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R24-147 1 RESOLUTION NO. R24-147 2 3 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON 4 BEACH, FLORIDA, RATIFYING AN AGREEMENT BETWEEN THE CITY AND 5 PALM BEACH SCHOOL FOR AUTISM, INC., FOR WORK EXPERIENCE 6 PROGRAM AT THE LINKS GOLF COURSE; PROVIDING AN EFFECTIVE DATE; 7 AND FOR ALL OTHER PURPOSES. 8 9 WHEREAS, Palm Beach School for Autism, Inc., ("Contractor") operates the Palm Beach 10 School for Autism, which operates a work readiness program to prepare high school-aged 11 students ("Students") to succeed in the workforce; and 12 WHEREAS, Contractor works with local businesses and organizations to identify 13 opportunities that will provide Students with on-site work experience; and 14 WHEREAS, the purpose of this Agreement is to provide work experience for Students at 15 the City's Links Golf Course; and 16 WHEREAS, the City Commission, upon recommendation of staff, has deemed it to be in 17 the best interests of the citizens and residents of the City to approve and ratify an Agreement 18 between the City and Palm Beach School for Autism, Inc., for work experience program at the 19 Links Golf Course. 20 21 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON 22 BEACH, FLORIDA, THAT: 23 SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 24 being true and correct and are hereby made a specific part of this Resolution upon adoption. 25 SECTION 2. The City Commission of the City of Boynton Beach, Florida, does hereby 26 approve and ratify an Agreement, between Palm Beach School for Autism, Inc., and the City for 27 work experience program at the Links Golf Course (the "Agreement"), in form and substance 28 similar to that attached as "Exhibit A." 29 SECTION 3. The City Commission of the City of Boynton Beach, Florida, hereby 30 authorizes the City Manager to execute the Agreement and such other related documents as may 31 be necessary to accomplish the purpose of this Resolution. 32 SECTION 4. One fully-executed original of the Agreement shall be retained by the City 33 Clerk as a public record of the City. A copy of the fully-executed Agreement shall be provided to 34 Stephanie Soplop to forward to the Contractor. 35 SECTION 5. This Resolution shall take effect in accordance with law. 36 37 PASSED AND ADOPTED this 2nd day of July 2024. 38 CITY OF BOYNTON BEACH, FLORIDA 39 YES NO 40 Mayor-Ty Penserga / 41 42 Vice Mayor-Aimee Kelley 43 44 Commissioner-Angela Cruz 45 / 46 Commissioner-Woodrow L. Hay �/ 47 / 48 Commissioner-Thomas Turkin ✓ 49 50 VOTE 0.0 5 ATES • • / 53 it '.-- /� 54 Maylee De , --'s, MPA, ) C T 4'-n� Ca 55 City Clerk Ma 56 .-....,` 57 gO�NTON�''� APPROVED AS TO FORM: i •vyQORATf•�F9 �1 58 (Corporate Seal) 1�O;v° �c) 1. 59 i —• Sy��•. i 60 � V ORPOg,�EO: i 1.1,ilnkj. '� INC 61 ', % .92U i: / Shawna G. Lamb Ott •••'••"•••P -' CityAttorney 62 `% FLORW- AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND PALM BEACH SCHOOL FOR AUTISM, INC., FOR WORK EXPERIENCE PROGRAM AT THE LINKS GOLF COURSE This agreement ("Agreement") is between the City of Boynton Beach, a Florida municipal corporation ("City"), and Palm Beach School for Autism, Inc., a Florida not-for-profit corporation ("Contractor") (each a "Party" and collectively referred to as the "Parties"). RECITALS A. Contractor operates the Palm Beach School for Autism, which operates a work readiness program to prepare high school-aged students ("Students") to succeed in the workforce. B. Contractor works with local businesses and organizations to identify opportunities that will provide Students with on-site work experience. C. The purpose of this Agreement is to provide work experience for Students at the City's Links Golf Course. Now, therefore, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: ARTICLE 1. DEFINITIONS 1.1. Applicable Law means all applicable laws, codes, advisory circulars, rules, regulations, or ordinances of any federal, state, county, municipal, or other governmental entity, as may be amended. 1.2. Board means the City Commission of the City of Boynton Beach, Florida. 1.3. Code means the City of Boynton Beach Code of Ordinances. 1.4. Contract Administrator means the Golf Course Director. 1.5. Job Coach means an employee of Contractor who will serve as Contractor's point of contact for Student(s) to ensure Student and City have a successful experience. 1.6. Services means all work required of Contractor under this Agreement. 1.7. Student means an eligible individual that is enrolled at Contractor's school, between the ages of 17 and 22, identified by Contractor for participation in the work experience program. 1.8. Worksite means the Links Golf Course, Boynton Beach, FL. School for Autism Work Experience Agreement Page 1 of 11 ARTICLE 2. SCOPE OF SERVICES 2.1. Program Prerequisites 2.1.1. Contractor shall verify that each Student is at least 17 years old, and for Students under the age of 18 or legally incapacitated, shall obtain prior written permission from each Student's parent or guardian to participate in the work experience. 2.1.2. Contractor shall provide all Services under this Agreement at no cost to County. 2.2. Program Dates 2.2.1. The initial program will begin on July 3, 2024, and continue through July 24, 2024. 2.2.2. The Parties may agree to continue the work experience program for additional dates and times during the Term of this Agreement. Additional dates and times shall be agreed upon by the Parties in a written amendment to this Agreement.The City Manager is authorized to execute the Amendment on behalf of the City. 2.3. Selection of Students and Worksites 2.3.1. Contractor shall identify Students who will participate in the program. Contractor will identify only Students who can safely and productively benefit from vocational training in the workplace. 2.3.2. Once Contractor identifies Students, City will determine Worksite assignments based on each Student's training needs and abilities as identified by Contractor. The Parties will mutually agree upon the match of the available work with the applicable Student. 2.4. Worksites and Assigned Duties 2.4.1. City shall provide Worksites and work experiences for Students as set forth in this Agreement. Work experiences will be limited to detailing golf carts, filling divets, picking up range balls, and other tasks needed to keep the Worksite clean. Students shall not be permitted to drive golf carts. City shall use reasonable care to provide Worksites that are sanitary and safe. City shall take reasonable steps to ensure that the Worksite assignments are appropriate to Students' ages. 2.4.2. City will provide Contractor with Worksite policies, including expectations about conduct and attire. Contractor shall ensure each Student is informed of such policies and expectations. 2.4.3. Each Student shall wear a County-issued badge or ID while at a Worksite. School for Autism Work Experience Agreement Page 2 of 11 2.5. Supervision and Training 2.5.1. Contractor shall assign a Job Coach to monitor Students and serve as City's point of contact.Job Coach to Student ratio will be no less than 1 Job Coach per 3 Students. 2.5.2. City will assign an employee to act as a liaison with Contractor's Job Coach. City will provide necessary training to Students, provide Worksite supervision,and provide on- going constructive feedback. 2.6. Wages and Hours 2.6.1. Students shall be assigned to Worksites only Monday through Friday between the hours of 10:00 a.m. and 1:00 p.m. unless otherwise agreed to by the Parties. 2.6.2. Contractor acknowledges and agrees that Students and Job Coaches are employees/volunteers solely of Contractor and are not employees or volunteers of City. Nothing in this Agreement is intended to or does create an employee/employer or joint employer/employee relationship between City and any Student or Job Coach. 2.6.3. Contractor shall pay Job Coaches wages and provide workers' compensation insurance for all Students and Job Coaches. Contractor shall be fully and independently responsible for payment of all Job Coaches' wages. Students shall not be paid for work performed,the program is part of the Student's educational programming. City shall have no financial obligation or responsibility for Students' or Job Coaches'wages. 2.6.4. While providing Worksites and work experiences pursuant to this Agreement, City and Contractor shall comply with all Applicable Law. ARTICLE 3. TERM AND TIME OF PERFORMANCE 3.1. Term. This Agreement begins on the date it is fully executed by the Parties ("Effective Date") and continues for a period of one (1) year ("Term") unless otherwise terminated as provided in this Agreement. 3.2. Time of the Essence. Time is of the essence for Contractor's performance of the duties, obligations, and responsibilities required by this Agreement. ARTICLE 4. REPRESENTATIONS AND WARRANTIES 4.1. Representation of Authority. Contractor represents and warrants that this Agreement constitutes the legal, valid, binding, and enforceable obligation of Contractor, and that neither the execution nor performance of this Agreement constitutes a breach of any agreement that Contractor has with any third party or violates Applicable Law. Contractor further represents and warrants that execution of this Agreement is within Contractor's legal powers, and each individual executing this Agreement on behalf of Contractor is duly authorized by all necessary and appropriate action to do so on behalf of Contractor and does so with full legal authority. School for Autism Work Experience Agreement Page 3 of 11 4.2. Warranty of Performance. Contractor represents and warrants that it possesses the knowledge, skill,experience, and financial capability required to perform and provide all Services and that each person and entity that will provide Services is duly qualified to perform such Services by all appropriate governmental authorities, where required, and is sufficiently experienced and skilled in the area(s) for which such person or entity will render Services. Contractor represents and warrants that the Services shall be performed in a skillful and respectful manner and that the quality of all Services shall equal or exceed prevailing industry standards for the provision of such services. 4.3. Breach of Representations. Contractor acknowledges that City is materially relying on the representations, warranties, and certifications of Contractor stated in this article, and City shall be entitled to exercise any or all of the following remedies if any such representation, warranty, or certification is untrue: (a) recovery of damages incurred; (b) termination of this Agreement without any further liability to Contractor; and (c) any other remedy available under law or equity. ARTICLE 5. INDEMNIFICATION Contractor shall indemnify, hold harmless, and defend City and all of City's current, past, and future officers, agents, and employees (collectively, "Indemnified Party") from and against any and all causes of action, demands, claims, losses, liabilities, and expenditures of any kind, including attorneys' fees, court costs, and expenses, including through the conclusion of any appellate proceedings, raised or asserted by any person or entity not a party to this Agreement, and caused or alleged to be caused, in whole or in part, by any breach of this Agreement by Contractor, or any intentional, reckless, or negligent act or omission of Contractor, its officers, employees,or agents,arising from, relating to,or in connection with this Agreement(collectively, a "Claim"). If any Claim is brought against an Indemnified Party, Contractor shall, upon written notice from City, defend each Indemnified Party with counsel satisfactory to City or, at City's option, pay for an attorney selected by the City Attorney to defend the Indemnified Party. The obligations of this section shall survive the expiration or earlier termination of this Agreement. ARTICLE 6. INSURANCE 6.1. Throughout the Term, Contractor shall, at its sole expense, maintain the minimum insurance coverages stated in Exhibit A. Contractor shall maintain insurance coverage against claims relating to any act or omission by Contractor, its agents, representatives, employees, or Students in connection with this Agreement. Contractor shall ensure that "City of Boynton Beach" is listed and endorsed as an additional insured as stated in Exhibit A on all policies required under this article. 6.2. Contractor shall ensure that all insurance coverages required by this article remain in full force and effect without any lapse in coverage throughout the Term and until all performance required by Contractor has been completed. Contractor or its insurer shall provide notice to City of any cancellation or modification of any required policy at least thirty (30) days prior to the effective date of cancellation or modification and at least ten (10) days prior to the effective date School for Autism Work Experience Agreement Page 4 of 11 of any cancellation due to nonpayment, and shall concurrently provide City with a copy of its updated Certificates of Insurance evidencing continuation of the required coverage(s). 6.3. Unless prohibited by the applicable policy, Contractor waives any right to subrogation that any of Contractor's insurers may acquire against City, and agrees to obtain same in an endorsement of Contractor's insurance policies. 6.4. If Contractor fails to maintain the insurance required by this Agreement,City may pay any costs of premiums necessary to maintain the required coverage and invoice Contractor for any costs paid by City. 6.5. If any of the policies required under this article provide claims-made coverage: (1) any retroactive date must be prior to the Effective Date; (2) the required coverage must be maintained after termination or expiration of the Agreement for at least the duration stated in Exhibit A; and (3) if coverage is canceled or nonrenewed and is not replaced with another claims- made policy form with a retroactive date prior to the Effective Date, Contractor must obtain and maintain "extended reporting" coverage that applies after termination or expiration of the Agreement for at least the duration stated in Exhibit A. ARTICLE 7. TERMINATION 7.1. Termination for Cause. This Agreement may be terminated for cause by the aggrieved Party if the Party in breach has not corrected the breach within three (3) days after receipt of written notice from the aggrieved Party identifying the breach. This Agreement may be terminated for cause by City for reasons including, but not limited to, Contractor's failure to suitably or continuously perform the Services in a manner calculated to meet or accomplish the objectives in this Agreement.Termination for cause by City may be by action of the City Manager. If City erroneously, improperly, or unjustifiably terminates this Agreement for cause, such termination shall be deemed a termination for convenience pursuant to Section 7.2, effective five (5) days after such notice was provided. 7.2. Termination for Convenience; Other Termination. This Agreement may also be terminated for convenience by the City Manager with at least five(5)days advance written notice to Contractor. Contractor acknowledges that it has received good, valuable, and sufficient consideration for City's right to terminate this Agreement for convenience, including in the form of City's obligation to provide advance notice to Contractor of such termination in accordance with this section.This Agreement may also be terminated by the City Manager upon such notice as the City Manager deems appropriate under the circumstances if the City Manager determines that termination is necessary to protect the public health, safety, or welfare. 7.3. Notice of termination shall be provided in accordance with the "Notices" section of this Agreement, except that notice of termination by the City Manager to protect the public health, safety, or welfare may be oral notice that shall be promptly confirmed in writing. School for Autism Work Experience Agreement Page 5 of 11 7.4. In addition to any termination rights stated in this Agreement, City shall be entitled to seek any and all available contractual or other remedies available at law or in equity including recovery of costs incurred by City due to Contractor's failure to comply with any term of this Agreement. ARTICLE 8. MISCELLANEOUS 8.1. Contract Administrator Authority.The Contract Administrator is authorized to coordinate and communicate with Contractor to manage and supervise the performance of this Agreement. Contractor acknowledges that the Contract Administrator has no authority to make changes that would increase, decrease, or otherwise materially modify the Scope of Services except as expressly set forth in this Agreement. Unless expressly stated otherwise in this Agreement or otherwise set forth in the Code, the Contract Administrator may exercise ministerial authority in connection with the day-to-day management of this Agreement. 8.2. Public Records. Notwithstanding any other provision in this Agreement, any action taken by City in compliance with, or in a good faith attempt to comply with, the requirements of Chapter 119, Florida Statutes, shall not constitute a breach of this Agreement. If Contractor is acting on behalf of City as stated in Section 119.0701, Florida Statutes, Contractor shall: 8.2.1. Keep and maintain public records required by City to perform the Services; 8.2.2. Upon request from City,provide City with a copy of the requested records or allow the records to be inspected or copied within a reasonable time and at a cost that does not exceed that provided in Chapter 119, Florida Statutes, or as otherwise provided by Applicable Law; 8.2.3. Ensure that public records that are exempt or confidential and exempt from public record requirements are not disclosed except as authorized by Applicable Law for the duration of this Agreement and after completion or termination of this Agreement if the records are not transferred to City; and 8.2.4. Upon expiration of the Term or termination of this Agreement, transfer to City, at no cost,all public records in possession of Contractor or keep and maintain public records required by County to perform the services. If Contractor transfers the records to City, Contractor shall destroy any duplicate public records that are exempt or confidential and exempt. If Contractor keeps and maintains the public records, Contractor shall meet all requirements of Applicable Law for retaining public records. All records stored electronically must be provided to City upon request in a format that is compatible with the information technology systems of City. If Contractor receives a request for public records regarding this Agreement or the Services, Contractor must immediately notify the Contract Administrator in writing and provide all requested records to City so that City can respond to the request in a timely manner. City will respond to all such public records requests. School for Autism Work Experience Agreement Page 6 of 11 IF CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 561-742-6060, CITYCLERK@BBFL.US, [100 E. OCEAN AVENUE, BOYNTON BEACH, FL 33435. 8.3. Independent Contractor. Contractor is an independent contractor of City, and nothing in this Agreement shall constitute or create a partnership, joint venture, or any other relationship between the Parties. In providing Services, neither Contractor nor its agents shall act as officers, employees, or agents of City. Contractor shall not have the right to bind City to any obligation not expressly undertaken by City under this Agreement. 8.4. Regulatory Capacity. Notwithstanding the fact that City is a political subdivision with certain regulatory authority, City's performance under this Agreement is as a Party to this Agreement and not in its regulatory capacity. If City exercises its regulatory authority, the exercise of such authority and the enforcement of Applicable Law shall have occurred pursuant to City's regulatory authority as a governmental body separate and apart from this Agreement and shall not be attributable in any manner to City as a Party to this Agreement. 8.5. Sovereign Immunity. Except to the extent sovereign immunity may be deemed waived by entering into this Agreement, nothing herein is intended to serve as a waiver of sovereign immunity by City, nor shall anything included herein be construed as consent by City to be sued by third parties in any matter arising out of this Agreement. 8.6. Third-Party Beneficiaries. Neither Contractor nor City intends to primarily or directly benefit a third party by this Agreement. Therefore, the Parties acknowledge that there are no third-party beneficiaries to this Agreement and that no third party shall be entitled to assert a right or claim against either of them based upon this Agreement. 8.7. Notice Address. Unless otherwise stated herein,for notice to a Party to be effective under this Agreement, notice must be sent via U.S. first-class mail, hand delivery, or commercial overnight delivery, each with a contemporaneous copy via email, to the addresses listed below and shall be effective upon mailing or hand delivery(provided the contemporaneous email is also sent). Addresses may be changed by the applicable Party giving notice of such change in accordance with this section. FOR CITY: City of Boynton Beach Attn: City Manager 100 E. Ocean Avenue Boynton Beach, Florida 33435 Email address: duggerd@bbfl.us School for Autism Work Experience Agreement Page 7 of 11 FOR CONTRACTOR: Email address: 8.8. Assignment. Contractor may not subcontract or otherwise assign any of its rights or obligations under this Agreement. Neither this Agreement nor any right or interest in it may be assigned, transferred, subcontracted, or encumbered by Contractor without the prior written consent of County. Any assignment, transfer, encumbrance, or subcontract in violation of this section shall be void and ineffective, constitute a breach of this Agreement, and permit City to immediately terminate this Agreement, in addition to any other remedies available to City at law or in equity. 8.9. Materiality and Waiver of Breach. Each requirement, duty, and obligation set forth in this Agreement was bargained for at arm's length and is agreed to by the Parties. Each requirement, duty, and obligation set forth in this Agreement is substantial and important to the formation of this Agreement, and each is,therefore, a material term. City's failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision or modification of this Agreement. A waiver of any breach shall not be deemed a waiver of any subsequent breach and shall not be construed to be a modification of this Agreement.To be effective, any waiver must be in writing and signed by an authorized signatory of the Party granting the waiver. 8.10. Compliance with Laws. Contractor and the Services must comply with all Applicable Law including, without limitation,the Americans with Disabilities Act, 42 U.S.C. § 12101, Section 504 of the Rehabilitation Act of 1973. 8.11. Severability. If any part of this Agreement is found to be unenforceable by any court of competent jurisdiction, that part shall be deemed severed from this Agreement and the balance of this Agreement shall remain in full force and effect. 8.12. Joint Preparation.This Agreement has been jointly prepared by the Parties, and shall not be construed more strictly against either Party. 8.13. Interpretation. The titles and headings contained in this Agreement are for reference purposes only and shall not in any way affect the meaning or interpretation of this Agreement. All personal pronouns used in this Agreement shall include any other gender, and the singular shall include the plural, and vice versa, unless the context otherwise requires. Terms such as "herein" refer to this Agreement as a whole and not to any particular sentence, paragraph, or section where they appear unless the context otherwise requires. Whenever reference is made to a section or article of this Agreement, such reference is to the section or article as a whole, including all subsections thereof, unless the reference is made to a particular subsection or subparagraph of such section or article. Any reference to "days" means calendar days unless otherwise expressly stated. Any reference to approval by City shall require approval in writing unless otherwise expressly stated. School for Autism Work Experience Agreement Page 8 of 11 8.14. Law, Jurisdiction, Venue, Waiver of Jury Trial. This Agreement shall be interpreted and construed in accordance with and governed by the laws of the State of Florida. The exclusive venue for any lawsuit arising from, related to, or in connection with this Agreement shall be in the state courts of the Fifteenth Judicial Circuit in and for Palm Beach County, Florida. If any claim arising from, related to, or in connection with this Agreement must be litigated in federal court, the exclusive venue for any such lawsuit shall be in the United States District Court or United States Bankruptcy Court for the Southern District of Florida. EACH PARTY HEREBY EXPRESSLY WAIVES ANY RIGHTS IT MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO THIS AGREEMENT. 8.15. Amendments. Unless expressly authorized herein, no modification, amendment, or alteration of any portion of this Agreement is effective unless contained in a written document executed with the same or similar formality as this Agreement and by duly authorized representatives of City and Contractor. 8.16. Prior Agreements. This Agreement represents the final and complete understanding of the Parties regarding the subject matter of this Agreement and supersedes all prior and contemporaneous negotiations and discussions regarding same. All commitments, agreements, and understandings of the Parties concerning the subject matter of this Agreement are contained herein. 8.17. Incorporation by Reference. Any and all Recital clauses stated above are true and correct and are incorporated in this Agreement by reference.The attached Exhibits are incorporated into and made a part of this Agreement. 8.18. Counterparts and Multiple Originals. This Agreement may be executed in multiple originals and may be executed in counterparts, whether signed physically or electronically, each of which shall be deemed to be an original, but all of which, taken together, shall constitute one and the same agreement. 8.19. Use of City Name or Logo. Contractor shall not use City's name or logo in marketing or publicity materials without prior written consent from the Contract Administrator. School for Autism Work Experience Agreement Page 9 of 11 IN WITNESS WHEREOF,the Parties hereto have made and executed this Agreement:CITY OF BOYNTON BEACH, through its CITY COMMISSION, signing by and through its City Manager authorized to execute same by Commission action on the-_ day of July 2024,and Contractor, signing by and through its Execui:v . 'Pirc4 or duly authorized to execute same. CITY CONTRACTOR CITY OF BOYNTON BEACH,by and through PALM BEACH SCHOOL FOR AUTISM,INC. its Ci . anager PE 1J'1 By: Daniel Dugger ,r Authorized Signer 011104 day of , /20'4 A RI,„ &,_<<Ab-v5, Etc,t.%e Approve, a to fo'+• •y Print Name and Title t,f c fjA City At • s O ice B 1 )-B day of U'1f —,2024 Sta�I R.Weinger Deputy City Attorney 0,01TON 6 - � ik �QORATF••. Yc111 1 0 c,° ( , •' 1D - • SQA : s v CpRPORP��O� i if •14 .1g20 1111 •��........•OP�" 1•• FLOik. I School for Autism Work Experience Agreement Page 10 of 11 Exhibit A Insurance Requirements School for Autism Work Experience Agreement Page 11 of 11 Client#: 116180 PALMBEAC121 IYYYY) ACORD.. CERTIFICATE OF LIABILITY INSURANCE s/z5/2DATE(MM/024 DDDD THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer any rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Alison O'Brien USI Insurance Services, LLC-CL PHONE 954 607-4000 FAX (AIC,No,Eat): (A/C,No): 2400 East Commercial Blvd. A oI SS: alison.obrien@usi.com Suite 600 Fort Lauderdale,FL 33308 INSURER(S)AFFORDING COVERAGE NAIL# INSURER A:Philadelphia Indemnity Insurance Co. 18058 INSURED INSURER B:Associated Industries Ins.Co.,Inc. 23140 Palm Beach School for Autism, Inc. INSURER c: 8480 Lantana Road INSURER D: Lake Worth, FL 33467 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP INSR WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) LIMITS A X COMMERCIAL GENERAL UABIUTY PHPK2573245 07/01/2023 07/01/2024 EACH $1,000,000 PR CLAIMS-MADE X OCCUR EMEaEoCccurrrence) $100,000 MED EXP(Any one person) 35,000 PERSONAL 8 ADV INJURY S 1,000,000 GENT AGGREGATE LIMIT APPUES PER: GENERAL AGGREGATE S 3,000,000 X POLICY ECOT LOC PRODUCTS-COMP/OP AGG $3,000,000 OTHER S A AUTOMOBILE UABIUTY PHPK2573245 07/01/2023 07/01/2024 COMacidBent)INEDS ; INGLELIMIT 1,000,000 (Ea ANY AUTO BODILY INJURY(Per person) S OWNEDONLY SCHED ( )ULED BODILY INJURY Per accidentS AUTOS X AUTOS _ X AUTOS ONLY X NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY (Per accident) 3 A x UMBRELLA UAB X OCCUR PHUB871179 07/01/2023 07/01/2024 EACH OCCURRENCE $2,000,000 EXCESS UAB CLAIMS-MADE AGGREGATE $2,000,000 _ DED X RETENTION$10,000 S B WORKERS COMPENSATION AWC119265 0811312023 08/13/2024 X PER OTH- AND EMPLOYERS'LIABILITY STATUTE ER Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $500,000 OFFICER/MEMBER EXCLUDED? N N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $500,000 If yes,describe under DESCRIPTION OF OPERATIONS Wow E.L.DISEASE-POLICY LIMIT $500,000 A Professional/SAM PHPK2573245 07/01/2023 07/01/2024 SIM Claim I$2M Agg A Management Liab PHPK2573263 07/01/2023 07/01/2024 $3M Claim/$3M Agg DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) The General Liability policy includes an automatic Additional Insured endorsment that provides Additional Insured status to City of Boynton Beach , 100 E Ocean Ave, Boynton Beach, FL 33435 only when there is a written contract that requires such status,and only with regard to work performed by or on behalf of the named insured. The General Liability policy includes a Waiver of Subrogation endorsement in favor of the Certificate Holder as referenced above. CERTIFICATE HOLDER CANCELLATION City of Boynton Beach SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 100 E Ocean Ave ACCORDANCE WITH THE POLICY PROVISIONS. Boynton Beach, FL 33435 AUTHORIZED REPRESENTATIVE ©1988-2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016/03) 1 of 1 The ACORD name and logo are registered marks of ACORD #S45228308/M41134984 MHAZP This page has been left blank intentionally. rr�R AMENDMENT NO. 1 TO AGREEMENT BETWEEN THE CITY OF BOYNTON e BEACH AND PALM BEACH SCHOOL FOR AUTISM, INC., FOR WORK O} 0.4'ON air EXPERIENCE PROGRAM AT THE LINKS GOLF COURSE This First Amendment("Amendment")is entered into by and between the City of Boynton Beach, a Florida municipal corporation ("City"), and Palm Beach School for Autism, Inc., a Florida not-for-profit corporation ("Contractor") (collectively referred to as the "Parties"). RECITALS A. On or about July 8, 2024, the Parties entered into a Work Experience Program Agreement (the "Agreement"). B. The Parties desire to amend the Agreement to modify the program dates. Now, therefore, in consideration of the mutual terms and conditions, promises, covenants, and payments hereinafter set forth, City and Contractor agree as follows: 1. The above Recitals are true and correct and are incorporated herein by reference. All capitalized terms not expressly defined within this Amendment shall retain the meaning ascribed to such terms in the Agreement. 2. Except as modified herein, all remaining terms and conditions of the Agreement shall remain in full force and effect. 3. The Agreement is hereby amended as follows (deletions indicated by strikethrough, additions indicated by underlining): 2.2.1. The initial program will begin on July 3, 2024 August 19, 2024, and continue through July 24, 2021 May 30, 2025. 4. In the event of any conflict or ambiguity between this Amendment and the Agreement, the Parties agree that this Amendment shall control. The Agreement, as amended herein by this Amendment, incorporates and includes all prior negotiations, correspondence, conversations, agreements, and understandings applicable to the matters contained herein, and the Parties agree that there are no commitments, agreements, or understandings concerning the subject matter hereof that are not contained in the Agreement as amended in this Amendment. Accordingly, the Parties agree that no deviation from the terms hereof shall be predicated upon any prior representations or agreements, whether oral or written. First Amendment to Golf Course Work Experience Agreement Page 1 of 3 5. Contractor acknowledges that through the date this Amendment is executed by Contractor, Contractor has no claims or disputes against City with respect to any of the matters covered by the Agreement. 6. The following new section is added to the Agreement(underlining omitted): (a) Anti-Human Trafficking. On or before the Effective Date of this Amendment, Contractor shall provide City with an affidavit attesting that the Contractor does not use coercion for labor or services, in accordance with Section 787.06(13), Florida Statutes. 7. The effective date of this Amendment shall be the date of complete execution by the Parties. 8. This Amendment may be executed in multiple originals, and may be executed in counterparts, whether signed physically or electronically, each of which shall be deemed to be an original, but all of which,taken together,shall constitute one and the same agreement. (The remainder of this page is blank.) First Amendment to Golf Course Work Experience Agreement Page 2 of 3 CITY CITY OF BOYNTON BEACH By Daniel Qugger,Ci Man r 1 days A. _ - �---1.1 BEAC,y`%� ��� ZE....••. �%1' Atte • ► JI ' ;oQ° O� City Clerk f u.:8 �- CITY ATTORNEY • ICE , :,,, �1y�% ��' ti ;CQ Approved s to • and legality ,�� •��"••"'•...e. F� By: CONTRACTOR PALM BEACH SCHOOL FOR AUTISM, INC. By Authorized Signer Rin C; b�`), �)CCcul,, -- ,+ ' Print Nameand Title v /s 0 D day of 1 U '../ST ,2024 SRW 7.23 24 First Amendment to Golf Course Work Experience Agreement Page 3 of 3