R24-178 1 RESOLUTION NO. R24-178
3 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON
4 BEACH, FLORIDA, APPROVING AN EVENT SPONSORSHIP AGREEMENT
5 BETWEEN THE CITY AND THE ALS ASSOCIATION,INC., FOR THE 2024 WALK
6 TO DEFEAT ALS BOYNTON ON SEPTEMBER 28, 2024 AT CENTENNIAL PARK
7 AND AMPHITHEATER;AND FOR ALL OTHER PURPOSES.
8
9 WHEREAS, amyotrophic lateral sclerosis is a progressive neurodegenerative disease that
10 affects nerve cells in the brain and the spinal cord. Sometimes referred to as Lou Gehrig's Disease,
l 1 the disease eventually leads to the death of nerve cells along with the loss of the ability to initiate
12 and control muscle movement. As the disease progresses, people lose the ability to walk, talk, eat,
13 and eventually breathe. The disease is always fatal, and there is no cure; and
14 WHEREAS, ALS is hosting the 2024 Walk to Defeat ALS Boynton on September 28, 2024,
15 at Centennial Park ("Event"); and
16 WHEREAS, the City desires to provide in-kind support to ALS for the Event in exchange
17 for receiving the "Cure Sponsor Benefits" further described within the Agreement; and
18 WHEREAS, the City Commission, upon the recommendation of staff, has deemed it to be
19 in the best interests of the city's citizens and residents to approve an Event Sponsorship
20 Agreement between the City and the ALS Association, Inc., for the 2024 Walk to Defeat ALS
21 Boynton on September 28, 2024, at Centennial Park and Amphitheater.
22
23 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON
24 BEACH, FLORIDA, THAT:
25 SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
26 being true and correct and are hereby made a specific part of this Resolution upon adoption.
27 SECTION 2. The City Commission of the City of Boynton Beach, Florida, does hereby
28 approve an Event Sponsorship Agreement between the ALS Association, Inc., and the City for the
29 2024 Walk to Defeat ALS Boynton on September 28, 2024, at Centennial Park and Amphitheater
30 (the "Agreement"), in form and substance similar to that attached as "Exhibit A."
31 SECTION 3. The City Commission of the City of Boynton Beach, Florida, hereby
32 authorizes the Mayor to execute the Agreement. The Mayor is further authorized to execute any
33 ancillary documents required under the Agreement or necessary to accomplish the Agreement's
34 and Resolution's purposes.
35 SECTION 4. The City Clerk shall retain one fully executed original of the Agreement as
36 a public record of the City. A copy of the fully executed Agreement shall be provided to Gabrielle
37 Favitta for forwarding to ALS.
38 SECTION 5. This Resolution shall take effect in accordance with law.
39
40 PASSED AND ADOPTED this day of 2024.
41 CITY OF BOYNTON BEACH, FLORIDA
42 YES NO
43 Mayor—Ty Penserga —p
44
45 Vice Mayor—Aimee Kelley
46 L.------
47
47 Commissioner—Angela Cruz
48
49 Commissioner—Woodrow L. Hay
50
51 Commissioner—Thomas Turkin
52
53VOTE LI_D
54 , ATT ST:
55
56 v"� it ..04: . . . j/'
57 Maylee se -.us, MPA, C • Ty Penserga 4
58 CityCler r Mayor
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59 ---01 NTON`‘��
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60 %Ok:�Q�P.RATF•.�y0'► APPROVED AS TO FORM:
61 (Corporate Seal) ►—; SEAL .
62 i V %M"" opoRMEDi f
63 192° •• Ail/K LA )6/7/
64 `% ''•••••'' p. % Shawna G. Lamb
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65 •.......... City Attorney
Event Sponsorship Agreement
This Agreement is between The ALS Association, Inc.,with a principal address of 1950 Craig Road,
Ste.200,St.Louis,MO 63146, hereinafter referred to as"ALS,"and the City of Boynton Beach,a municipal
corporation organized and existing under the laws of Florida, with a business address of 100 East Ocean
Avenue, Boynton Beach, Florida 33435, hereinafter referred to as"City."
WHEREAS, amyotrophic lateral sclerosis is a progressive neurodegenerative disease that affects
nerve cells in the brain and the spinal cord. Sometimes referred to as Lou Gehrig's Disease, the disease
eventually leads to the death of nerve cells along with the loss of the ability to initiate and control muscle
movement. As the disease progresses, people lose the ability to walk, talk, eat, and eventually breathe.
The disease is always fatal,and there is no cure; and
WHEREAS, ALS is hosting the 2024 Walk to Defeat ALS Boynton on September 28, 2024 at
Centennial Park ("Event"); and
WHEREAS, the City desires to provide in-kind support to ALS for the Event in exchange for
receiving the "Cure Sponsor Benefits"further described herein.
WITNESSETH
NOW,THEREFORE, for and in consideration of the sum of the mutual covenants and other good and
valuable consideration,the receipt of which is hereby acknowledged,the parties agree as follows:
1. Event Details.ALS is holding and organizing the following Event:
a. Event Name: 2024 Walk to Defeat ALS
b. Date:September 28, 2024
c. Hours: 8:00 a.m.—2:00 p.m.
d. Event Schedule:
7:00 am to 8:00 am: Load In
8:00 am: Event Start
8:00 am to 10:00 am:Tented information, D1,Speakers on Amphitheater
10:00 am to 12:00 pm: 1-Mile Walk(loop secured by PD)
12:00 pm: Event End
12:00 pm to 2:00 pm: Load Out
e. Location: Centennial Park
2. Obligations of ALS.
a. ALS shall pay a$1,500 facility rental fee to the City for the use of Centennial Park and provide
proof of all requisite insurance coverage as deemed necessary by the City for the Event
b. ALS shall pay a $50 event application fee
c. ALS shall pay $912 for police services (to be invoiced by Boynton Beach Police Department
directly)
d. ALS shall provide the City with the Cure Sponsor Benefits Package,which includes:
i. City of Boynton Beach, Boynton Beach Police Department and Boynton Beach Fire
Rescue Department logo displayed on all Event day signage
ii. Recognition of the City of Boynton Beach, Boynton Beach Police Department and
Boynton Beach Fire Rescue Department on the Event website
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iii. City of Boynton Beach, Boynton Beach Police Department and Boynton Beach Fire
Rescue Department logo displayed on Event t-shirt
iv. City of Boynton Beach to receive a vendor booth at Event
v. City of Boynton Beach will have the opportunity for a representative to speak at the
Event
vi. City of Boynton Beach will be a presenting sponsor for the Event
vii. City of Boynton Beach will have an opportunity to participate in sponsored Event day
activations (Kid Zone, Unlock Booth, or Cool Zone). Specifics to be determined by the
parties.
e. Compliance with Laws.In the conduct of the activities under this Agreement,ALS shall comply
with all applicable City, County, Federal, and State laws. ALS shall obtain at its own expense
all required licenses and permits that may be required in connection with the Event.
3. Obligations of City. In exchange for the benefits described in Paragraph 2 above, City shall
contribute the following in-kind support for the Event:
a. Police Assistance: provide PSA to close Ocean Ave and SE 1st Ave, between S. Seacrest Blvd.
&SE 1st Street
b. Fire Assistance: Provide a service cart from 10 am to 12 pm (during walk). Station 1 will
provide assistance if needed before and after.
c. City Assistance: Provide access to City Hall restrooms from 8 a.m. to 12 p.m. for attendees
and provide City Event staff for on-site assistance from 6 a.m.to 2 p.m.
4. Indemnification.ALS agrees to indemnify,defend,and hold City harmless from any and all claims,
demands, losses, liabilities, and expenditures, including attorneys' fees, court costs, and expenses,
including through the conclusion of any appellate proceedings or causes of action whatsoever, raised or
asserted by any person or entity not a party to this Agreement against City, by reason of, caused by, or
resulting, in whole or in part, from the performance of this Agreement by ALS, including any alleged
infringement of copyrights, intellectual property rights, patent rights and/or the unauthorized or
unlicensed use of any material, property, mark, or logo provided by ALS to City in connection with
performance of Agreement. If any claim is brought against City, ALS shall, upon written notice from City,
defend City with counsel satisfactory to City. Nothing contained in this Agreement, nor contained herein
is intended nor shall be construed to waive City's rights and immunities under the common law or
§768.28, Florida Statutes,as may be amended from time to time,as amended,regardless of whether said
liability be based in tort,contract, indemnity or otherwise.
5. Independent Contractor. In performing funding under this Agreement, it is understood that ALS
is an independent contractor and that nothing contained herein is intended to create,or is to be construed
as creating,a partnership or any joint relationship between ALS and City.The City will not be liable for any
obligation incurred by ALS.
6. Venue. This Agreement constitutes the complete understanding of the City and ALS shall be
governed by the laws of the State of Florida as now and hereinafter in force.The venue for actions arising
from this Agreement shall be exclusively in Palm Beach County, Florida.
7. Binding Authority. The person signing this Agreement on behalf of ALS warrants that he or she
has full legal power to execute this Agreement on behalf of ALS and to bind and obligate ALS with respect
to all provisions contained in this Agreement.
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8. Limitation of Liability. Notwithstanding any provision of the Agreement to which it is applicable,
City's liability to ALS shall be limited to $1,000, regardless of whether said liability be based in tort,
contract, common law, or otherwise; and in no event shall City be liable to ALS for punitive or exemplary
damages, lost profits, or consequential damages.
9. Consideration Adequate. ALS and City recognize that various provisions of this Agreement
provide for indemnification by ALS and require specific consideration to be given therefor. ALS and City,
therefore, agree that the sum of Ten Dollars and 00/100 ($10.00), receipt of which is hereby
acknowledged, is the specific consideration for such indemnities. Furthermore, ALS and the City
understand and agree that the covenants and representations relating to the indemnification provision
shall survive the term of this Agreement and continue in full force and effect as to ALS' responsibility to
indemnify the City.
10. Use of ALS Logo. ALS agrees to grant the City a limited license to use its logo and name ("ALS
Materials") to promote the Event and City's support thereof. ALS represents and warrants that the ALS
Materials do not infringe on any third party's proprietary, personal, privacy, or any other right of a third
party or infringe upon any other right of any kind, including without limitation, rights affecting copyright,
patent, trademark, unfair competition, defamation, privacy, or publicity; and ALS has obtained any
necessary permissions from any third party if a third party or third party's property appears in the ALS
Materials.
11. Use of City Logo. City agrees to grant ALS a limited license to use its logo and name ("City
Materials")for the purposes described herein.City represents and warrants that the City Materials do not
infringe on any third party's proprietary, personal, privacy, or any other right of a third party or infringe
upon any other right of any kind, including without limitation, rights affecting copyright, patent,
trademark, unfair competition, defamation, privacy, or publicity.
12. Weather.The Event will be held regardless of weather conditions(rain or shine). If ALS determines
it is necessary to cancel the Event because of severe weather conditions,ALS is still responsible for paying
the City all fees and providing the advertising sponsorship deliverables.
13. Third-Party Beneficiaries. ALS and City do not intend to directly or substantially benefit a third
party by this Agreement.Therefore, there are no third-party beneficiaries to this Agreement and no third
party shall be entitled to assert a right or claim against ALS or City based upon this Agreement.
IN WITNESS WHEREOF,the parties have executed this Agreement the day and year written below.
THE ALS ASSOCIATION, INC. CITY OF BOYNTON BEACH
B
4111- 4,41W By: ��JJ, I A
I)_l. Ty Penserga,M:yor
Name;X[�it L1,1Crk rve,� 'n IK9
Title: 1MC'.C-1 Op, N-\,52m+ Date: y—LL IAS4- c90 , 2024
N\c,��;�,c�IZ �]
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Date: ; )v ILL I I r , 2024 CITY ATTORNEY'S OFFICE
Approv as to forj l`egity
By: dG 1 GfJ�'I/KJ
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