R25-215 RESOLUTION NO. R25-215
1 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON
2 BEACH, FLORIDA, APPROVING THE WORK EXPERIENCE PROGRAM AND
3 APPROVING A STANDARD TEMPLATE AGREEMENT BETWEEN THE CITY
4 AND PALM BEACH SCHOOL FOR AUTISM, INC.; PROVIDING AN EFFECTIVE
5 DATE; AND FOR ALL OTHER PURPOSES.
6
7
8 WHEREAS, Palm Beach School for Autism, Inc. ("Contractor") operates the Palm Beach
9 School for Autism, which operates a work readiness program to prepare high school-aged
10 students ("Students") to succeed in the workforce; and
11 WHEREAS, Contractor works with local businesses and organizations to identify
12 opportunities that will provide Students with on-site work experience; and
13 WHEREAS, upon the recommendation of staff, the City Commission has deemed it in the
14 best interests of the City's citizens and residents to approve the Work Experience Program and a
15 standard template Agreement between the City and Palm Beach School for Autism, Inc.
16
17 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON
18 BEACH, FLORIDA, THAT:
19 SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
20 being true and correct and are hereby made a specific part of this Resolution upon adoption.
21 SECTION 2. The City Commission of the City of Boynton Beach, Florida, hereby approves
22 the Work Experience Program and a standard template Agreement between the City and Palm
23 Beach School for Autism, Inc., in form and substance similar to that attached as Exhibit A.
24 SECTION 3. The City Commission of the City of Boynton Beach, Florida, hereby
25 authorizes the City Manager to execute the standard template Agreement on an as-needed basis
26 to facilitate the Work Experience Program and such other related documents as may be necessary
27 to accomplish the purpose of the Agreement and this Resolution.
28 SECTION 4. This Resolution shall take effect in accordance with the law.
29
RESOLUTION NO. R25-215 11
30 PASSED AND ADOPTED this )q day of a�, l��'t 2025.
31 CITY OF BOYNTON BEACH, FLORIDA
32 YES NO
33 Mayor- Rebecca Shelton ✓
34
35 Vice Mayor—Woodrow L. Hay ✓
36
37 Commissioner—Angela Cruz
38
39 Commissioner—Thomas Turkin ✓
40
41 Commissioner— Aimee Kelley ✓
42
43 VOTE 5 -o
44 ATTEST:
45
46 !ice
4r-orMaylee De -sus, MPA, " C Rebecca Shelton
48 City Clerk Mayor
49
50 APPROVED AS TO FORM:
51 (Corporate Seal)
52
53 ,k OF BOy�y•� adezeilo
54 ;�G��•' CORpd..0,to Shawna G. Lamb
55 �N �� � City Attorney
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AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND PALM BEACH SCHOOL FOR
AUTISM, INC., FOR WORK EXPERIENCE PROGRAM AT [DEPARTMENT/FACILITY NAMEI
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 [DEPARTMENT/FACILITY NAME].
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 Administrators means the Golf Course Director and Senior Center Supervisor.
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 [DEPARTMENT/FACILITY NAME1 located at ,
Boynton Beach, FL 334_.
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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 program will begin in 202_ and continue through
202
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 at the [DEPARTMENT/FACILITY NAME] will be limited to
[SPECIFIC DUTIES/ACTIVITIES): List age-appropriate tasks (e.g., "filing, copying, data entry,
answering phones, assisting with public events, basic research tasks"). 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.
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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 [DAY OF WEEK - e.g., "Monday"j
through [DAY OF WEEK - e.g., "Friday"[ between the hours of [START TIME - e.g., "8:001
a.m. and JEND TIME - e.g., "3:00' l p.m. unless otherwise agreed to by the Parties.
Students shall not work more than [MAXIMUM DAILY HOURS - e.g., "4"1 hours per day or
[MAXIMUM WEEKLY HOURS - e.g., "201 hours per week.
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
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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.
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.
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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
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.
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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.
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.
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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.
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
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100 E. Ocean Avenue
Boynton Beach, Florida 33435
Email address: ddugger@bbfl.us
FOR CONTRACTOR:
Palm Beach School for Autism, Inc.
Attn:
8480 Lantana Road
Lake Worth, FL 33467
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
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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.
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.
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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 19th day of August 2025, and
Contractor, signing by and through its duly authorized to execute
same.
CITY CONTRACTOR
CITY OF BOYNTON BEACH, by and through PALM BEACH SCHOOL FOR AUTISM, INC.
its City Manager
By: By:
Daniel Dugger, City Manager Authorized Signer
day of , 2025
Approved as to form by Print Name and Title
City Attorney's Office
By day of , 2025
Shawna G. Lamb
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Exhibit A
Insurance Requirements
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