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R25-005 RESOLUTION NO. R25-005 2 3 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON 4 BEACH, FLORIDA, APPROVING THE FACILITY USE AGREEMENT FOR 5 ARTS & CULTURAL CENTER BETWEEN THE CITY AND SPOTLIGHT 6 STARS SCHOOL OF THE ARTS K-5, TO PROVIDE S.T.E.A.M., NEURO- 7 ARTS, MINDFULNESS, AND JAPANESE IMMERSON PROGRAMS TO 8 YOUTH; AND FOR ALL OTHER PURPOSES. 9 10 WHEREAS, the City is the owner of the real property known as the Boynton Beach Arts >> and Cultural Center ("Arts & Cultural Center"), located at 125 E. Ocean Avenue, Boynton Beach, 12 Florida; and 13 WHEREAS, Spotlight Stars School of the Arts K-5 ("Spotlight"), a private non-profit 14 educational organization, desires to use the Arts & Cultural Center for art classes and programs 15 for K-5th grade students; and 16 WHEREAS, the City desires to work with Spotlight in the interest of establishing rich 17 cultural experiences, including concerts and programming for the citizens of the City, offering 18 cutting-edge curriculum combining S.T.E.A.M., Neuro-Arts, Mindfulness, and Japanese language 19 immersion with virtual learning to provide innovative, creative global arts for youth ages five to • 20 ten years old; and 21 WHEREAS, the City agrees to make the Arts & Cultural Center available for use by 22 Spotlight to conduct its program activities; and 23 WHEREAS, the City is willing to permit Spotlight to utilize the Arts & Cultural Center, 24 subject to the terms and conditions outlined in the facility use agreement between the City and 25 Spotlight, for a nine (9) month art residency program; and 26 WHEREAS, the City Commission, upon the recommendation of staff, has deemed it in the 27 best interests of the City's citizens and residents to approve the Facility Use Agreement for the 28 Arts & Cultural Center between the City and Spotlight. 29 30 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON 31 BEACH, FLORIDA, THAT: 32 SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 33 being true and correct and are hereby made a specific part of this Resolution upon adoption. 34 SECTION 2. The City Commission of the City of Boynton Beach, Florida, does hereby 35 approve the Facility Use Agreement for the Arts &Cultural Center between the City and Spotlight 36 Stars School of the Arts K-5 (the "Agreement"), in form and substance similar to that attached as 37 Exhibit A. 38 SECTION 3. The City Commission of the City of Boynton Beach, Florida, hereby 39 authorizes the Mayor to execute the Agreement. The Mayor is further authorized to execute any 40 ancillary documents required under the Agreement or necessary to accomplish the purposes of 41 the Agreement and this Resolution. 42 SECTION 4. The City Clerk shall retain the fully executed Agreement as a public record 43 of the City. A copy of the fully executed Agreement shall be provided to Kelly Armstead. 44 SECTION 5. This Resolution shall take effect in accordance with law. 45 46 47 48 [SIGNATURES ON THE FOLLOWING PAGE] 49 50 PASSED AND ADOPTED this 1141 day of Ci"U0` 2025. 51 CITY OF BOYNTON BEACH, FLORIDA 52 YES NO 53 Mayor-Ty Penserga 54 55 Vice Mayor-Aimee Kelley 56 57 Commissioner-Angela Cruz 58 59 Commissioner-Woodrow L. Hay './- 60 61 Commissioner-Thomas Turkin 62 63 VOTE --(9 64 AT EST: Oais• 6 66 • r/W7Z- If , __' ' 67 Maylee h -sus, MPA, C T -- 68 City Cl i Mayor 69 _ _-��.��` 70 OF BOYNT �`� APPROVED AS TO FORM: i�.' coRPp�,•. /ji 1� 71 (Corporate Seal)/C.) Sr '�TF:I 72 S IN '4/, •� 73 I : 10-?4,n6 OORPOR �=i F • 74 Shawna G. Lamb 75 '`y'�fp•'•••'••• � City Attorney . RIDA� . p� 131 CITY OF BOYNTON BEACH (\LZI. l"I1.�1 u TCN 13'F,P ARTS& CULTURE DEPARTMENT FACILITY USE AGREEMENT BETWEEN Spotlight Stars School of the Arts AND THE CITY OF BOYNTON BEACH This Agreement made and entered into this 29th day of November, 2024 by and between Spotlight Stars School of the Arts K-5 ,a private nonprofit educational organization, with a business address Spotlight Stars School of the Arts, 12361 Hagen Ranch Rd, Suite 503 PMB 1008, Boynton Beach, FL 33437, United States (hereinafter referred to as Organization) and CITY OF BOYNTON BEACH, a Florida municipal corporation, organized and existing under the laws of the State of Florida, with a business address of 100 East Ocean Avenue, Boynton Beach, FL 33435, (hereinafter referred to as City). The City and Organization may be referred to collectively as the Parties or individually as a Party. WITNESSETH: WHEREAS,the City owns and operates the Boynton Beach Arts and Cultural Center located at 125 E. Ocean Avenue, Boynton Beach, Florida 33435 (the City Facility") and WHEREAS,the Organization desires to utilize the City Facility for arts classes and programs for K- 5t"grade students (the "Programing"); and WHEREAS, the City desires to work with the Organization in the interest of establishing rich cultural experiences, such as concerts and programming for the entire Boynton Beach Community; WHEREAS, the City agrees to make City facilities located at the Boynton Beach Arts & Cultural Center available for use by the Organization to conduct their program activities in accordance with the terms and conditions set forth herein; and WHEREAS, the Organization agrees to host the City programming herein required for the benefit of the City and its Community. NOW, THEREFORE, in consideration of the covenants herein contained and other good and valuable considerations, the parties agree as follows: 1. Recitals. The foregoing recitals are true and correct and are hereby incorporated into this Agreement. 2. Purpose. The City's desire to support the Organization is consistent with the vision and mission of the City's Strategic Plan as approved by the City Commission, to wit: 2.1 Vision. Our vision is to be a welcoming and progressive coastal community that celebrates culture, innovation, and business development. 2.2 Mission. The City is a vibrant and sustainable community that provides exceptional services. 3. Facility Usage Dates and Times. The City agrees to provide space at the City Facility to the Organization on an as-available basis for the Programming at the dates and time outlined in "Exhibit 1 Y A. CITY OF BOYNTON BEACH , ARTS& CULTURE DEPARTMENT 4'7:0 N 64' A." Notwithstanding the foregoing;the City reserves the right to change the dates or locations of the Programming, as may be necessary to accommodate any City-sponsored events or activities. The Organization shall adhere to the City's Holiday Calendar, which involves the closure of City Facilities, and shall not schedule any Programming during these dates. 4. Right to Cancel Reservation(s). The City shall make best efforts to secure the City Facility for use by the Organization at the dates and times described in Exhibit A; however, the City reserves the right to cancel any reservation by providing written notice of cancellation to the Organization a minimum of fourteen (14) calendar days prior to the scheduled event, or upon an emergency where City locations must be closed or otherwise unavailable. 5. Organization Obligations. The Organization acknowledges and agrees to be responsible for its activities and all Programming, which may include program registration, operation, communication to participants, program administration, and the printing of materials, etc. 5.1 Notwithstanding the foregoing, Programming that will take place at a City facility or location other than the Arts & Cultural Center shall be subject to the approval of the Arts & Culture Division Director or designee, and such programming shall be provided in accordance with the rules and policies of the designated City facility or location, such rules and policies shall be considered as part of this Agreement and incorporated herein by this reference. The City agrees to make the Organization aware of any such rules and policies as may be applicable. 5.2. Programming, excludes any activities scheduled or occurring prior to the execution of this Agreement. 5.3 All Programming pursuant to this Agreement shall be at the City's discretion and mutually agreed upon by the Parties as set forth in "Exhibit B", attached hereto. The Organization shall use the City Facility only to provide the Programming described in "Exhibit B." 5.4 Compensation. The Organization agrees to pay the City for the use of the City Facility in accordance with the terms and conditions contained herein, an amount equal to_two thousand five hundred (2,500)monthly through out the term agreement. 5.5 The Organization shall comply with all applicable State, County, and/or City Emergency Executive Orders and Policies for the duration of the Agreement, including implementing the Centers for Disease Control and Prevention Guidelines. The Organization shall provide the City with a copy of its safety plan and COVID-19 Policy upon request. 5.6 The Organization shall provide adult instructors, volunteers, and program staff necessary to deliver the Programming. 5.7 Annually, the Organization shall provide the City with proof of its not-for-profit status, if applicable. 5.8 The Organization shall provide a list of program representative names, positions, and contact 2 Y O� �` u" CITY OF BOYNTON BEACH C Lr.TL2.<1I ARTS& CULTURE DEPARTMENT 'afr information in the format attached hereto as "Exhibit C" and shall update the City with any changes as they occur. 5.9 The Organization shall not discriminate against any person or participant on the basis of race, color, sex, religion, national origin, disability, age, marital status, political affiliation, sexual orientation, pregnancy, or gender identity and expression in the performance of this Agreement when using the City Facility. 5.10 The Organization shall provide level II background screenings for all program representatives, including employees and volunteers, before allowing them to work onsite to conduct the Programming as further described in "Exhibit D." 5.11 The Organization shall schedule an annual meeting with the Facility Supervisor to discuss the program's outcomes and shall timely communicate any changes to the agreed-upon meeting day and time with the Facility Supervisor. 5.12 The Organization shall obtain any and all facility use or special events permits required for the Programming and pay all associated fees. 5.13 The Organization will be responsible for replacing City equipment damaged by the Organization or any program participants, and will be responsible for the cost to repair or replace the damaged property, and maintain the cleanliness of the City Facility. 5.14 The Organization shall provide all equipment and supplies needed to operate the Programming at the City Facility. 5.15 The Organization shall remove all program equipment and materials from the City Facility at the end of designated sessions as scheduled. The City will not provide storage for any equipment and will not be held responsible for any of the Organization's equipment. Notwithstanding the foregoing, the City may permit the Organization to store certain equipment in the City Facility; however, such storage shall be at the discretion of the City and must be approved in writing prior to storing the equipment on site. The City shall not be held responsible in any way for damage, loss, destruction, and/or theft of the Organization's equipment stored at the City Facility. The Organization shall indemnify and hold the City, its agents, employees, and public officials harmless from any claims arising from the storage of the Organization's equipment at the City Facility. 5.16 The Organization acknowledges and agrees that it will not alter or remove any property belonging to the City without the prior written permission of the designated City official. 6. City Obligations. 6.1 The City will assist with the marketing and promotion of the Programming as more particularly described in "Exhibit E." 3 Y p� a CITY OF BOYNTON BEACHAISS ~*oN 04"P ARTS& CULTURE DEPARTMENT 6.2 The City agrees to make the City Facility available to the Organization at the dates and times described in "Exhibit A." 6.3 The City has the authority to make changes to the use of approved space. 6.4 The City will determine the specific space to be utilized at the City Facility. 6.5 The City shall not relinquish the right to control the management of the City Facility during the term of the Agreement and will enforce all necessary rules, policies, and procedures established by the City of Boynton Beach. 6.6 City staff may, at their discretion, observe and monitor the actions of the Organization during scheduled Programming. 6.7 The City will not be held liable for royalties, fees, taxes, or other costs incurred by the Organization arising from the Programming. 6.8 The City has the authority to evacuate the City Facility during Programming when deemed necessary for the safety of the public, patrons, and guests. 6.10 The City reserves the right, through its representatives, agents, and police, to eject any objectionable person/persons from the City Facility, and upon the exercise of this authority, the Organization hereby waives any right and all claims for damages against the City. 7. Term and Termination. 7.1 Term. The term of the Agreement shall begin August 1, 2025 and expire on May 31, 2026 . The Parties hereto may renew the Agreement in a subsequent amendment signed by the Parties hereto. 7.2 Termination for Convenience. Either Party may terminate this Agreement for convenience by providing the non-terminating Party thirty (30) calendar days written notice of termination. In the event of termination for convenience, the Organization shall receive a refund of compensation based on a pro-rata basis corresponding with the Programming that will no longer occur; such refund shall be at the sole discretion of the City. 7.3 Termination for Cause. The City may terminate this Agreement for cause effective immediately upon occurrence of one of the following: 7.3.1 The Organization's discourteous actions/behavior towards patrons, participants, parents, and/or staff. 7.3.2 The Organization's failure to cooperate with City staff. 7.3.3 Actions that bring negative publicity to the City of Boynton Beach. 4 \ Y OR, (dr • . ) CITY OF BOYNTON BEACH 4' ARTS&CULTURE DEPARTMENT TON e 7.3.4 Illegal Activities of the Organization. 7.3.5 Consumption or possession of tobacco, alcoholic beverages, or illegal substances at the City Facility or on any City of Boynton Beach property. 7.3.6 Failure to comply with the public records requirements set forth in Section 119.0701, Florida Statutes 7.3.7 Assignment of Agreement without prior written consent from the City. 7.3.8 Failure to provide the City with a current copy of insurance that covers the Organization's Programming. 7.3.9 Failure to comply with any of the terms or conditions set forth herein. 8. Safety. The Organization shall adhere to all health and safety wellness guidelines established by the City or any state, federal, or local agency during the Programming. 9. Independent Contractor. The Organization 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 utilizing the City Facility, neither Organization nor its agents shall act as officers, employees, or agents of City. Organization shall not have the right to bind City to any obligation not expressly undertaken by City under this Agreement. 10. Indemnification. The Organization shall indemnify and hold harmless the City, its elected and appointed officers, agents, assigns and employees, consultants, separate contractors, any of their subcontractors, or sub-subcontractors, from and against claims, demands, or causes of action whatsoever, and the resulting losses, damages, costs, and expenses, including but not limited to attorneys' fees, including paralegal expenses, liabilities, damages, orders, judgments, or decrees, sustained by the City arising out of or resulting from (A) Organization's performance or breach of this Agreement, (B) acts or omissions, negligence, recklessness, or intentional wrongful conduct by Organization, its agents, employees, subcontractors, participants, and volunteers, and (C) Organization's failure to take out and maintain the insurance required by this Agreement. The Organization shall pay all claims and losses in connection therewith and shall investigate and defend all claims, suits, or actions of any kind or nature in the name of the City, where applicable, including appellate proceedings, and shall pay all costs, judgments, and attorneys' fees which may issue thereon. The obligations of this section shall survive indefinitely regardless of expiration or termination of this Agreement. 11. 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. 12. Amendment. This Agreement may be supplemented or amended only by a written amendment 5 Y p� c CITY OF BOYNTON BEACH �P ARTS &CULTURE DEPARTMENT ryrO N e executed by the Parties hereto. 13. Insurance. The Organization shall provide proof of Liability Insurance for $1,000.000, listing the City of Boynton Beach as an Additional Insured and the Certificate Holder. The Organization shall provide the City's Risk Manager with the Certificates of Insurance required under this section before beginning performance under this Agreement. The Organization will retain all necessary insurance in force throughout the term of this Agreement. 14. Public Records. The City is a public agency subject to Chapter 119, Florida Statutes. If applicable, the Organization shall comply with the requirements of Chapter 119, Florida Statutes, with respect to any documents, papers, and records made or received by Organization in connection with this Agreement. If the Organization has questions regarding the application of Chapter 119, Florida statutes, to the Organization's duty to provide public records relating to this Agreement, contact the custodian of public records, City Clerk's Office, 100 East Ocean Avenue, Boynton Beach, Florida 33435, 561-742-6060, CityClerk@bbfl.us. 15. Notice. Whenever any Party desires to give notice unto any other Party, it must be provided by written notice, sent by certified mail, with return receipt requested, addressed to the Party for whom it is intended and the remaining Party, at the places last specified, and the places for giving of notice shall remain such until they shall have been changed by written notice in compliance with the provisions of this section. For the present, the Parties designate the following as the respective places for giving notice: City: Dan Dugger, City Manager City of Boynton Beach 100 East Ocean Ave, Boynton Beach, Florida 33435 Telephone No. (561) 742-6000 Copy To: City Attorney City of Boynton Beach 100 East Ocean Ave, Boynton Beach, Florida 33435 Telephone No. (561) 742 - 6050 Organization: Melissa Williams Malinda Starling Spotlight Stars School of the Arts 12361 Hagen Ranch Rd Suite 503 PMB 1008 Boynton Beach, FL 33437 United States 6 Y oa CITY OF BOYNTON BEACH Isq\- cLt ~o * • 0�P ARTS& CULTURE DEPARTMENT 16. Governing Law and Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida as now and hereafter in force. 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. 17. Force Majeure. If the performance of this Agreement, or any obligation hereunder, is prevented by reason of hurricane, earthquake, or other casualty caused by nature, epidemic, pandemic, or other public health emergency, or by labor strike, war, or by a law, order, proclamation, regulation, ordinance of any governmental agency (collectively, "Force Majeure Event"), the Party so affected, upon giving prompt notice to the other Party, shall be excused from such performance to the extent of such prevention, provided that the affected Party shall first have taken reasonable steps to avoid and remove such cause of non-performance and shall continue to take reasonable steps to prevent and remove such cause, and shall promptly notify the other Party in writing and resume performance hereunder whenever such causes are removed; provided, however, that if such inability to perform due to the Force Majeure Event exceeds sixty (60) consecutive days, the Party that was not prevented from performance by the Force Majeure Event has the right to terminate this Agreement upon written notice to the other Party. This section shall not supersede or preclude the exercise of any right either Party may otherwise have to terminate this Agreement. 18. Regulatory Capacity. Notwithstanding the fact that the City is a municipal corporation with certain regulatory authority, the City's performance under this Agreement is as a Party to this Agreement and not in its regulatory capacity. If the City exercises its regulatory authority, the exercise of such authority and the enforcement of applicable law shall have occurred pursuant to the City's regulatory authority as a governmental body separate and apart from this Agreement and shall not be attributable in any manner to the City as a Party to this Agreement. 19. Binding, Authority. Each person signing this Agreement on behalf of either Party individually warrants that they have the full legal power to execute the Agreement on behalf of the Party for whom they are signing and to bind and obligate such Party with respect to all provisions contained in this Agreement. 20. Attorney's Fees. In the event that either Party brings suit to enforce the Agreement, each Party shall bear its own attorney's fees and court costs. 21. Counterparts and Execution. The Agreement may be executed by electronic signature or by hand, in multiple originals or counterparts, each of which shall be deemed to be an original and together shall constitute one and the same agreement. Execution and delivery of the Agreement by the Parties shall be legally binding, valid, and effective upon delivery of the executed documents to the other Party through facsimile transmission, email, or other electronic delivery. 22. Compliance with Laws. The Organization hereby warrants and agrees that at all times material to 7 GST V O� = CITY OF BOYNTON BEACH (\L�vL'IA1. 0� - P ARTS & CULTURE DEPARTMENT r0 N - the Agreement, the Organization shall perform its obligations in compliance with all applicable federal, state, and local laws, rules, and regulations, including the Americans with Disabilities Act, 42 U.S.C. § 12101, Section 504 of the Rehabilitation Act of 1973, and Section 501.171, Florida Statutes. Non-compliance may constitute a material breach of the Agreement. 23. Severability. If any provision of this Agreement or its application to any person or situation shall be held invalid or unenforceable to any extent, the remainder of this Agreement and the application of such provisions to persons or situations other than those as to which it shall have been held invalid or unenforceable shall not be affected thereby and shall continue in full force and effect and be enforced to the fullest extent permitted by law. 24. Third-Party Beneficiaries. Neither Organization 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. 25. Entities of Foreign Concern. This section shall apply if the Organization or any subcontractor will have access to an individual's personal identifying information under this Agreement. Accordingly, Organization represents and certifies: (i) Organization is not owned by the government of a foreign country of concern; (ii) the government of a foreign country of concern does not have a controlling interest in Organization; and (iii) Organization is not organized under the laws of and does not have its principal place of business in, a foreign country of concern. On or before the Effective Date or the date that Organization or its subcontractor will have access to personal identifying information under this Agreement, Organization and any subcontractor that will have access to personal identifying information shall submit to City executed affidavit(s) under penalty of perjury, in a form approved by City attesting that the entity does not meet any of the criteria in Section 287.138(2), Florida Statutes. Terms used in this section that are not otherwise defined in this Agreement shall have the meanings ascribed to such terms in Section 287.138, Florida Statutes. 26. Anti-Human Trafficking. On or before the Effective Date of the Agreement, the Organization shall provide the 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. 27. Verification of Employment Eligibility. The Organization represents that Organization and each subcontractor have registered with and use the E-Verify system maintained by the United States Department of Homeland Security to verify the work authorization status of all newly hired employees in compliance with the requirements of Section 448.095, Florida Statutes, and that entry into this Agreement will not violate that statute. If the Organization violates this section, the City may immediately terminate this Agreement for cause, and the Organization shall be liable for all costs incurred by the City due to the termination. 28. Discriminatory Vendor and Scrutinized Companies Lists; Countries of Concern. The Organization represents that it has not been placed on the "discriminatory vendor list" as provided in Section 287.134, Florida Statutes, and that it is not a "scrutinized company" pursuant to Sections 215.473 or 215.4725, Florida Statutes. The Organization represents and certifies that it is not, 8 Y 0 CITY OF BOYNTON BEACH ( t9, '1 2A1. 4, ARTS N ��P ARTS& CULTURE DEPARTMENT and for the duration of the term, will not be, ineligible to contract with the City on any of the grounds stated in Section 287.135, Florida Statutes. The Organization represents that it is, and for the duration of the term will remain, in compliance with Section 286.101, Florida Statutes. 29. 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. IN WITNESS OF THE FOREGOING, the Parties have set their hands and seals the day and year first written above: ATTEST. - CITY OF BOYNTON BEACH ��� I�� ` I �/ Maylee 'eJ-s •, BY: 7. CITY CL R / _.ep POR o4;\ �yP n = ga,Mayor GSR qTv •-5DATE: //8 ZO 2-f SEAL : ' APPROVED AS TO FORM: :INCORPORATED; ' Orpanizat on: fkrf fc 1920 , Jreflilhf � �ieeC ofie Arts ATTORNEY 1h _r....... .. BY�j'Yc�o.00��,�0l�y � TITLE: Go-DIM 9 Y o� CITY OF BOYNTON BEACH ( UI " 1 2.\1 o tiT N OSP ARTS& CULTURE DEPARTMENT EXHIBIT A FACILITY USE DATES,TIMES, AND AUTHORIZED SPACE Facility Usage Dates: • Start Date: August 1, 2025 • End Date: May 31, 2026 • Facility use is subject to the City's holiday schedule and availability as determined by the city. Facility Usage Times: Monday—Friday: • Before-School Drop-Off: o Time: 7:30 AM —8:30 AM o Space will be available for children arriving early to accommodate parents who need to be at work by 8:00 AM. • Regular Time: o 8:30 AM —2:30 PM • Afterschool Extended Pickup: o Time: 2:30 PM—4:30 PM o Available as needed, depending on demand and scheduling requirements. • Weekend Programming Saturday: • Time: To Be Announced (TBA) • Purpose: Reserved for focused workshops on Japanese cultural arts, mindfulness activities, and community performances or exhibitions, subject to facility availability. Facility Specifications: • Use of the bottom floor of the Boynton Beach Arts & Cultural Center is included in this agreement to ensure adequate space for programming and activities. No programming will be scheduled on Sundays or during City-recognized holidays. Authorized Spaces: 1. Classroom A: o Designated for academic instruction, arts integration, small group activities, mindfulness sessions, and arts and crafts projects. 10 Y p� s CITY OF BOYNTON BEACH (\l >'. L AI o e ARTS&CULTURE DEPARTMENT ON 2. Dance Studio: o Designated for dance, music, theater movement, and Japanese theater practices, fostering creative expression and cultural exploration. 3. Art Room: o Designated for visual arts activities, including painting, drawing, sculpture, and academic lessons that integrate STEAM principles with arts education. 4. Outdoor Courtyard: o Designated for outdoor learning, cultural fairs, mindfulness exercises, physical activities, and serving as a welcoming area for students during morning arrival and after-school dismissal. 5. Playground: o Designated for recreational activities, physical education, and fostering social interaction and teamwork among students. Notes: • Facility spaces and times may be subject to adjustments based on City-sponsored events. 11 V OA CITY OF BOYNTON BEACHo 4 ARTS& CULTURE DEPARTMENT ~TON EXHIBIT B PROGRAMMING DESCRIPTION Program Overview Spotlight Stars School of the Arts K-5 is a private nonprofit school that offers a comprehensive and holistic educational program that combines high-quality arts instruction, foundational academic learning, mindfulness practices, and cultural immersion. Hosted at the Boynton Beach Arts & Cultural Center, the program is designed to foster creativity, emotional well-being, and academic excellence through an innovative approach that seamlessly integrates STEAM (Science, Technology, Engineering, Arts, and Math) principles with a uniquely tailored educational experience. Program Components 1. Core Academic Integration o Language Arts: • Students strengthen reading, writing, and communication skills through project- based learning,journaling, storytelling, and creative writing activities. • Lessons align with arts and mindfulness themes to build literacy while nurturing self-expression. o Mathematics: • Practical math concepts are taught through arts and STEAM projects, including sculpture measurements, proportionality in visual arts, and budgeting for creative projects. o Science and Technology: • Hands-on activities explore scientific principles, such as sound waves in music, chemical reactions in art materials, and basic robotics and engineering integrated into storytelling and design. 2. Arts Education o Visual Arts: • Students engage in painting, drawing, sculpture, and mixed media projects to develop motor skills, spatial awareness, and creative expression. o Performing Arts: • Dance, music, and theater classes focus on performance techniques, cultural 12 V OA Z' CITY OF BOYNTON BEACH o C,�>j. LFaI. ARTS&CULTURE DEPARTMENT ~roN 9 appreciation, and teamwork, with a special emphasis on Japanese performing arts traditions. o Creative Technology: • Activities like digital art, animation, and introductory coding merge creativity with technology, preparing students with 21st-century skills. 3. Mindfulness and Neuro-Arts o Mindfulness Practices: • Guided relaxation, breathing exercises, and movement-based mindfulness techniques help students regulate emotions, build focus, and develop resilience. o Neuro-Arts Activities: • Artistic exercises, such as music composition and visual design, stimulate cognitive growth, emotional well-being, and creativity by engaging both hemispheres of the brain. 4. Japanese Language and Cultural Immersion o Language Instruction: • Students learn foundational Japanese vocabulary, grammar, and conversation skills, focusing on speaking, reading, and writing. o Cultural Exploration: • Activities include traditional arts (e.g., calligraphy, origami), music, and theater, fostering cultural awareness and appreciation for global traditions. 5. STEAM Integration o Project-Based Learning: • Students participate in interdisciplinary projects that combine science, technology, engineering, arts, and math. Examples include designing musical instruments, integrating robotics into visual storytelling, and creating functional art pieces. 6. Community Events and Performances o Public Showcases: • Regular performances, art exhibitions, and cultural showcases allow students to share their progress and achievements with the community, building confidence 13 TTy0 m CITY OF BOYNTON BEACH ( � L �t�l oONam° ARTS&CULTURE DEPARTMENT and communication skills. Participant Demographics • Age Range: 5-11 years (Grades K-5). • Program Capacity: Flexible group sizes and sessions will ensure personalized attention and adapt to space and activity type. Weekly Schedule • Monday—Friday: o Rotating schedule with core academics (Language Arts, Math, Science) and arts-based activities, including Visual Arts, Performing Arts, and Japanese Language. o Mindfulness sessions are integrated daily to promote emotional balance. • Saturday: o Special workshops on Japanese cultural arts and community performances or exhibitions. Program Goals • Provide a well-rounded education that integrates academic fundamentals with the arts. • Foster creativity, critical thinking, and cultural literacy in young learners. • Support emotional and cognitive development through neuro-arts and mindfulness. • Cultivate a lifelong appreciation for diverse traditions and STEAM-based innovation. Metrics for Success • Student Engagement: o Measured through attendance, participation rates, and involvement in performances and exhibitions. • Academic and Artistic Growth: o Assessed through project outcomes, academic milestones, language proficiency, and student portfolios. • Community Impact: o Positive feedback from families, community leaders, and local organizations regarding student achievements and program events. o Enhanced through community partnerships with local businesses and cultural organizations to co-host events, such as art festivals, cultural fairs, mindfulness and 14 Y OA c (\(4". CITY OF BOYNTON BEACH U(. L11AI. 4. ARTS&CULTURE DEPARTMENT 4P ~pON e wellness retreats, and local theater and dance performances. o Projected Revenue: $30,000—$50,000 annually from sponsorships, vendor fees, and event co-branding opportunities. 15 \ Y p*. c 4.. _" CITY OF BOYNTON BEACH N�ZZ CU�. VAI roN ��P ARTS&CULTURE DEPARTMENT EXHIBIT C LIST OF ORGANIZATION REPRESENTATIVES AND TITLES Name Title Melissa Williams Owner Malinda Starling Owner 16 Y O. as . _" CITY OF BOYNTON BEACH }� Ni ARTS& CULTURE DEPARTMENT EXHIBIT D BACKGROUND SCREENING ACKNOWLEDGEMENT Organization through the undersigned named below, hereby attests that Organization understands and agrees to comply with the Level II background screening requirements more particularly described in Section 435.04, Florida Statues. Organization acknowledges and agrees no person other than those who have successfully passed all aspects of the Florida Department of Law Enforcement Level II background screening process within the previous five (5) years shall be permitted to act on behalf of or in any official capacity for Organization for the use of the City Facility during the term of Agreement. Organization acknowledges and agrees that it is responsible for ensuring that all instructors, teachers, staff, volunteers, and agents of Organization successfully complete and pass the Level II background screening before all authorized activities. City shall not be responsible for the cost associated with the Level II background screening required herein. Organization agrees to indemnify City against any claims, causes of action, or damages arising from or related to Organization's failure to ensure all individuals acting on behalf of or in any official capacity Organization have completed and passed the required Level II background screening as required herein. ORGANIZATION: Signature Date Name (Print) Phone Number Email STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me by means of physical presence or online notarization this day of , 202_ by as of (NOTARY SEAL) (SIGNATURE OF Notary Public-State of Florida) (Name of Notary Typed, Printed, or Stamped) Personally known OR Produced Identification Type of Identification Produces 17 G1-Y O, CITY OF BOYNTON BEACH . o}�Ttd ON enc ARTS& CULTURE DEPARTMENT EXHIBIT E MARKETING AND PROMOTION OF THE PROGRAMMING 18