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R25-285 RESOLUTION NO. R25-285 1 2 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON 3 BEACH, FLORIDA, APPROVING A FACILITY USE AGREEMENT BETWEEN 4 THE CITY OF BOYNTON BEACH AND THE ALS ASSOCIATION, INC. FOR 5 THE 2025 WALK TO DEFEAT ALS BOYNTON ON NOVEMBER 15, 2025, 6 AT CENTENNIAL PARK AND AMPHITHEATER; AND FOR ALL OTHER 7 PURPOSES. 8 9 WHEREAS, the City desires to provide entities with an opportunity to rent and use 10 Centennial Park and Amphitheater ("the Facility") for events; and I ► WHEREAS, the ALS Association, Inc. has requested to rent the Facility for the 2025 Walk 12 to Defeat ALS Boynton Beach on Saturday, November 2025, from 8:00 AM to 2:00 PM; and 13 WHEREAS, the event will include a one-mile walk around the Town Square property with 14 an estimated 200 attendees; and 15 WHEREAS, the City will partner with the ALS Association, Inc. to provide staff assistance 16 for the event, including access to City Hall restrooms and Fire Rescue assistance for the walk; and 17 WHEREAS, the City Commission, upon the recommendation of staff, has deemed it in the 18 best interests of the City's citizens and residents to approve a Facility Use Agreement with The 19 ALS Association, Inc. for Centennial Park and Amphitheater. 20 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON 21 BEACH, FLORIDA, THAT: 22 SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 23 being true and correct and are hereby made a specific part of this Resolution upon adoption. 24 SECTION 2. The City Commission of the City of Boynton Beach, Florida, does hereby 25 approve a Facility Use Agreement with The ALS Association, Inc. for Centennial Park and 26 Amphitheater. 27 SECTION 3. The City Commission of the City of Boynton Beach, Florida, hereby 28 authorizes the Mayor to execute any ancillary documents as may be necessary to accomplish the 29 purpose of this Resolution. 30 SECTION 4. This Resolution shall take effect in accordance with law. 31 [SIGNATURES ON THE FOLLOWING PAGE] RESOLUTION NO. R25-285 32 PASSED AND ADOPTED this 1 day of WWNi..€yv1Nptf 2025. 33 CITY OF BOYNTON BEACH, FLORIDA 34 YES NO 35 Mayor- Rebecca Shelton ✓✓ 36 37 Vice Mayor-Woodrow L. Hay 38 39 Commissioner-Angela Cruz 40 41 Commissioner-Thomas Turkin 1/- 42 42 43 Commissioner-Aimee Kelley 44 45 VOTE -0 46 A ES • 47 0 48 42_ 49 Maylee Ile = us, MPA, MC Rebecca Shelton 50 City Clerk Mayor 51 180YN7-‘ � 52 ;ce�. •�.GORP� • . 6�`� APPROVED AS TO FORM: i 53 (Corporate Seal) f c3 SEAF•• v,� 54 rNc°RP L°RArFo55 i � Ig 20 ��� %n656 � •.•' Shawna G. Lamb 57 `�� OR�pp City Attorney ( ii,„. 0V, O,, \ 2 C v o'LTO N ''<''* FACILITY USE AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND ALS ASSOCIATION This Facility Use Agreement ("Agreement") is made and entered into this 15 day of October, 2025 by the City of Boynton Beach and between ALS Association, a nonprofit, with a business address of 1300 Wilson Boulevard, Suite 600, Arlington, VA 22209 (hereinafter referred to as "Renter") and CITY OF BOYNTON BEACH, a Municipal corporation, organized and existing under the laws of the State of Florida, with a business address of 100 E. Ocean Avenue Boynton Beach, FL 33435 (hereinafter referred to as City). The City and Renter may be referred to herein collectively as"Parties" or individually as a"Party." WITNESSETH WHEREAS, the City owns and operates the Centennial Park & Amphitheater located at 120 East Ocean Avenue, Boynton, Florida(the "City Facility"); and WHEREAS, Renter desires to utilize the Centennial Park& Amphitheater for ALS Walk around Town Square ("the Event"); and WHEREAS, the City agrees to make the City Facility available to Renter for use in accordance with the terms and conditions set forth herein. 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. Facility Usage Dates and Times. The City agrees to provide space at the City Facility to Renter on an as-available basis for the Event at the dates and time outlined in Exhibit A. Notwithstanding the foregoing; the City reserves the right to change the location of the Event, as may be necessary to accommodate any City-sponsored events or activities. Renter shall adhere to the City's Holiday Calendar, which involves the closure of City Facilities, and shall not schedule any programming during these dates. 3. Right to Cancel Reservation. The City shall make its best efforts to secure the City Facility for use by Renter at the date and times described in Exhibit A; however, the City reserves the right to cancel any reservation fourteen (14) days before the scheduled use or upon an emergency where City locations must be closed or otherwise unavailable. 4. Renter Obligations: • Renter shall use the City Facility only for the purposes described in Exhibit B. • Renter shall not discriminate against any person or participant on the basis of race, color, sex, religion, 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. • Renter shall provide equipment and supplies needed to operate the Event at the City Facility. • Renter shall provide adequate qualified personnel to staff the Event. • Renter is responsible for all Event setup, decoration, coordinating with vendors, and removal of all equipment following completion of the Event. • Renter must provide a detailed site map and complete Vendor list at least thirty (30) days prior to then Event. • Renter shall obtain any and all facility use or special events permits required for the Event and pay all associated fees. • Renter is responsible for replacing City equipment and property damaged by the Event or any event participants, and will be responsible for the cost to repair or replace of each item. • Renter 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. Renter shall provide the City with a copy of its safety plan and COVID-19 Policy upon request. 5. City Rights and Obligations: • City agrees to make the City Facility available to Renter at the dates and times described in Exhibit A. • The City has the authority to make changes to the use of approved space. • The City will determine the specific space to be utilized at the City Facility. • 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. • City staff may, at their discretion observe and monitor the actions of Renter during the Event. • The City has the authority to evacuate the City Facility during Event when deemed necessary for the safety of the public,patrons,and guests. • 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, and Renter hereby waives any rights and all claims for damages against the City. 6. Agreement Term. This Agreement shall commence on the Effective Date and automatically terminate thirty(30)days after the conclusion of the Event. 7. Rental Fee. As compensation for use of the City Facility, Renter shall pay the City the total amount of Six Thousand Two Hundred Twenty-Two Dollars($6,222.00). a. Application Fee: $50.00 PAID b. Amphitheatre Rental Fee: $1,500.00 PAID c. Event Staffing ($35/hour): $245.00 PAID i. Hours: 7 d. Boynton Beach Fire Rescue Fee: $1,200.00 PAID e. Boynton Beach Police Fee: $3,227.00 PAID 8. Payment Schedule. A nonrefundable booking deposit of fifty dollars ($50.00) shall be paid at the time the City Facility rental date is confirmed. Prior to the Tuesday before the Event, Renter shall make a final payment of One Thousand Seven Hundred Forty- Five Dollars ($1,745.00). The Fire Rescue Fee and Police Fee shall be invoiced and paid separately by the Departments. 9. Safety. Renter shall adhere to all health and safety wellness guidelines established by the City or any state, federal, or local agency during the Event. 10. Independent Contractor. Renter is an independent contractor of the City, and nothing in this Agreement shall constitute or create a partnership, joint venue, or any other relationship between the Parties. In utilizing the City Facility, neither Renter nor its agents shall act as officers, employees, or agents of the City. Renter shall not have the right to bind the City to any obligation not expressly undertaken by City under this Agreement. 11. Agreement Termination. 11.1 Termination for Convenience. Either Party may terminate this Agreement for convenience by providing the non-terminating Party with a thirty (30) calendar days written notice of termination. 11.2 Termination by Cause • Renter discourteous actions/behavior towards patrons, participants, parents or staff. • Renter's failure to cooperate with Recreation and Parks Department or Events Department staff. • Actions that bring negative publicity to the City of Boynton Beach. • Illegal activities of Renter. • Failure to comply with the public records requirements set forth in section 119.0701, Florida statues. • Consumption or possession of tobacco or illegal substances on City Facility property. • Assignment of this Agreement without prior written consent of the City. • Failure to provide the City with a copy of insurance that covers Renter's Event. 12. Indemnification. Renter shall indemnify and hold harmless the City, its elected and appointed officers, agents, employees, consultants, separate contractors, subcontractors, any of their subcontractors, from and against claims, demands, or cause of action whatsoever, and the resulting losses, damages, cost, and expenses, including but not limited to attorneys' fees, including paralegal expenses, liabilities, damages, orders, judgements, or decrees, sustained by the City arising out of or resulting from (A) Renter's performance or breach of this Agreement, (B) acts or omission, negligence, recklessness, or intentional wrongful conduct by Renter, its agents, employees, subcontractors, participants, and volunteers, and (C) Renter's failure to take out and maintain the insurance required by this Agreement. Renter 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 cost, judgements, and attorneys' fees which may issue thereon. The obligations of this section shall survive indefinitely regardless of expiration or termination of this Agreement. 13. 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 constructed as consent by City to be sued by third parties in any matter arising out of this Agreement. 14.Insurance. Renter shall provide proof of Insurance in accordance with the requirements of Exhibit C attached hereto, listing the City of Boynton Beach as an Additional Insured and the Certificate Holder. No access to the City Facility for load-in, setup, or any Event- related activities shall be granted until the required Certificate of Insurance has been received and approved by the City. 15.Alcohol. Unless specifically permitted, no alcoholic beverages of any kind are permitted at the City Facility. If alcohol is permitted,Renter must: • Obtain all required licenses and permits from the State of Florida Division of Alcoholic Beverages and Tobacco; • Provide proof of liquor license at least fourteen(14)days prior to Event; • Provide licensed and insured bartenders/servers; • Implement responsible alcohol service procedures; • Ensure alcohol service ends at least thirty(30)minutes prior to Event conclusion • Provide security to monitor alcohol consumption and prevent service to minors • Additional Insurance. Events serving alcohol require additional liability insurance as specified in Section 14. • Compliance. Failure to comply with alcohol service requirements may result in immediate Event termination and forfeiture of all fees and deposits. 16.Governing Law and Venue. This Agreement shall be governed by and constructed in accordance with the laws of the State off Florida as now and hereafter in force. The exclusive venue for any lawsuits arising from relate to, or in connection with this Agreement shall be in the state courts if the Fifteenth Judicial Circuit in and for Palm Beach County, Florda. If any clam 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 AND RIGHT IT MAY HAVE TO A TRAIL BY JURY OF ANY CIVIL LITIGATION RELATED TO THIS AGREEMENT. 17.Force Majeure. If the performance of this Agreement, or any obligation hereunder, is preventable 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, "Forced Majeure Event"), the Party so affected, upon giving prompt notice to the other Party, shall be excused from such performance to the extent if such prevention, provided that the affected Party shall first have taken reasonable steps to avoid and remove such cause or 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 cases are removed; provide, 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 City is a municipal corporation with certain regulatory authority, 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. If either Party sues to enforce this Agreement, each Party shall bear its own attorney's fees and court cost. 21. Counterparts and Execution. This 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. Renter hereby warrants and agrees that at all times materials to the Agreement, Renter shall perform its obligations in compliance with all applicable federal, state, and local laws, rules and regulations, including the American with Disabilities Act, 42 U.S.C. & 12101, Section 504 of the Rehabilitation Act 1973, and Section 501.171, Florida Statues. 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 be affected thereby and shall continue in full force and effect and be enforces to the fullest extent permitted by law. 24. Public Records. The City is a public agency subject to Chapter 119, Forida Statues. If applicable, The Volen Center shall comply with the requirements of Chapter 119, Florida Statues, with respect to any documents, papers, and records made or received by Renter in connection with this Agreement. If Renter has questions regarding the application of Chapter 119, Florida Statues, to Renter's duty to provide public records relating to this Agreement, contact the custodial of public records, City Clerk Office, 100 East Ocean, Boynton Beach, Florida 33435, (561) 742-6060, CityClerk@bbfl.us. 25. 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 he places last specified, and the places for giving 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: Daniel Dugger, City Manager City of Boynton Beach 100 East Ocean Ave, Boynton Beach, Florida 33435 Telephone No. (561) 742-6000 Copy To: Shawna Lamb, City Attorney City of Boynton Beach 100 East Ocean Ave, Boynton Beach, Florida 33435 Telephone No. (561) 742-6051 Renter: Sayidat Balogun Manager, Development Florida Phone Number: (305) 697-3931 26.Third-Party Beneficiaries. Neither Renter 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 to claim against either of them based upon the Agreement. 27. Entities of Foreign Concern. This section shall apply if Renter or any subcontractor will have access to an individual's personal identifying information under this Agreement. Accordingly, Renter represents and certifies(i) Renter is not owned by the government of a foreign country of concern; (ii)the government of a foreign county of concern does not have controlling interest in Renter; and (iii) Renter 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 Renter or its subcontractors will have access to personal identifying information under this Agreement. Renter and any subcontractor that will have access to personal identifying information shall submit to City executed affidavit(ss) 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 meaning ascribed to such terms in Section 287.138,Florida Statutes. 28. Anti-Human Trafficking. On or before the Effective Date of the Agreement, Renter shall provide City with an affidavit attesting that the Renter does not use coercion for labor or services, in accordance with Section 787.06(13),Florida Statues. 29. Verification of Employment Eligibility. Renter represents that Renter, and each subcontractor has registered with and uses the E-Verify system maintained by the United State Department of Homeland Security to verify the work authorization status of all newly hired employees in compliance with the requirements of Section 44.095, Florida Statues, and that entry into this Agreement will not violate that statue. If Renter violates this section, City may immediately terminate this Agreement for cause, and Renter shall be liable for all cost incurred by City due to the termination. 30. Discriminatory Vendor and Scrutinized Companies Lists, Countries of Concern. Renter represents that it has not been placed on the discriminatory vendor list"as provided in Section 287.134, Florida Statues, and that it is not a"scrutinized company" pursuant to Section 215.473 or 215.4725, Florida Statues. Renter represents and certifies that it is not, and for the duration of the term, will not be ineligible to contract with City on any of the grounds stated in Section 287.135, Florida Statues. 31. Prior Agreements. This Agreement represents the final and complete understanding of Parties regarding the subject matter of the Agreement and supersedes all prior and contemporaneous negotiations and discussion regarding same. All commitments, agreements, and understandings of the Parties concerning the subject matter of the Agreement are contained herein. IN WITNESS OF THE FOREGOING, the Parties have set their hands and seal the day and year first written above: CITY O BOYNTON BEACH,FLORIDA ALS ASSOCIATION [RENTER] 4/4a. At, Rebecca Shelton, Mayor (Signature) Allison Lardner Print Name of Authorized Official SVP, Field Development Title Approved as to Form: )%d,/,,j/74. oVii-i6 City Attorney's Office (Corporate Seal) Attest/Authenticated: Attested/Authenticated: (Signature), Witness k!" IA Maylee I- -sus, City Cler Print Name oy NTON , f-: SEAL .s , 1 U+ : INCORPORATED 1920 ; ,1� %. ... i 1N'" FLOR\�P" I 0 U 'LION v Er EXHIBIT A FACILITY USE DATES,TIMES AND AUTHORIZED SPACE Event Date(s): November 15, 2025 Event Times: • Setup: 6am • Event: 8am-2pm • Breakdown: 2pm Authorized Areas: 119 Main Amphitheater Stage xi Amphitheater Seating Area $ Park Grounds (specify area): Centennial XI Parking Areas ❑ Concession Areas (if applicable) Sound/Amplification: • Amplified sound permitted until: 2pm • Sound level restrictions: Must comply with City noise ordinances • Sound check permitted: N/A Utilities Provided: titi Electrical access ❑ Water access X Restroom facilities ❑ Other: Special Requirements: Road closures: E. Ocean Ave to N Seacrest Blvd, N Seacrest Blvd to NE 1St Ave, NE 1 S` Ave to NE 1st St, SE 1St Ave to S Seacrest Blvd. (s.„. UO EXHIBIT B r o N ''<'C EVENT DESCRIPTION Event Type: ALS Walk Expected Attendance: 200 Event Description: The ALS Association is renting the Centennial Park and Amphitheater for the 2025 Walk to Defeat ALS Boynton Beach on Saturday,November 15th from 8:00 A.M. to 2:00 P.M. The event will take place from 8:00 A.M. to 2:00 P.M., and will include a one mile walk around the Town Square property. An estimated 200 attendees will be present. The City is partnering with The ALS Association to provide staff assistance for the event, including access to City Hall restrooms and Fire Rescue assistance for the walk portion of the event. Additionally, event staff will be on site to assist during the event. City of Boynton Beach, Boynton Beach Police Department, and Boynton Beach Fire Rescue Department logos will be used in the marketing documents provided by The ALS Association as outlined in the attached agreement. Admission: X Free event ❑ Ticketed event ❑ Donation-based Vendors/Concessions: ❑ None ❑ Organization-operated AThird-party vendors Special Features: ❑ Alcohol service (requires additional permits and insurance) ❑ Fireworks or pyrotechnics (requires special permits) ❑ Temporary structures(requires permits) ❑ Other: EXHIBIT C INSURANCE REQUIREMENTS The City of Boynton Beach DIVISION OF RISK MANAGEMENT 100 E.Ocean Avenue Jy Boynton Beach,Florida 33435 (P):561-742-6271 1(F):561-742-6274 " www.bovnton-beach.orq •TON t, VENDOR INSURANCE REQUIREMENTS— PROCUREMENT 1. INSURANCE REQUIREMENTS: The successful bidder/contractor/firm or individual entering a resulting contract with the City shall provide, pay for and maintain in full force and affect at all times during the services to be performed the applicable insurance as set forth below. (Proof that insurance meets the City's requirements must be provided prior to providing services to the City of Boynton Beach.) Commercial General Liability Coverage must be afforded under a Commercial General Liability policy with limits not less than: • $1,000,000 each occurrence • $3,000,000 annual aggregate for Bodily Injury, Personal Injury, and Advertising Injury • $1,000,000 per occurrence for Property Damage • $1,000,000 each occurrence and $2,000,000 project aggregate for Products and Completed Operations Policy must include coverage for Contractual Liability, Independent Contractors. Business Automobile Liability Coverage must be afforded for all Owned, Hired, Scheduled,and Non-Owned vehicles for Bodily Injury and Property Damage in an amount not less than $1,000,000 combined single limit each accident. If the Contractor does not own vehicles,the Contractor shall maintain coverage for Hired and Non-Owned Auto Liability,which may be satisfied by way of endorsement to the Commercial General Liability policy or separate Business Auto Liability policy. Professional Liability/Malpractice Coverage must be afforded under a Professional/Allied Health/Malpractice Liability policy with limits not less than: • $2,000,000 each occurrence • $3,000,000 annual aggregate Workers' Compensation and Employer's Liability Coverage must be afforded per Chapter 440, Florida Statutes. Any contractor performing work on behalf of the City must provide Workers' Compensation insurance of at least the statutory requirements in addition to Employer's Liability in the amount not less than $1,000,000 per accident. Exceptions and exemptions will be allowed by the City's Risk Management Department, if they are in accordance with Florida Statute. The Contractor and its insurance carrier waive all subrogation rights against the City, a political subdivision of the State of Florida,its officials,employees,and volunteers for all losses or damages. The City requires the policy to be endorsed with WC00 03 13 Waiver of our Right to Recover from others or equivalent. Contractor must be in compliance with all applicable State and federal workers' compensation laws, including the U.S. Longshore and Harbor Workers' Compensation Act or Jones Act, if applicable. AMERICA'S GATEWAY TO TIIE GULFSTREAM For any Contractor who has exempt status as an individual, the City requires proof of Workers' Compensation insurance coverage for that Contractor's employees, leased employees,volunteers, and any workers performing work in execution of this Contract. If the Contractor has applied for a workers' compensation exemption, the City does not recognize this exemption to extend to the employees of the Contractor. The Contractor is required to provide proof of coverage for their employees, leased employees, volunteers and any workers performing work in execution of this Contract. This applies to all contractors including but not limited to the construction industry. Contractors Pollution Liability Coverage For sudden and gradual occurrences and in an amount not less than $1,000,000 per claim arising out of this Contract, including but not limited to, all hazardous materials identified under the Contract. Contractor must keep insurance in force until the third anniversary of expiration of this Contract or the third anniversary of acceptance of work by the CITY. Property Coverage (Builder's Risk) Coverage must be afforded in an amount not less than 100% of the total project cost, including soft costs, with a deductible of no more than $25,000 each claim. Coverage form shall include, but not be limited to: • All Risk Coverage including Flood and Windstorm with no coinsurance clause • Guaranteed policy extension provision • Waiver of Occupancy Clause Endorsement,which will enable the City to occupy the facility under construction/renovation during the activity • Storage and transport of materials, equipment, supplies of any kind whatsoever to be used on or incidental to the project • Equipment Breakdown for cold testing of all mechanized, pressurized,or electrical equipment For installation of property and/or equipment, Contractor must provide Builder's Risk Installation insurance to include coverage for materials or equipment stored at the project site,while in transit, or while stored at a temporary location. Coverage limit must be no less than replacement cost. This policy shall insure the interests of the owner, contractor, and subcontractors in the property against all risk of physical loss and damage, and name the City as a loss payee. This insurance shall remain in effect until the work is completed and the property has been accepted by the City. Insurance Certificate Requirements a. The Contractor shall provide the City with valid Certificates of Insurance(binders re unacceptable) no later than thirty (30) days prior to the start of work contemplated in this Contract. b. The Contractor shall provide a Certificate of Insurance to the City with a thirty (30) day notice of cancellation; ten (10) days' notice if cancellation is for nonpayment of premium. c. In the event that the insurer is unable to accommodate the cancellation notice requirement, it shall be the responsibility of the Contractor to provide the proper notice. Such notification will be in writing by registered mail, return receipt requested, and addressed to the certificate holder. d. In the event the Contract term goes beyond the expiration date of the insurance policy, the Contractor shall provide the City with an updated Certificate of Insurance no later than ten (10) days prior to the expiration of the insurance currently in effect. The City reserves the right to suspend the Contract until this requirement is met. e. The certificate shall indicate if coverage is provided under a claims-made or occurrence form. If any coverage is provided on a claims-made form, the certificate will show a retroactive date,which should be the same date of the initial contract or prior. f. The City shall be named as an Additional Insured on all liability policies, with the exception of Workers' Compensation. g. The City shall be granted a Waiver of Subrogation on the Contractor's Workers' Compensation insurance policy. h. The Contract, Bid/Contract number, event dates, or other identifying reference must be listed on the certificate. AMERICA'S GATEWAY TO TIIE GULFSTREAM The Certificate Holder should read as follows: City of Boynton Beach Attn: Risk Management 100 E. Ocean Ave Boynton Beach, FL 33435 The Contractor has the sole responsibility for all insurance premiums and shall be fully and solely. responsible for any costs or expenses as a result of a coverage deductible, co-insurance penalty, or self- insured retention; including any loss not covered because of the operation of such deductible, co- insurance penalty, self-insured retention, or coverage exclusion or limitation. Any costs for adding the Cite as an Additional Insured shall he at the Contractor's expense. If the Contractor's primary insurance policy/policies do not meet the minimum requirements, as set forth in this Contract,the Contractor may provide an Umbrella/Excess insurance policy to comply with this requirement. The Contractor's insurance coverage shall be primary insurance as respects to the City, a political subdivision of the State of Florida, its officials, employees, anti volunteers. Any insurance or self- insurance maintained by the City, its officials,employees,or volunteers shall be excess of Contractor's insurance and shall be non-contributory. Any exclusions or provisions in the insurance maintained by the Contractor that excludes coverage for work contemplated in this Contract shall be deemed unacceptable and shall be considered breach of contract. All required insurance policies must he maintained until the contract work has been accepted by the City, and/or this Contract is terminated. Any lapse in coverage shall be considered breach of contract. In addition, Contractor must provide confirmation of coverage renewal via an updated certificate should any policies expire prior to the expiration of this Contract.The City reserves the right to review, at any time, coverage forms and limits of Contractor's insurance policies. All notices of any claim/accident (occurrences) associated with this Contract, shall be provided to the Contractor's insurance company and the City's Risk Management office as soon as practical. It is the Contractor's responsibility to ensure that all independent and subcontractors comply with these insurance requirements. All coverages for independent and subcontractors shall be subject to all of the requirements stated herein. Any and all deficiencies are the responsibility of the Contractor. NOTE: These are minimal insurance requirements. Additional insurance, (e.g., Cyber Liability) may be required based upon the type of event,services, or equipment purchased and/or provided. Revised 06/17/2025 AMERICA'S GATEWAY TO THE GULFSTREAM A / Q® DATE(MMDD/YYYY) CERTIFICATE OF LIABILITY INSURANCE 10/28/2025 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 rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Wharton/Lyon&Lyon Sophia Nikolaidis PHONE FAX PO Box 1660 (plc,No,Et:973-863-2805 (A/C,No): Livingston NJ 07039 E-MAIL DRESS: snikolaidis©whartoninsurance.com INSURER(S)AFFORDING COVERAGE NAIC U License#:BR-787709 INSURER A:Beazley Insurance Company,Inc. 37540 INSURED INSURER B.Philadelphia Insurance Company 23850 Amyotrophic Lateral Sclerosis Association 1300 Wilson Blvd., Ste 600 INSURER C: Arlington VA 22209 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:73422126 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 IUCY EFF POLICY EXP LTR TYPE OF INSURANCE INSD Sy vo POLICY NUMBER IMM DD/YYYY) IMMDD/YYYYI LIMITS B X COMMERCIAL GENERAL LIABIUTY PHPK2595465-003 9/1/2025 9/1/2026 EACH OCCURRENCE 81,000,000 DAMAGE TO RENTED i CLAIMS-MADE X OCCUR PREMISES(Ea occurrence) S 1,000,000- MED EXP(Any one person) S 10,000 PERSONAL&ADV INJURY S 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE S 2,000,000 POUCY Li JJEECT X LOC PRODUCTS-COMP/OP AGG S 2,000,000 OTHER: S B AUTOMOBKELIABIUTY PHPK2595465-003 9/1/2025 9/1/2026 COMBINED SINGLE LIMIT $1,000,000 (Ea accident) ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) S 1,000,000 AUTOS ONLY AUTOS X AUTOSIREDONLY x AUTOS NON-OWN PROPERTY DAMAGE S (Per accident) S B X UMBRELLA UAB X OCCUR PHUB879092-003 9/1/2025 9/1/2026 EACH OCCURRENCE $5,000,000 EXCESS UAB CLAIMS-MADE AGGREGATE S 5,000,000 DED I X I RETENTIONS 1n non $ WORKERS COMPENSATION PR PEATUTE ETH AND EMPLOYERS'UABIUTY ANYPROPRIETOR/PARTNER/EXECUTIVE Y EL EACH ACCIDENT S OFFICER/MEMBEREXCLUDED? NIA (Mandatory In NH) E L.DISEASE-EA EMPLOYEE S If yes describe under DESCRIPTION OF OPERATIONS below E L DISEASE-POLICY LIMIT S A Cyber Liability V20484250901 9/1/2025 9/1/2026 Limit 5,000,000 Agreggate 5,000,000 Each Incident Ded 25,000 DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached H more space Is required) Coverage is subject to policy terms,conditions.and exclusions. (A)Professional Liability Policy#PHPK2595465-003 Philadelphia Insurance Company Policy Period 9/1/2025 to 9/1/2026 Limit$1,000000 Occurrence/52,000,000 Aggregate 2025 Walk to Defeat ALS City of Boynton Beach on 11/15/2025 at the Centennial Park&Amphitheater.City of Boynton Beach are included as Additional Insured when required by written contract as per Form#PIGL 005 7/12 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Boynton Beach 100 E Ocean Avenue AUTHORIZED REPRESENTATIVE Boynton Beach FL 33425 �� a�- "16 iL) ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD