHEREAS, both the SCHOOL BOARD and the DISTRICT agree that there exists a public need in the SCHOOL area for park, recreation and athletic field facilities for the use and enjoyment of the residents served by both the DISTRICT and the SCHOOL BOARD; and WHEREAS, there is available at said SCHOOL sufficient land area for the installation of the Athletic Field Facilities for the mutual benefit of people residing in the DISTRICT and the SCHOOL BOARD S public education programs; and L:\Planning\Public\INTERGOV\Schools\Middle Schools\Boca Raton\BRMSAmended Agreement.doc

2 WHEREAS, the SCHOOL BOARD is developing tennis and basketball courts at the SCHOOL (hereinafter Athletic Field Facilities ); and WHEREAS, the SCHOOL BOARD and the DISTRICT agree that it is in their mutual interest to cooperatively enhance the Athletic Field Facilities at the SCHOOL by providing lighting for the Athletic Field Facilities; and WHEREAS, it is desirable that sufficient and improved Athletic Field Facilities be provided for use by the SCHOOL BOARD and DISTRICT; and WHEREAS, the DISTRICT supports construction of improvements to the Athletic Field Facilities for shared use; and WHEREAS, the SCHOOL BOARD and DISTRICT shall work together to construct the lighting for the Athletic Field Facilities; and WHEREAS, the SCHOOL BOARD construction costs for the lighting of the Athletic Field Facilities improvements will be reimbursed by the DISTRICT; and WHEREAS the SCHOOL BOARD shall maintain the lighting improvements for the Athletic Field Facilities; WHEREAS the SCHOOL BOARD s maintenance costs for the lighting, improvements for the Athletic Field Facilities will be reimbursed by the DISTRICT: NOW, THEREFORE, in consideration of the mutual covenants, promises and representations contained herein, the parties agree as follows: I. General: 1. The foregoing recitals set forth above are true and correct and incorporated herein by reference. 2. For the purposes of this Agreement, the term Athletic Field Facilities shall mean the tennis and basketball courts at Boca Raton Middle School. II. School Board Obligations: 1. The SCHOOL BOARD shall plan, design and construct the Athletic Field Facilities improvements to be located at the SCHOOL, including but not limited to, lighting, fencing, bleachers, irrigation system and bathrooms as generally set forth on the conceptual site plan attached hereto as Exhibit A. 2. The SCHOOL BOARD shall pay all charges for operation and maintaining of the Athletic Field Facilities. L:\Planning\Public\INTERGOV\Schools\Middle Schools\Boca Raton\BRMSAmended Agreement.doc 2

3 3. The SCHOOL BOARD shall regularly inspect the Athletic Field Facilities for dangerous conditions prior to using them for SCHOOL activities and correct any such conditions. 4. Following the completion of construction of the lighting of the Athletic Field Facilities, the SCHOOL BOARD, shall regularly inspect and maintain the lighting in a good and safe condition and provide all maintenance and repair to the field lighting. The SCHOOL BOARD shall make normal repairs within ten (10) days of becoming aware of the condition and shall make emergency repairs as soon as practicable after becoming aware of the condition. 5. The SCHOOL BOARD shall provide adequate security and supervision of its own activities to prevent bodily harm to the users and damage to the Athletic Field Facilities and the SCHOOL, taking into consideration the types of activities planned. III. District Obligations: 1. The DISTRICT shall reimburse the SCHOOL BOARD for the actual costs of construction of the lighting of the Athletic Field Facilities, currently estimated at approximately $250,000. The SCHOOL BOARD shall provide periodic billings to the DISTRICT for reimbursement as the construction work of the lighting is completed, and the DISTRICT shall pay it within fifteen (15) days of receipt. Each billing shall be based upon a payment application from the SCHOOL BOARD S contractor that has been approved for payment by the SCHOOL BOARD. Reimbursement of the final payment to the SCHOOL BOARD S contractor shall be within fifteen (15) days of receipt of a billing indicating that the completed project has been accepted by the SCHOOL BOARD. 2. The DISTRICT shall reimburse the SCHOOL BOARD for the actual costs of maintenance of the Athletic Field Facilities lighting, including normal repairs. Such reimbursement shall be made within thirty (30) days from receipt by the DISTRICT of an invoice from the SCHOOL BOARD, detailing those items of maintenance or repair incurred by the SCHOOL BOARD. 3. The DISTRICT shall pay all power bills associated with the Athletic Field Facilities lighting through its own meter that is separate from the SCHOOL S meter. 4. The DISTRICT shall provide adequate security and supervision of its own activities to prevent bodily harm to the users and damage to the Athletic Field Facilities and the SCHOOL, taking into consideration the types of activities planned. L:\Planning\Public\INTERGOV\Schools\Middle Schools\Boca Raton\BRMSAmended Agreement.doc 3

4 5. Prior to the use of the Athletic Field Facilities by any of the DISTRICT S approved user groups ( DISTRICT USER GROUPS ), the DISTRICT shall require that each DISTRICT USER GROUP: (a) Provide proof of insurance or adequate evidence of selfinsurance for such coverage s and amounts as may be required by the DISTRICT and SCHOOL BOARD S Director of Employee Benefits and Risk Management and name the SCHOOL BOARD and DISTRICT as an additional insureds; (b) Protect, defend, reimburse indemnify and hold the DISTRICT and SCHOOL BOARD, their 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 any way connected to the DISTRICT USER GROUP S use of the Athletic Field Facilities; (c) Provide adequate supervision of its own activities to prevent bodily harm to the users or damage to the Athletic Field Facilities and the SCHOOL, taking into consideration the types of activities planned; (d) Remove all waste, garbage and rubbish resulting from their use of the Athletic Field Facilities. 6. All DISTRICT employees and contractual personnel (vendors, individuals, or entities) under contract with the DISTRICT who are permitted access to the Athletic Field Facilities when students are present, who have direct contact with students or who have access to or control of school funds must undergo level 2 screening. Level 2 screening consists of fingerprinting and a background check, as set forth in Section , Florida Statutes. The DISTRICT shall insure that all DISTRICT employees and contractual personnel undergo a background check and fingerprinting if he/she is an individual who meets any of the above conditions and to require that all employees and contractual personnel who meet any of the above conditions submit to a background check, including fingerprinting by the School Board s Police Department, at the sole cost of the DISTRICT or the contractual personnel. No DISTRICT employee or contractual personnel shall be permitted access to the Athletic Field Facilities when students are present, to have direct contact with students or to have access to or control of school funds until he or she receives notice of clearance by the School Board. Neither the School Board, nor its members, officers, employees, nor agents, shall be liable under any legal theory for any claim whatsoever for the rejection of any DISTRICT employee or contractual personnel (or discontinuation of the DISTRICT employee s or contractual personnel s services) on the basis of these compliance obligations. The DISTRICT agrees that no DISTRICT employee or contractual personnel who meets the above conditions and who has been convicted or who is currently under investigation for a crime L:\Planning\Public\INTERGOV\Schools\Middle Schools\Boca Raton\BRMSAmended Agreement.doc 4

5 delineated in Section , Florida Statutes, will be permitted access to the Athletic Field Facilities when students are present, who have direct contact with students or who have access to or control of school funds. IV. Use of Facilities by the Parties: 1. The SCHOOL BOARD agrees to make the Athletic Field Facilities available for use by the DISTRICT, its residents and the DISTRICT S approved user groups ( DISTRICT USER GROUPS ) according to the Priority of Use set forth below. The DISTRICT, its residents and DISTRICT USER GROUPS use of the Athletic Field Facilities shall be subject to and in accordance with: (i) the terms and conditions of this Agreement; (ii) the SCHOOL BOARD S rules, regulations and policies governing the use of the Athletic Field Facilities; and (iii) all applicable local, state and federal laws. 2. For purposes of this Agreement, Priority of Use means the priority of uses when there are conflicting requests for the use of the Athletic Field Facilities. The Priority of Use shall be as follows: (a) (b) (c) SCHOOL activities and programs shall have exclusive use during times when school is in session and ending by 6:00 P.M. on weekdays. The DISTRICT or DISTRICT USER GROUPS shall have first priority use after 6:00 P.M. on weekdays. County activities and programs pursuant to the Interlocal Agreement entered into by the School Board and Palm Beach County dated December_ 02, 2008, as renewed, extended or replaced from time to time. Deleted: exclusive (d) For use on holidays and weekends, the SCHOOL and DISTRICT shall, on an annual basis, mutually agree on a schedule of use for the Athletic Field Facilities with the general intent being that the DISTRICT shall have priority of use during weekends and holidays and that the SCHOOL shall have use of the Athletic Field Facilities for special SCHOOL activities and programs. A schedule for use of the Athletic Field Facilities on weekends and holidays shall be agreed to in writing by the SCHOOL S Principal and the DISTRICT S Executive Director, or his or her designee, on or before October 1 or each year of the following twelve (12) months. L:\Planning\Public\INTERGOV\Schools\Middle Schools\Boca Raton\BRMSAmended Agreement.doc 5

6 V. Liability: The parties recognize their respective liability for certain tortuous acts of their agents, officers, employees and invitees, and agree to be responsible respectively for all claims, liability, losses, and/or causes of action that may arise from any negligent act or omission due to the acts of its agents, servants, or employees, to the extent and limits provided by law, said governmental entities subject to the limits provided in Section , Florida Statutes, the State of Florida s partial waiver of Sovereign Immunity; provided, however, that this provision shall not be construed as a waiver of any right or defense that the governmental entities have under said statute. Each party covenants to maintain sufficient professional, general liability and worker s compensation coverage, unless self-insured, regarding its respective liability, throughout the term of this Agreement. VI. Miscellaneous: 1. 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 in equity, including but not limited to, the right to terminate this Agreement and seek damages, if any. 2. This Agreement shall continue for a period of twenty-five (25) years from the date hereof. Either party may terminate this Agreement for convenience by giving the other party ninety (90) days prior written notice of the party s intent to terminate for convenience. If the SCHOOL BOARD terminates this Agreement for convenience, SCHOOL BOARD shall reimburse DISTRICT for the costs incurred by DISTRICT in constructing the lighting for the Athletic Field Facilities less depreciation using a straight-line depreciation method on a monthly basis. The monthly depreciation amount shall be determined by dividing the total cost of the lighting for the Athletic Field Facilities as documented by DISTRICT by one hundred twenty (120) months. The amount due the DISTRICT shall be determined by subtracting the product of the number of months that have expired since the commencement of this Agreement by the monthly depreciation amount from the original total cost. [Total Cost minus (Total Cost divided by 120 months times number of months expired since this Agreement was approved by both parties)]. 3. Upon expiration of this Agreement, any movable equipment owned by the DISTRICT shall remain the property of the DISTRICT and shall be removed at the expense of the DISTRICT. Any improvements and fixtures that are attached to the Athletic Field Facilities shall remain the property of the SCHOOL BOARD. L:\Planning\Public\INTERGOV\Schools\Middle Schools\Boca Raton\BRMSAmended Agreement.doc 6

7 4. The DISTRICT agrees not to assign this Agreement or any part hereof to a third party, other than the City of Boca Raton ( City ), without the written consent of the SCHOOL BOARD. In the event this Agreement is assigned to the City, such assignment shall not be effective until the City affirmatively assumes all obligations and responsibilities of the DISTRICT by resolution of the City Council. 5. Each party s performance and obligations under this Agreement shall be contingent upon approval by both party s governing body. 6. 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 DISTRICT: Executive Director Greater Boca Raton Beach and Parks District 300 South Military Trail Boca Raton, FL IF TO BOARD: Superintendent of Schools Palm Beach County School Board 3300 Forest Hill Boulevard West Palm Beach, FL This Agreement shall be construed by and governed by the laws of the State of Florida. Any and all legal action necessary to enforce the Agreement will be held in Palm Beach County. 8. 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. 9. The captions and section designations set forth herein are for convenience only and shall have no substantive meaning. 10. 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. In the event that it is held by a court of competent jurisdiction that the SCHOOL BOARD does not have the authority to enter into this Agreement based upon the terms contained herein, the SCHOOL BOARD shall reimburse to the DISTRICT all costs paid by the DISTRICT to the SCHOOL L:\Planning\Public\INTERGOV\Schools\Middle Schools\Boca Raton\BRMSAmended Agreement.doc 7

8 BOARD for the Initial Planning and Design Costs and the construction costs of the Athletic Field Facilities as described herein. 11. 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. 12. Exhibits attached hereto and referenced herein shall be deemed to be incorporated into this Agreement by reference. 13. 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. 14. Neither party shall be considered the author of this Agreement since the parties have participated in extensive negotiations, 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. 15. A copy of this Agreement shall be filed with the Clerk of the Circuit Court in and for Palm Beach County pursuant to Section (11), Florida Statutes. 16. Nothing herein shall be deemed to be a pledge of the ad valorem taxing power of the DISTRICT, nor may any person compel the levy by the DISTRICT of ad valorem taxes pursuant to this Agreement, it being the intent of the parties that this Agreement is not a bond within the meaning of Article VII, Section 12, of the Florida Constitution. 17. To the extent allowed by law, the SCHOOL BOARD and the DISTRICT agree to enact ordinances, resolutions and to enter into any contracts to provide effect to this Agreement. 18. This Agreement shall be effective upon the adoption of it by the respective governing bodies of the SCHOOL BOARD and the DISTRICT. 19. This Agreement is made solely and 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. L:\Planning\Public\INTERGOV\Schools\Middle Schools\Boca Raton\BRMSAmended Agreement.doc 8

9 IN WITNESS WHEREOF, this INTERLOCAL AGREEMENT has been executed by the parties herein on the day and year first above written. (SEAL) GREATER BOCA RATON BEACH AND PARK DISTRICT By: Elaine W. Kleinman, Chairman Date: ATTEST: Robert K. Rollins, Jr. Secretary-Treasurer By: Arthur C. Koski, Esquire Attorney for the DISTRICT L:\Planning\Public\INTERGOV\Schools\Middle Schools\Boca Raton\BRMSAmended Agreement.doc 9

10 THE SCHOOL BOARD OF PALM BEACH COUNTY, FLORIDA, as the Governing Body of THE SCHOOL DISTRICT OF PALM BEACH COUNTY, FLORIDA (SEAL) ATTEST: By: William G. Graham, Chairman Date: Arthur C. Johnson, Ph.D., Superintendent REVIEWED & APPROVED: By: Palm Beach County School Board Attorney L:\Planning\Public\INTERGOV\Schools\Middle Schools\Boca Raton\BRMSAmended Agreement.doc 10

11 EXHIBIT A L:\Planning\Public\INTERGOV\Schools\Middle Schools\Boca Raton\BRMSAmended Agreement.doc