R12-0061
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RESOLUTION R12- 0040
A RESOLUTION 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 FOR THE MUTUAL USE OF
RECREATIONAL FACILITIES; 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 Interlocal Agreement for the mutual use of recreational facilities;
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WHEREAS, the School Board and the City recognize the benefits to be derived
by utilizing each other's facilities thereby minimizing the duplication of facilities; and
WHEREAS, the parties will use the attached Agreement to enable the Board
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and City to utilize each other's recreational facilities and provide a procedure for
authorizing the use of the Board's recreational facilities by City - affiliated recreation
groups and organizations that have been approved by the parties.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION i
OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1.
The
foregoing
"Whereas" clauses are
hereby
ratified and
confirmed as being
true
and correct
and are hereby made a
specific
part of this
Resolution upon adoption hereof.
Section 2. The City Commission of the City of Boynton Beach, Florida does
hereby approve and authorize Mayor and City Clerk to execute the Interlocal Agreement
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between the City of Boynton Beach and School Board of Palm Beach County, a copy of
which is attached hereto as Exhibit "A ".
Section 3. That this Resolution shall become effective immediately upon
passage.
ap—
PASSED AND ADOPTED this 3 day of January, 2012.
CITY OF BOYNTON BEACI3
Mayor �- J iguez
VYce M r — William Orlove
ComZissio4r — Woodrow
Cont ssione zrr
Commissioner — Marlene Ross
ATTEST:
�64-� "M - aa-,�t
( I J t M . Prainito, MMC
Clerk
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INTERLOCAL AGREEMENT BETWEEN
THE CITY OF BOYNTON BEACH
AND
THE SCHOOL BOARD OF PALM BEACH COUNTY
FOR THE MUTUAL USE OF RECREATIONAL FACILITIES
This Interlocal Agreement is made this day of
20 , between the City of Boynton Beach, a municipal corporation of the State of Florida,
( "City ") and the School Board of Palm Beach County, Florida, a corporate body politic
pursuant to the Constitution of the State of Florida ( "Board "), each one constituting a public
agency as defined in Part I of Chapter 163, Florida Statutes.
WITNESSETH
WHEREAS, Section 163.01, Florida Statutes, known as the "Florida Interlocal
Cooperation Act of 1969" authorizes local governments to make the most efficient use of
their powers by enabling them to cooperate with other localities on a basis of mutual
advantage and thereby to provide services and facilities that will harmonize geographic,
economic, population and other factors influencing the needs and development of local
communities; and
WHEREAS, Part I of Chapter 163, Florida Statutes, permits public agencies, as
defined therein, to enter into interlocal agreements with each other to jointly exercise any
power, privilege, or authority which such agencies share in common and which each might
exercise separately; and
WHEREAS, the City and Board recognize the benefits to be derived by utilizing each
other's facilities thereby minimizing the duplication of facilities; and
WHEREAS, the City and Board desire the ability to use the facilities of the other.
NOW THEREFORE, in consideration of the mutual representations, terms, and
covenants hereinafter set forth, the parties hereby agree as follows:
1. Recitals.
The foregoing recitals are true and correct and are hereby incorporated herein by
reference.
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2. Purpose.
The purpose of this Agreement is to enable the Board and City to utilize each other's
recreational facilities and provide a procedure for authorizing the use of the Board's
recreational facilities by City - affiliated recreation groups and organizations that have been
approved by the parties.
3. Definitions.
A. "Board Facilities" and "Board Facility" mean facilities owned or operated by the
Board that are made available for public use by the Board and are used primarily for
recreational activities, excluding facilities that are leased, licensed or under the contractual
control of others. The terms "Board Facilities" and "Board Facility" shall include,
gymnasiums; playgrounds; swimming pools; tennis, racquetball and basketball courts;
athletic fields; and tracks.
B. "City Facilities" and "City Facility" mean facilities owned or operated by the City
that are made available for public use by the City and are used primarily for recreational
activities, excluding facilities that are leased, licensed or under the contractual control of
others, The terms "City Facilities" and "City Facility" shall include, parks; wrestling rooms,
gymnasiums; pavilions; community center; playgrounds; swimming pools; tennis,
racquetball and basketball courts; and athletic fields.
C. "City Manager" means the City Manager of the City of Boynton Beach, Florida
or his/her designee.
D. "Facilities" means the Board Facilities and City Facilities.
E. "Priority of Use" means the priority of uses when there are conflicting requests
for the use of a Facility. For Board Facilities, the Priority of Use shall be as follows:
1. Board activities and programs or Board Facility lease agreements;
and
2. County activities and programs pursuant to the Interlocal Agreement
entered into by the Board and Palm Beach County dated December 2, 2008;
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3. City or City Recognized Recreation Provider activities and programs
pursuant to this Agreement.
For City Facilities, the Priority of Use shall be as follows:
1. City or City Recognized Recreation Provider activities and programs or
City facility rental agreements; and
2. Board activities and programs pursuant to this Agreement.
F. "Recognized Recreation Provider" mean an organized recreation group or
organization identified in the attached Exhibit "A ", which may be amended or supplemented
from time to time upon the mutual agreement of the Board's Chief Operating Officer and the
City Manager, without formal amendment hereto.
4. Use of f=acilities by the Parties_
A. The Board agrees to make the Board Facilities available for use by the City
according to the Priority of Use at no cost or expense to the City, except as otherwise
provided for in this Agreement. The City's use of the Board Facilities shall be subject to and
in accordance with: (i) the terms and conditions of this Agreement; (ii) the Board's rules,
regulations and policies governing the use of the Board Facilities; (iii) any grant or bond
obligations pertaining to the use of any of the Board Facilities; and (iv) all applicable local,
state and federal laws. In the event that any Board Facilities are unavailable for use by the
City as a result of the need for unscheduled maintenance, emergency repairs or the
occurrence any force major event, there shall be no liability for any proximate, direct or
indirect loss, damage, cost or injury suffered by the City, other than to refund of any funds
paid in advance for the use of the Board's Facility.
B. The City agrees to make available the City Facilities for use by the Board
according to the Priority of Use at no cost or expense to the Board, except as otherwise
provided for in this Agreement. The following public schools are eligible to request use of
City Facilities pursuant to this Agreement:
1. Galaxy Elementary School
2, Rolling Green Elementary School
3. Poinciana Elementary School
4. Forest Park Elementary School
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5. Crosspointe Elementary School
6. Congress Middle School
7. Boynton Beach High School
8, Citrus Cove Elementary
9. Freedom Shores Elementary
The Board's use of the City Facilities shall be subject to and in accordance with: (i) the
terms and conditions of this Agreement; (ii) the City's rules, regulations and policies
governing the use of the City's Facilities; (iii) any grant or bond obligations pertaining to the
use of any of the City Facilities; and (iv) all applicable local, state and federal laws.
C. The City shall submit all requests for use of the Board Facilities in writing on
the form attached hereto as Exhibit "B" to the Principal responsible for the management of
the Board facility or his or her designee no less than thirty (30) days prior to the date that
the City desires to use the Board Facility. The Board shall be responsible for ensuring that a
written response to the request is provided to the City within fifteen (15) days of the date of
the request. In the event a request is denied, the reason for denial shall be stated in the
written response.
D. The Board shall submit all requests for use of the City Facilities in writing on
the form attached hereto as Exhibit "B" to the City Manager, no less than thirty (30) days
prior to the date that the Board desires to use the City Facility. The City shall be responsible
for ensuring that a written response to the request is provided to the Board within fifteen (15)
days of the date of the request_ In the event a request is denied, the reason for denial shall
be stated in the written response.
E. The Board and City acknowledge the waiver of sovereign immunity for liability
in tort contained in Florida Statutes Section 768.28, the State of Florida's partial waiver of
sovereign immunity, and acknowledge that such statute permits actions at law to recover
damages in tort for money damages up to the limits set forth in such statute for death,
personal injury or damage to property caused by the negligent orwrongful acts or omissions
of an employee acting within the scope of the employee's office or employment. The Board
and City agree to be responsible for all such claims and damages, to the extent and limits
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and limits provided in Florida Statutes Section 768.28, arising from the actions of their
respective employees. The parties acknowledge that the foregoing shall not constitute an
agreement by either party to indemnify the other, nor a waiver of sovereign immunity, nor a
waiver of any defense the parties may have under such statute, nor as consent to be sued
by third parties.
F. Without waiving the right to sovereign immunity, the parties acknowledge that
they are self- insured for commercial general liability and automobile liability in the amounts
specified in Florida Statutes Section 768.28, as may be amended from time to time. In the
event either party maintains third -party commercial general liability or business automobile
liability insurance in lieu of exclusive reliance on self- insurance, the party maintaining the
third -party insurance shall maintain limits of not less than Five Hundred Thousand Dollars
($500,000) combined single limit for bodily injury or property damage and shall add the other
party as an additional insured to the commercial general liability policy, but only with respect
to negligence arising out of this Agreement that is not a result of the other party's
negligence. The additional insured endorsement for the City shall read "City Commission of
the City of Boynton Beach, Florida, its Officers, Employees and Agents" The additional
insured endorsement for the Board shall read "The School Board of Palm Beach County,
Florida, its Officers, Employees and Agents ". The parties agree additional insured
endorsements shall provide coverage on a primary basis. Claims -bill tailored coverage shall
not be considered third -party liability coverage for purposes of this Agreement. The parties
agree to maintain or to be self- insured for worker's compensation and employer's liability
insurance in accordance with Chapter 440, Florida Statutes, as may be amended from time
to time. Each party agrees to provide the other party with an affidavit or certificate of
insurance evidencing insurance, self - insurance and /or sovereign immunity status, which the
parties agree to recognize as acceptable for the above - referenced coverages. Compliance
with the requirements of this paragraph shall not relieve the parties of their liability and
obligations under this Agreement.
G. Each party agrees to provide adequate supervision of its own activities to
prevent bodily harm to the users and damage to the Facilities, taking into consideration the
types of activities planned, when using the other's Facilities. When aquatic facilities will be
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included in the Facilities to be utilized, the party using the Facility shall provide supervisors
certified in Lifeguard Training in addition to any other supervision required hereunder.
M. In the event the Facilities are damaged, the party using the Facilities of the
other party shall promptly notify the other party in writing of the damage and shall reimburse
the other party for the actual costs to repair the damage. Reimbursement shall be made
within sixty (60) days of a written request for reimbursement of costs.
The Facilities shall be surrendered by the party using the Facilities of the other
party in the same condition as they were accepted and shall cause to be removed from the
Facilities all waste, garbage and rubbish resulting from such party's use of the Facilities.
J. The Board acknowledges and agrees that the City may charge a fee for:
1 _ Use of the City's pool, including the water park, for summer and after-
school programs;
2. Use of the City's picnic pavilions on holidays and weekends;
5 Use of Board Facilities by City Recognized Recreation Providers
A. The Board agrees to make the Board Facilities (excluding classrooms and
classroom facilities) available for use by the City Recognized Recreation Providers at no
cost or expense to the City Recognized Recreation Providers according to the Priority of
Use, except as otherwise provided for in this Agreement. Use of the Board Facilities by the
City Recognized Recreation Providers shall depend on availability and shall be subject to
and in accordance with: (1) the terms and conditions of this Agreement; (ii) the Board's rules,
regulations and policies governing the use of Board Facilities; (iii) any bond or grant
obligations pertaining to the use of the Board Facilities; and (iv) all applicable local, state
and federal laws.
B. Prior to being granted access to any of the Board Facilities, each City
Recognized Recreation Provider shall be required to obtain a Facility Use Permit from the
City_ The Facility Use Permit shall, at a minimum, require the City Recognized Recreation
Provider to:
I . provide proof of insurance for such coverages and amounts as may be
required by the Board's Director of Employee Benefits and Risk Management when Board
Facilities are to be utilized and name the Board as an additional insured;
2. protect, defend, reimburse indemnify and hold the Board, its 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 anyway
connected to the City Recognized Recreation Provider's use of the Board Facilities;
3. provide adequate supervision of its own activities to prevent bodily harm
to the users or damage to the facilities, taking into consideration the types of activities
planned;
4. return the Board Facilities in the same condition as they were accepted
and to remove all waste, garbage and rubbish resulting from the City Recognized
Recreation Provider's use of the Board Facilities;
6. notify the Board of any damage to the Board Facilities resulting from the
City Recognized Recreation Provider's use of the Board Facilities and reimburse the Board
for the actual costs to repair the damage; and
C. The Facility Use Permit issued by the City shall also indicate that the Facility
Use Permit may be revoked or suspended by the City and the Board may deny access to
the Board Facilities for failure to comply with the terms and conditions of the Facility Use
Permit.
D. The City Recognized Recreation Providers shall be required to submit all
requests for use of the Board Facilities in writing in the form attached hereto as Exhibit "B" to
the City Manager no less than forty five (45) days prior to the date the City Recognized
Recreation Provider desires to use the Board Facility. The City Manager shall coordinate
scheduling of the use of the Board Facility with the Principal responsible for the
management of the Board Facility or his or her designee. The Board shall be responsible
for ensuring that a written response to the request is provided to the City Manager within
fifteen (15) days of the date of the City Manager's request. In the event a request is denied,
the reason for denial shall be stated in the written response.
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E. Notwithstanding any provision of this Agreement to the contrary, neither party
shall be obligated to make their Facilities available for use by the other for tournaments or
any events where admission or concession fees or charges will be collected or imposed.
6. Maintenance /Repair of Facilities
The parties acknowledge and agree that either party may deny a request for use of a
Facility to perform maintenance or repairs to the Facility.
7. Notification of Responsibilities under Agreement.
The Board agrees to notify the Board's Principals of the terms and conditions of this
Agreement and the Board's commitment to make the Board Facilities available to the City
and City Recognized Recreation Providers in accordance with the Priority of Use.
8. Disoute Resolution.
In the event an issue arises which cannot be resolved between the Board's Principal
and the City Manager regarding the use or availability of a Facility, the dispute shall be
referred to the Board's Chief Operating Officer and the Assistant Director, Community
Services Department who shall both make a good faith effort to resolve the dispute.
9. Acceptance of Facilities
Neither party shall be required to make any improvements or repairs to the Facilities
as a condition of use of the Facilities by the other party or City Recognized Recreation
Providers. The parties and City Recognized Recreation Providers shall accept the Facilities
in their "As is ", "Where is" condition. The parties acknowledge and agree that neither party
has made any warranties or representations to the other party regarding the Facilities,
including, but not limited to, any representations or warranties regarding the suitability of the
Facilities for use by the other party or City Recognized Recreation Providers.
10. License.
Notwithstanding any provision of this Agreement to the contrary, the use the Facilities
by either of the parties or the City Recognized Recreation Providers shall only amount to a
license to use the Facilities on a non - exclusive basis, which license shall be revocable by
the party licensing the use for any reason whatsoever. The parties agree that nothing in this
Agreement shall be construed as granting either party or the City Recognized Recreation
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Recognized Recreation Providers any title, interest or estate in the Facilities.
11. Default.
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 equity, including, but not limited to, the right to terminate this
Agreement and seek damages, if any.
12. Termination.
Notwithstanding any provision of this Agreement to the contrary, this Agreement may
be terminated by either party: (1) without cause upon thirty (30) days prior written notice to
the other party or (ii) with cause upon the expiration of the thirty (30) day cure period
provided for in Section 11 above.
13. Annual Appropriation.
Each party's performance and obligations under this Agreement shall be contingent
upon an annual budgetary appropriation by its respective governing body for subsequent
fiscal years.
14. Notice.
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 CITY:
City Manager, City of Boynton Beach
P.O. Box 310
Boynton Beach, Florida, 33425 -0310
IF TO BOARD:
School District of Palm Beach County
Director, Planning and Real Estate Services Department
3318 Forest Hill Boulevard
West Palm Beach, Florida 33406 -5813
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15. Governing Law and Venue.
This Agreement shall be construed by and governed by the laws of the State of
Florida. All legal action necessary to enforce the Agreement will be held in Palm Beach
County.
16. Subordination to Bond and Grant Obliqations.
The parties acknowledge that certain Facilities may be subject to bond covenants
and restrictions or grant obligations and agree that this Agreement shall be subject and
subordinate to any such covenants, restrictions and obligations. Notwithstanding any
provision of this Agreement to the contrary, the parties shall not be obligated to make any
Facility available for use by the other party or City Recognized Recreation Providers in a
manner which either party has determined, in its sole discretion, would be contrary to any of
its bond or grant obligations, including, but not limited to, making any of the Facilities
available at no cost when such an action would be contrary to either party's bond or grant
obligations.
17. Equal Opportunity Provision.
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.
18. Captions.
The captions and section designations set forth herein are for convenience only and
shall have no substantive meaning.
19. Severabilitv.
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.
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20. Entiretv of Agreement.
This Agreement represents the entire understanding between the parties, and
supersedes all other negotiations, representations, or agreements, either written or oral,
relating to this Agreement, including but not limited to, that certain Interlocal Agreement
Between the City and Board for the Mutual Use of Recreational Facilities dated November
21, 2006. Notwithstanding the foregoing, the City and the Board recognize the existing
agreement between the City and the Board dated February 23, 2010, titled "Interlocal
Agreement Between the School Board of Palm Beach County, Florida the City Of Boynton
Beach and Palm Beach County for the Development and Use of the Galaxy Elementary
Replacement School" as amended from time to time (referred to as the "Galaxy
Agreement'). The Galaxy Agreement is in no way superseded, altered or diminished by this
Agreement, and in the event of any conflict of terms between the Galaxy Agreement and
this Agreement, the terms of the Galaxy Agreement shall prevail.
21. Incoraoration by Reference.
Exhibits attached hereto and referenced herein shall be deemed to be incorporated
into this Agreement by reference.
22. Amendment_
Except as otherwise provided for in this Agreement, this Agreement may be modified
and amended only by written instrument executed by the parties hereto.
23. Waiver.
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.
24. Construction.
Neither party shall be considered the author of this Agreement since the parties have
participated in extensive negotiations and 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.
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25. Filing.
A copy of this Agreement shall be filed with the Clerk of the Circuit Court in and for
Palm Beach County ursuant to Section 163.01(11), Florida Statutes.
26. Effective Date /Term.
This Agreement shall become effective when signed by the both the parties, and filed
with the Clerk of the Circuit Court in and for Palm Beach County. The term of this
Agreement shall be for a period of one (1) year and shall be automatically renewed up to
four (4) additional consecutive one (1) year terms, unless either party provides a written
notice of non - renewal to the other party thirty (30) days prior to the expiration of the then
current term.
IN WITNESS WHEREOF, the parties hereto have affixed their signatures on the day and
year first above written.
CITY OF BOYNTON BEACH, SCHOOL BOARD OF
PALM BEACH COUNTY, FLORID
By: By: e)JA Jose A todriguez, Mayor F nk . arbieri, Jr., Esq., o2 .
G11Y ois
ATTEST: r EST:
/441 / 4 Add
Janet Prainito, City Clerk "4, Wayne Gent, Su. - tende of AGO
Date: / /a Date: 9.1 it
APPROVED AS TO FORM AND APPROVED AS TO FORM AND
LEGAL SUFFICI NCY LEGAL SUFFICIENCY
, 45,6 21z 7/ 1—
ty Attor e School Board Attorney
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EXHIBIT "A"
City Recognized Recreation Providers
1. City of Boynton Beach Sponsored Events
2. Boynton Beach Little League
3. Boynton Beach Police Athletic League (PAL)
4. Caloosa Park Softball Club
5, East Boynton Wildcats
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EXHIBIT "B"
THE CITY OF BOYNTON BEACH AND
THE SCHOOL BOARD OF PALM BEACH COUNTY
INTER -FOCAL FACILITY REQUEST FORM
Date Contact Person School Name (if applicable)
Phone Number Fax Number Other Contact Number
Address City State/ZIP
FACILITY REQUEST:
Choice #1 Choice 92
Activity Ago Group
Estimated Attendance:
Participants: Spectators: _ Total:
Mark appropriate day(s) facility will be needed:
IIMonday FITuesday nwednesday flThurday l Wriday iISaturday FISunday
Date(s):
Time(s): From: am /pm to am /pm
l New Request
I''. Repeat Request:
Date and location of previous use:
Other pertinent information (as necessary):
I Requesting Principal Date
I Director of Recreation Services
.................................................................................................. ...............................
I i Approve I, Disapprove
Reason if disapproved:
U Principal Date
L.] Director of Recreation Services
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Exhibit "C"
School Board of Palm Beach County Standard Facility Operating Hours
The Board agrees to make the Board Facilities available for use by the City according to the
Priority of Use, at no cost to the City and in accordance with the following maximum
operational hours for indoor Board Facilities
When School is in session:
Weekdays (Monday through Friday):
From the close of the school day
until 9:30 pm
Saturdays:
Sundays:
From 8:00 am to 9:30 pm
From 8:00 am to 1:00 pm
When School is out of session (Summer Break and Spring Break)
Weekdays (Monday through Thursday) From 8:00 am until 9:30 pm
Fridays, Saturdays, Sundays: Closed
The maximum operational hours may be amended from time to time upon the mutual
agreement of the Board's Chief Operating Officer and the City Administrator, or his or her
designee The maximum operational hours do not apply to outdoor facilities.
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The City 1 i 1 Beach
City Clerk's Office
100 E BOYNTON BEACH BLVD
BOYNTON BEACH FL 33435
(561) 742 -6060
FAX: (561) 742 -6090
e -mail: prainitoj @ci.boynton- beach.fl.us
www.boynton-beach.org
0' !
TO: Wally Majors
Recreation Director
FROM: Janet M. Prainito, MM
City Clerk
DATE: January 23, 2012
SUBJECT: R12 -006 Tnterlocal Agreement Between The City of Boynton
Beach and The School Board of Palm Beach County For Mutual
Use of recreational Facilities
Attached for your handling are two originals of the agreement mentioned above. Once
the document has been executed, please return one original document to the City
Clerk's Office for Central File.
Please contact me if there are any questions.
Thank you.
Thank you.
Attachment
(Agreement)
C: Central File
S:\CC\WP\AFTER COMMISSION\Departmental Transmittals\2012\Wally Majors R12- 006.doc
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