R25-296 RESOLUTION NO. R25-296
1 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON
2 BEACH, FLORIDA, APPROVING AMENDMENT NO. 1 TO MANAGEMENT
3 AGREEMENT WITH BOYNTON CULTURAL CENTRE, INC.; PROVIDING AN
4 EFFECTIVE DATE; AND FOR ALL OTHER PURPOSES.
5
6 WHEREAS, on October 1, 2014, the City and Boynton Cultural Centre, Inc. ("Cultural
7 Centre"), entered into a Management Agreement (the "Agreement") to formally define the
8 operation and maintenance of the Schoolhouse Children's Museum, approved by Resolution No.
9 R14-106 on October 21, 2014; and
10 WHEREAS, the City and Cultural Centre desire to amend the Agreement to outline how
11 the City Commission will gain access to the SCM Quarterly Report; and
12 WHEREAS, the City Commission of the City of Boynton Beach, Florida, deems it to be in
13 the best interests of the citizens and residents of the City of Boynton Beach to approve
14 Amendment No. 1 to the Management Agreement with Boynton Cultural Centre, Inc.
15 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON
16 BEACH, FLORIDA, THAT:
17 SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
18 being true and correct and are hereby made a specific part of this Resolution upon adoption
19 hereof.
20 SECTION 2. The City Commission hereby approves Amendment No. 1 to the
21 Management Agreement with Boynton Cultural Centre, Inc. (the "Amendment"), in form and
22 substance similar to that attached as "Exhibit A".
23 SECTION 3. The City Commission of the City of Boynton Beach, Florida, hereby
24 authorizes the Mayor to execute the Amendment. The Mayor is further authorized to execute
25 any ancillary documents required under the Amendment or necessary to accomplish the
26 purposes of this Resolution.
27 SECTION 4. The fully executed Amendment shall be retained by the City Clerk as a
28 public record of the City, and a copy shall be provided to Miriam Naranjo to forward to the
29 Cultural Centre.
30 SECTION 5. This Resolution shall take effect as provided by law.
31 [SIGNATURES ON FOLLOWING PAGE)
RESOLUTION NO. R25-296
32 PASSED AND ADOPTED this la day of N Mr1er 2025.
33 CITY OF BOYNTON BEACH, FLORIDA
34 YES NO
35
36 Mayor — Rebecca Shelton
37
38 Vice Mayor — Woodrow L. Hay
39
40 Commissioner — Angela Cruz PWA
41
42 Commissioner — Thomas Turkin
43
44 Commissioner — Aimee Kelley
45 O
46 VOTE
47 ATTEST:
48
4950 ! A/
51 Mayle: De -sus, MPA, MC Rebecca Shelton
52 City Clerks_ Mayor
53
54 _- OF BOy l% APPROVED AS TO FORM:
55 ' p ' +
56 (Corporate Seal) ; s�
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I • 7 1:)0,0 : .>%ad/o• c.
58 + • <0 rFo•: ; Shawna G. Lamb
59 ++'�� OR�••••••'••• City Attorney
\% DA
AMENDMENT NO. 1 TO MANAGEMENT AGREEMENT BETWEEN
t-_ THE CITY OF BOYNTON BEACH AND BOYNTON CULTURAL
CENTRE,INC.
This First Amendment ("Amendment") is entered into by and between the City of
Boynton Beach, a Florida municipal corporation ("City"), and Boynton Cultural Centre, Inc., a
Florida non-profit corporation("Cultural Centre")(collectively referred to as the"Parties").
RECITALS
A. On October 1, 2014, the Parties entered into "Management Agreement" (the
"Agreement") to formally define the operation and maintenance of the Schoolhouse Children's
Museum.
B. The Parties desire to amend the Agreement to•outline how the City Commission
will gain access to the SCM Quarterly Report.
Now,therefore,in consideration of the mutual terms and conditions,promises,covenants,
and payments hereinafter set forth,City and Cultural Centre agree as follows:
1. The above Recitals are true and correct and are incorporated herein by reference. All
capitalized terms not expressly defined within this Amendment shall retain the meaning ascribed
to such terms in the Agreement.
2. Except as modified herein, all remaining terms and conditions of the Agreement shall
remain in full force and effect.
3. The Agreement is hereby amended as follows:
Amendment to Section 2.0. Obligations of the Cultural Centre: Section 2.3. of the
Agreement is hereby deleted and replaced with the following language:
"23.The Cultural Centre shall report quarterly to the City Commission on all of its activities,
achievements, revenues, and expenditures. A quarterly written report shall be emailed to the
City Manager or designee. The quarterly report will be forwarded to all City Commissioners
for review via email."
4. In the event of any conflict or ambiguity between this Amendment and the Agreement,
the Parties agree that this Amendment shall control. The Agreement, as amended herein by this
Amendment, incorporates and includes all prior negotiations, correspondence, conversations,
agreements, and understandings applicable to the matters contained herein, and the Parties agree
that there are no commitments, agreements, or understandings concerning the subject matter
hereof that are not contained in the Agreement as amended in this Amendment. Accordingly,the
First Amendment to Manavement Avreement—Boynton Reach Cultural (':entre Inc Pave 1 of R
Parties agree that no deviation from the terms hereof shall be predicated upon any prior
representations or agreements,whether oral or written.
5. Cultural Centre acknowledges that through the date this Amendment is executed by
Cultural Centre, Cultural Centra.has no claims or disputes against City with respect to any of the
matters covered by the Agreement.
6. The following new sections are added to the Agreement as follows:
Section 16.0 Background Screening:
16.1 To the extent the Cultural Centre maintains eligibility under Florida Department
of Law Enforcement rules.to conduct Level II background screenings, the Cultural
Centre shall ensure that all employees, contractors, and volunteers who have direct
contact with children at the Museum or in connection with any programs or activities
conducted by the Cultural Centre undergo Level II background screening as required
by Chapter 435, Florida Statutes, prior to commencing any duties involving contact
with children. The Cultural Centre shall maintain documentation of all required
background screenings and shall make such documentation available to the City upon
request.
7. The effective date of this Amendment shall be the date of complete execution by the
Parties.
8. This Amendment may be executed in multiple originals, and may be executed in
counterparts,whether signed physically or electronically,each of which shallbe deemed to be an
original,but all of which,taken together, shall constitute one and the same agreement.
(The remainder of this page is blank)
First Amendment to Management Agreement—Boynton Beach Cultural Centre,Inc. Page 2 of 8
IN WITNESS OF THE FOREGOING,the parties have set their hands and sealed the
day and year first written above.
CITY OF BOYNTON BEACH,FLORIDA BOYNTON BEACH CULTURAL CENTRE,
INC.
Rebecca Shelton,Mayor- (Signature)
C J sR S\\3"1 it\
Print Name of Authorized Official
Tr3CacC O-� D1.`pC±c S obs. 1!
Approved as to Form:
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Shawna G. Lamb,City Attorney (Corporate Seal)
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First Amendment to Management Agreement—Boynton Beach Cultural Centre, Inc. Page 3 of 8