R26-114 RESOLUTION NO. R26-114
1 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON
2 BEACH, FLORIDA, APPROVING AN AGREEMENT BETWEEN THE CITY
3 OF BOYNTON BEACH AND PALM BEACH COUNTY FOR SWIMMING
4 LESSON SERVICES THROUGH THE DROWNING PREVENTION
5 COALITION LEARN TO SWIM PROGRAM, FOR A THREE (3) YEAR TERM
6 COMMENCING OCTOBER 1, 2026, AND ENDING SEPTEMBER 30, 2029;
7 PROVIDING AN EFFECTIVE DATE; AND FOR ALL OTHER PURPOSES.
8
9 WHEREAS, Palm Beach County's Fire Rescue Department manages and houses the
to Drowning Prevention Coalition ("DPC"), which administers the DPC Learn to Swim Program, a
11 public health initiative that distributes vouchers redeemable for swimming lessons at designated
12 aquatic facilities within Palm Beach County; and
13 WHEREAS, the City of Boynton Beach operates aquatic facilities staffed by certified
14 swimming instructors and desires to participate in the DPC Learn to Swim Program by offering
15 swimming lesson classes to voucher holders, thereby advancing water safety and drowning
16 prevention for the residents of Palm Beach County; and
17 WHEREAS, Palm Beach County shall reimburse the City its usual and customary fee per
18 swim class series, up to a maximum of $60.00 per series, in exchange for swim classes provided
19 to DPC Learn to Swim Program voucher holders, subject to annual appropriations by the Palm
20 Beach County Board of County Commissioners; and
21 WHEREAS, the City's Parks and Recreation Department has determined that participation
22 in the DPC Learn to Swim Program serves the public health and safety interests of the community
23 by expanding access to swimming instruction and reducing the risk of drowning among Palm
24 Beach County residents; and
25 WHEREAS, the City Commission, upon the recommendation of staff, has deemed it in the
26 best interests of the City's citizens and residents to approve the Agreement with Palm Beach
27 County for the provision of swimming lesson services through the DPC Learn to Swim Program.
28 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON
29 BEACH, FLORIDA, THAT:
30 SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
31 being true and correct and are hereby made a specific part of this Resolution upon adoption.
RESOLUTION NO. R26-114
32 SECTION 2. The City Commission of the City of Boynton Beach, Florida, does hereby
33 approve the Municipal Agreement for Swimming Lessons between the City of Boynton Beach and
34 Palm Beach County, by and through its Board of County Commissioners, for the provision of
35 swimming lesson classes to DPC Learn to Swim Program voucher holders at City aquatic facilities,
36 commencing October 1, 2026, and ending September 30, 2029, in form and substance similar to
37 that attached as 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, including any term extensions as provided in the Agreement, provided such
42 documents do not modify the financial terms or material terms.
43 SECTION 4. The Mayor-executed Agreement shall be forwarded to Marvelous
44 Washington to obtain execution of the Agreement by Palm Beach County Fire Rescue. Marvelous
45 Washington shall be responsible for ensuring that one fully executed Agreement is returned to
46 the City, to be provided to the Office of the City Attorney for forwarding to the City Clerk for
47 retention as a public record.
48 SECTION 5. This Resolution shall take effect in accordance with the law.
49 [SIGNATURES ON THE FOLLOWING PAGE]
50
RESOLUTION NO. R26-114
51 PASSED AND ADOPTED this I day of ,—\Y 2026.
52 CITY OF BOYNTON BEACH, FLORIDA
53 YES N
54 Mayor- Rebecca Shelton `-~
55
56 Vice Mayor-Thomas Thurkin
57
58 Commissioner-Angela Cruz ✓
59
60 Commissioner- Mack McCray ✓
61
62 Commissioner-Aimee Kelley
63
64 VOTE ' -0
65 ATTEST:
66
67 Al
68 Tammy Stanz.•ne Rebecca Shelton
69 Interim City Clerk Mayor
70
71 APPROVED AS TO FOR :
72 (Corporate Seal /
73 SOY N T,9>vt 4a4(///a
74O�•GpR****** oto�ri� Shawna G. Lamb
75 i ; SEAL •_
U-1 ,�, City Attorney
INCORPORATED: 5
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MUNICIPAL AGREEMENT
FOR SWIMMING LESSONS
THIS AGREEMENT FOR SWIMMING LESSONS (the "Agreement") is made and entered
into on , by and between Palm Beach County, a Political Subdivision of the State
of Florida, by and through its Board of Commissioners, hereinafter referred to as the COUNTY, and the
City of Boynton Beach, a Florida municipal corporation located in Palm Beach County, Florida
(hereinafter referred to as "MUNICIPALITY").
WHEREAS, COUNTY's Fire Rescue Department manages and houses the Drowning
Prevention Coalition("DPC"); and
WHEREAS, COUNTY, by and through its DPC Learn to Swim Program, distributes vouchers
to the public which may be redeemed for swimming lessons at designated aquatic facilities within Palm
Beach County; and
WHEREAS, the parties desire to enter into this Agreement for MUNICIPALITY to provide
swimming lessons as part of the DPC Learn to Swim Program, and to define the parties' responsibilities
relating thereto.
NOW THEREFORE, in consideration of the mutual covenants and promises contained herein,
the COUNTY and the MUNICIPALITY agree as follows:
ARTICLE 1 - SERVICES
MUNICIPALITY shall offer and provide swimming lesson classes to students named on DPC Learn to
Swim Program vouchers presented to MUNICIPALITY. Each swim class shall consist of a series of
water safety swimming lessons that total at least three hours. Voucher holders shall not be charged for
any swim class for which MUNICIPALITY'S usual and customary fee is $60.00 or less. If
MUNICIPALITY'S usual and customary fee for a swim class is more than$60.00, then voucher holders
shall not be charged more than MUNICIPALITY's usual and customary fee for said class minus$60.00.
Said classes may be open to the public and are not restricted to voucher holders. Swim classes shall be
provided consistent with any parameters noted on vouchers, for example age, dates or swimming lesson
level, or otherwise set out by the DPC Learn to Swim Program.
The swim classes must be provided at an aquatic facility that meets the criteria as described herein.
MUNICIPALITY agrees to provide swim instructions at an aquatic facility that is safe, clean and
hygienic, and maintained in accordance with all safety and health standards and all other applicable laws
and regulations. MUNICIPALITY agrees to provide and maintain in proper working order all equipment
necessary to provide and maintain the services as provided herein. MUNICIPALITY represents and
warrants that the aquatic facility is in compliance, and shall continue to be in compliance, with Sections
514.031 and 514.0315, Florida Statutes, all applicable rules and requirements of the State and County
Health Departments, and all other applicable laws, rules and regulations. Prior to execution of this
Agreement, and by the annual anniversary date of this Agreement for each year covered under this
Agreement, MUNICIPALITY must complete the following requirements: (1) provide to COUNTY the
name and address of the facility MUNICIPALITY will use for swimming instructions; (2) provide to
COUNTY copies of the facility's current operating permit and most current inspection report, which
must evidence a satisfactory inspection; (3) submit to a facility inspection from the DPC Manager or
designee; (4) receive approval from the DPC Manager to use the facility. MUNICIPALITY must
Rev.5/26
complete the aforementioned requirements prior to changing aquatic facilities at any time during the term
of this Agreement.
MUNICIPALITY, including but not limited to all swimming instructors, shall perform the services set
forth herein in accordance with all applicable laws, rules and regulations, and in a competent,
professional, safe and responsible manner with full regard for the safety of the participants.
MUNICIPALITY agrees and warrants that all swimming instructors utilized by MUNICIPALITY to
provide lessons hereunder shall be certified as required by Section 514.071, Florida Statutes, and shall
operate in compliance with the highest professional standards and all applicable laws, rules and
regulations, including a current CPR certification. MUNICIPALITY shall provide proof of such
certifications to COUNTY'S representative upon request. MUNICIPALITY represents and warrants
that it has in place, and shall continue to maintain, a drug-free workplace policy.
ARTICLE 2—COMMENCEMENT AND TERM
This Agreement shall commence October 1,2026, and shall remain in effect until September 30, 2029.
ARTICLE 3- PAYMENTS TO MUNICIPALITY
A. For swim classes provided by MUNICIPALITY in exchange for DPC Learn to Swim Program
vouchers, COUNTY shall pay MUNICIPALITY its usual and customary fee per swim class up
to a maximum of$60.00 per swim class series. As provided in Resolution No. R-2022-0450,the
total payments to all swimming lesson providers utilized in the DPC Learn to Swim Program for
each fiscal year shall not exceed the amount budgeted by COUNTY for this purpose for said
fiscal year.
B. MUNICIPALITY shall invoice COUNTY monthly based on the number of DPC Learn to Swim
Program vouchers redeemed. Invoices must include the following information for each voucher
redeemed: Voucher number; student's name and contact name,address and phone number; type,
level, and age range of swim class, and days and times of lessons; beginning and end dates of
lessons; number of classes attended; level achieved; dollar amount invoiced to County; dollar
amount charged to student; MUNICIPALITY's usual and customary fee for the class; and any
other documentation deemed necessary by COUNTY.
C. In order to do business with Palm Beach County, vendors are required to create a Vendor
Registration Account OR activate an existing Vendor Registration Account through the
Purchasing Department's Vendor Self Service (VSS) system, which can be accessed at
https://pbcvssp.co.palm-beach.fl.us/webapp/vssp/AltSelfService. If MUNICIPALITY intends to
use a subcontractor, MUNICIPALITY must also ensure that all subcontractors are registered as
contractors in VSS. All subcontractor agreements must include a contractual provision requiring
that the subcontractor register in VSS. COUNTY will not finalize a contract award until the
COUNTY has verified that MUNICIPALITY and all of its subcontractors are registered in VSS.
ARTICLE 4-TERMINATION
The COUNTY may terminate this Agreement upon thirty (30) days' prior written notice to the
MUNICIPALITY with or without cause and without penalty, damages or recourse against COUNTY.
MUNICIPALITY may terminate this Agreement upon thirty days (30) days' prior written notice to the
COUNTY.
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ARTICLE 5- PERSONNEL
The MUNICIPALITY represents that it has, or will secure at its own expense, all necessary personnel
required to perform the services under this Agreement. Such personnel shall not be employees of or have
any contractual relationship with the COUNTY.
All of the instructional services required hereunder shall be performed by the MUNICIPALITY or under
by MUNICIPALITY personnel under its supervision, and all personnel engaged in performing the
services shall be fully qualified and, if required, authorized and permitted under state and local law to
perform such services.
The MUNICIPALITY warrants that all services shall be performed by skilled and competent personnel
to the highest professional standards in the field.
ARTICLE 6- SUBCONTRACTING
The COUNTY reserves the right to accept the use of a subcontractor or to reject the selection of a
particular subcontractor and to inspect all facilities of any subcontractors in order to make a determination
as to the capability of the subcontractor to perform properly under this Agreement.The MUNICIPALITY
is encouraged to seek additional small business enterprises for participation in subcontracting
opportunities. If a subcontractor fails to perform or make progress, as required by this Agreement, and it
is necessary to replace the subcontractor to complete the work in a timely fashion, MUNICIPALITY
shall promptly do so, subject to acceptance of the new subcontractor by the COUNTY.
ARTICLE 7-AVAILABILITY OF FUNDS
The COUNTY'S performance under this Agreement for subsequent fiscal years is contingent upon annual
appropriations for its purpose by the Board of County Commissioners and subject to the provisions of
Palm Beach County Resolution No. R-2025-1207, as amended from time to time. The
MUNICIPALITY'S performance under this Agreement for subsequent fiscal years is contingent upon
annual appropriations for its purpose by its governing body.
ARTICLE 8- INSURANCE
Without waiving the right to sovereign immunity as provided by Section 768.28, Florida Statutes,
MUNICIPALITY acknowledges to be self-insured for General Liability, Automobile Liability and
Professional Liability under Florida sovereign immunity statutes with coverage limits of$200,000 Per
Person and $300,000 Per Occurrence; or such monetary waiver limits that may change and be set forth
by the legislature.
MUNICIPALITY agrees to maintain or to be self-insured for Workers' Compensation & Employer's
Liability insurance in accordance with Chapter 440, Florida Statutes.
When requested, MUNICIPALITY shall agree to provide an affidavit or Certificate of Insurance
evidencing insurance, self-insurance and/or sovereign immunity status, which COUNTY agrees to
recognize as acceptable for the above mentioned coverages.
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Compliance with the foregoing requirements shall not relieve MUNICIPALITY of its liability and
obligations under this Agreement.
ARTICLE 9- INDEMNIFICATION
Each party shall be liable for its own actions and negligence and, to the extent permitted by law,
COUNTY shall indemnify, defend and hold harmless MUNICIPALITY against any actions, claims or
damages arising out of COUNTY'S negligence in connection with this Agreement, and
MUNICIPALITY shall indemnify, defend and hold harmless COUNTY against any actions, claims, or
damages arising out of MUNICIPALITY'S negligence in connection with this Agreement, including the
acts or omissions of swimming instructors. The foregoing indemnification shall not constitute a waiver
of sovereign immunity beyond the limits set forth in Section 768.28, Florida Statutes, nor shall the same
be construed to constitute agreement by either party to indemnify the other party for such other party's
negligent, willful or intentional acts or omissions.
ARTICLE 10-SUCCESSORS AND ASSIGNS
The COUNTY and the MUNICIPALITY each binds itself and its partners, successors, executors,
administrators and assigns to the other party and to the partners, successors, executors, administrators
and assigns of such other party, in respect to all covenants of this Agreement. Neither party shall assign,
sublet, convey, delegate or otherwise transfer its rights and obligations as set forth in this Agreement to
any other entity without the prior written consent of the other party.
ARTICLE 11 -REMEDIES
This Agreement shall be governed by the laws of the State of Florida. Any legal action necessary to
enforce the Agreement will be held in a court of competent jurisdiction located in Palm Beach County,
Florida. No remedy herein conferred upon any party is intended to be exclusive of any other remedy,
and each and every such remedy shall be cumulative and shall be in addition to every other remedy given
hereunder or now or hereafter existing at law or in equity, by statute or otherwise. No single or partial
exercise by any party of any right, power, or remedy hereunder shall preclude any other or further
exercise thereof.
No provision of this Agreement is intended to,or shall be construed to,create any third-party beneficiary
or to provide any rights to any person or entity not a party to this Agreement, including but not limited
to any citizen or employees of the COUNTY and/or MUNICIPALITY.
ARTICLE 12 -CONFLICT OF INTEREST
Each Party represents that it presently has no interest and shall acquire no interest,either direct or indirect,
which would conflict in any manner with the performance of services required hereunder, as provided
for in Chapter 112, Part III, Florida Statutes and the Palm Beach County Code of Ethics. Each Party
further represents that no person having any such conflict of interest shall be employed for said
performance of services.
The MUNICIPALITY shall promptly notify the COUNTY's representative, in writing,by certified mail,
of all potential conflicts of interest of any prospective business association,interest or other circumstance
which may influence or appear to influence the MUNICIPALITY'S judgment or quality of services being
provided hereunder. Such written notification shall identify the prospective business association,interest
Page 4 of 11
or circumstance, the nature of work that the MUNICIPALITY may undertake and request an opinion of
the COUNTY as to whether the association, interest or circumstance would, in the opinion of the
COUNTY,constitute a conflict of interest if entered into by the MUNICIPALITY. The COUNTY agrees
to notify the MUNICIPALITY of its opinion by certified mail within thirty (30) days of receipt of
notification by the MUNICIPALITY. If, in the opinion of the COUNTY, the prospective business
association, interest or circumstance would not constitute a conflict of interest by the MUNICIPALITY,
the COUNTY shall so state in the notification and the MUNICIPALITY shall, at its option, enter into
said association, interest or circumstance and it shall be deemed not in conflict of interest with respect to
services provided to the COUNTY by the MUNICIPALITY under the terms of this Agreement.
ARTICLE 13-EXCUSABLE DELAYS
Neither Party shall be considered in default by reason of any failure in performance if such failure arises
out of causes reasonably beyond the control of that Party or its subcontractors and without their fault or
negligence. Such causes include, but are not limited to, acts of God, force majeure, natural or public
health emergencies, labor disputes, freight embargoes, and abnormally severe and unusual weather
conditions.
Upon affected Party's request,the other Party shall consider the facts and extent of any failure to perform
the work and, if the failure to perform was without the affected Party's or its subcontractors' fault or
negligence, the Agreement schedule and/or any other affected provision of this Agreement shall be
revised accordingly, subject to each Party's rights to change, terminate, or stop any or all of the work at
any time.
ARTICLE 14-ARREARS
The MUNICIPALITY shall not pledge the COUNTY'S credit or make it a guarantor of payment or surety
for any contract, debt, obligation,judgment, lien, or any form of indebtedness. The MUNICIPALITY
further warrants and represents that it has no obligation or indebtedness that would impair its ability to
fulfill the terms of this Agreement.
ARTICLE 15—PUBLIC RECORDS
The MUNICIPALITY shall comply with Florida's Public Records Law with regard to any documents or
other records relating to this Agreement.
ARTICLE 16- INDEPENDENT CONTRACTOR RELATIONSHIP
The MUNICIPALITY is, and shall be, in the performance of all work services and activities under this
Agreement, an Independent Contractor, and not an employee, agent, or servant of the COUNTY. All
persons engaged in any of the work or services performed pursuant to this Agreement shall at all times,
and in all places, be subject to the MUNICIPALITY'S sole direction, supervision, and control. The
MUNICIPALITY shall exercise control over the means and manner in which it and its employees
perform the work, and in all respects the MUNICIPALITY'S relationship and the relationship of its
employees to the COUNTY shall be that of an Independent Contractor and not as employees or agents
of the COUNTY.
The MUNICIPALITY does not have the power or authority to bind the COUNTY in any promise,
agreement or representation.
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ARTICLE 17-CONTINGENT FEES
The MUNICIPALITY warrants that it has not employed or retained any company or person, other than
a bona fide employee working solely for the MUNICIPALITY to solicit or secure this Agreement and
that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a
bona fide employee working solely for the MUNICIPALITY, any fee, commission, percentage, gift, or
any other consideration contingent upon or resulting from the award or making of this Agreement.
ARTICLE 18-ACCESS AND AUDITS
The MUNICIPALITY shall maintain adequate records to justify all charges,expenses,and costs incurred
in estimating and performing the work for at least five (5) years after completion or termination of this
Agreement. The COUNTY shall have access to such books, records, and documents as required in this
section for the purpose of inspection or audit during normal business hours, at the MUNICIPALITY'S
place of business.
Palm Beach County has established the Office of the Inspector General in Palm Beach County Code,
Section 2-421 —2-440,as may be amended. The Inspector General's authority includes but is not limited
to the power to review past, present and proposed County contracts, transactions, accounts and records,
to require the production of records, and to audit, investigate, monitor, and inspect the activities of the
MUNICIPALITY, its officers, agents, employees, and lobbyists in order to ensure compliance with
contract requirements and detect corruption and fraud.
Failure to cooperate with the Inspector General or interfering with or impeding any investigation shall
be in violation of Palm Beach County Code, Section 2-421 — 2-440, and punished pursuant to Section
125.69, Florida Statutes, in the same manner as a second degree misdemeanor.
ARTICLE 19-NONDISCRIMINATION
The COUNTY is committed to assuring equal opportunity in the award of contracts and complies with
all laws prohibiting discrimination. Pursuant to Palm Beach County Resolution R2025-0748, as may be
amended, the MUNICIPALITY warrants and represents that throughout the term of the Agreement,
including any renewals thereof, if applicable, all of its employees are treated equally during employment
without regard to race, color, religion, disability, sex, age, national origin, ancestry, marital status,
familial status, sexual orientation, or genetic information. Failure to meet this requirement shall be
considered default of the Agreement.
As a condition of entering into this Agreement,the MUNICIPALITY represents and warrants that it will
comply with the COUNTY's Commercial Nondiscrimination Policy as described in Resolution R2025-
0478, as amended. As part of such compliance, the MUNICIPALITY shall not discriminate on the basis
of race, color, national origin, religion, ancestry, sex, age, marital status, familial status, sexual
orientation,disability,or genetic information in the solicitation,selection,hiring or commercial treatment
of subcontractors,vendors, suppliers,or commercial customers,nor shall the MUNICIPALITY retaliate
against any person for reporting instances of such discrimination. The MUNICIPALITY shall provide
equal opportunity for subcontractors, vendors and suppliers to participate in all of its public sector and
private sector subcontracting and supply opportunities, provided that nothing contained in this clause
shall prohibit or limit otherwise lawful efforts to remedy the effects of marketplace discrimination that
have occurred or are occurring in the COUNTY's relevant marketplace in Palm Beach County. The
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MUNICIPALITY understands and agrees that a material violation of this clause shall be considered a
material breach of this Agreement and may result in termination of this Agreement, disqualification or
debarment of the company from participating in COUNTY contracts, or other sanctions. This clause is
not enforceable by or for the benefit of, and creates no obligation to, any third party. MUNICIPALITY
shall include this language in its subcontracts.
ARTICLE 20-AUTHORITY TO PRACTICE
The MUNICIPALITY hereby represents and warrants that it has and will continue to maintain all licenses
and approvals required to conduct its business, and that it will at all times conduct its business activities
in a reputable manner. Proof of such licenses and approvals shall be submitted to the COUNTY's
representative upon request.
ARTICLE 21 - SEVERABILITY
If any term or provision of this Agreement, or the application thereof to any person or circumstances
shall,to any extent,be held invalid or unenforceable,the remainder of this Agreement,or the application
of such terms or provision, to persons or circumstances other than those as to which it is held invalid or
unenforceable, shall not be affected, and every other term and provision of this Agreement shall be
deemed valid and enforceable to the extent permitted by law.
ARTICLE 22-PUBLIC ENTITY CRIMES
As provided in Section 287.132-133,Florida Statutes,by entering into this Agreement or performing any
work in furtherance hereof, the MUNICIPALITY certifies that it, its affiliates, suppliers, subcontractors
and contractors who will perform hereunder, have not been placed on the convicted vendor list
maintained by the State of Florida Department of Management Services within the 36 months
immediately preceding the date hereof. This notice is required by Section 287.133(3)(a),Florida Statutes.
ARTICLE 23- SURVIVABILITY
Any covenant, agreement, representation, warranty or other provision of this Agreement that is of a
continuing nature or which by its language or its nature imposes an obligation that extends beyond the
term of this Agreement, including but not limited to representations relating to indemnification and the
disclosure or ownership of documents,shall survive the expiration or early termination of this Agreement
and the consummation of the transactions contemplated hereunder.
ARTICLE 24-NOTICE
All notices required in this Agreement shall be sent by certified mail, return receipt requested, hand
delivery or other delivery service requiring signed acceptance. If sent to the COUNTY, notices shall be
addressed to:
Palm Beach County Fire-Rescue
405 Pike Road
West Palm Beach, FL 33411-3815
Attn: Fire Rescue Administrator
If sent to the MUNICIPALITY, notices shall be addressed to:
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Daniel Dugger, City Manager
City of Boynton Beach
100 E. Ocean Avenue
Boynton Beach, FL 33435
Copy: Shawna G. Lamb, City Attorney
City of Boynton Beach
P.O. Box 310
Boynton Beach, Florida 33425
Telephone: (561) 742-6010/ Facsimile: (561) 742-6090
ARTICLE 25 - ENTIRETY OF CONTRACTUAL AGREEMENT
The COUNTY and the MUNICIPALITY agree that this Agreement sets forth the entire agreement
between the parties,and that there are no promises or understandings other than those stated herein. None
of the provisions, terms and conditions contained in this Agreement may be added to, modified,
superseded or otherwise altered unless agreed to in writing by both parties. This Agreement shall inure
to the benefit of and shall be binding upon the parties,their respective assigns and successors in interest.
ARTICLE 26- FEDERAL AND STATE TAX
The COUNTY is exempt from payment of Florida State Sales and Use Taxes. The COUNTY will sign
an exemption certificate submitted by the MUNICIPALITY. MUNICIPALITY is not authorized to use
the COUNTY'S Tax Exemption Number in securing such materials.
MUNICIPALITY shall be responsible for payment of its own and its share of its employees' payroll,
payroll taxes, and benefits with respect to this Agreement.
ARTICLE 27- REGULATIONS; LICENSING REOUIREMENTS
The MUNICIPALITY shall comply with all laws, ordinances and regulations applicable to the services
contemplated herein, to include those applicable to conflict of interest and collusion. MUNICIPALITY
is presumed to be familiar with all federal, state and local laws, ordinances, codes and regulations that
may in any way affect the services offered.
ARTICLE Z8- COUNTERPARTS
This Agreement, including any exhibits referenced herein, may be executed in one or more
counterparts,all of which shall constitute collectively but one and the same Agreement.The COUNTY
may execute the Agreement through electronic or manual means. MUNICIPALITY shall execute by
manual means only, unless the COUNTY provides otherwise.
ARTICLE 29 - E-VERIFY - EMPLOYMENT ELIGIBILITY
MUNICIPALITY warrants and represents that it is in compliance with section 448.095, Florida
Statutes, as may be amended. MUNICIPALITY has registered with and uses, and shall continue to
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use, the E-Verify System (E-Verify.gov), to electronically verify the employment eligibility of all
newly hired workers. MUNICIPALITY shall verify that all of its subcontractors performing the duties
and obligations of this Agreement are registered with and use the E-Verify System to electronically
verify the employment eligibility of all newly hired workers.
MUNICIPALITY shall obtain from each of its subcontractors an affidavit stating that the
subcontractor does not employ,contract with,or subcontract with an Unauthorized Alien, as that term
is defined in section 448.095(1)(k), Florida Statutes, as may be amended. MUNICIPALITY shall
maintain a copy of any such affidavit from a subcontractor for, at a minimum, the duration of the
subcontract and any extension thereof. This provision shall not supersede any provision of this
Agreement which requires a longer retention period.
COUNTY shall terminate this Agreement if it has a good faith belief that MUNICIPALITY has
knowingly violated Section 448.09(1), Florida Statutes, as may be amended.
If COUNTY has a good faith belief that MUNICIPALITY's subcontractor has knowingly violated
Section 448.09(1), Florida Statutes, as may be amended, COUNTY shall notify MUNICIPALITY
to terminate its contract with the subcontractor and MUNICIPALITY shall immediately terminate
its contract with the subcontractor.
If COUNTY terminates this Agreement pursuant to the above, MUNICIPALITY shall be barred
from being awarded a future contract by COUNTY for a period of one (1) year from the date on
which this Agreement was terminated. In the event of such contract termination, MUNICIPALITY
shall also be liable for any additional costs incurred by COUNTY as a result of the termination.
ARTICLE 30-DIGITAL ACCESSIBILITY COMPLIANCE
MUNICIPALITY acknowledges that the COUNTY is a public entity subject to Title II of the
Americans with Disabilities Act (ADA) and applicable federal accessibility regulations.
MUNICIPALITY represents and warrants that all websites,web-based applications,digital services,
electronic documents, multimedia, and other electronic content created, developed, provided,
submitted, maintained, or delivered under this Contract that may be electronically displayed,
accessed, distributed, or made available to the public by the COUNTY shall conform to the Web
Content Accessibility Guidelines(WCAG)2.1, Level AA,or any successor standard adopted by the
U.S. Department of Justice.
All electronic documents submitted to the COUNTY, including but not limited to PDFs, reports,
forms, presentations, and public-facing materials, shall be provided in an accessible format
compliant with the applicable accessibility standard at the time of delivery.
MUNICIPALITY shall ensure that any updates, revisions, or modifications to such digital content
remain compliant throughout the term of this Agreement. Upon request, MUNICIPALITY shall
provide documentation reasonably demonstrating accessibility compliance. If any deliverable is
determined by the COUNTY to be noncompliant, MUNICIPALITY shall promptly remediate the
noncompliance at no additional cost to the COUNTY and within a timeframe specified by the
COUNTY. MUNICIPALITY shall ensure that any third-party digital content or platforms used in
performance of this Agreement either comply with the requirements herein or that an accessible
alternative acceptable to the COUNTY is provided.
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Failure to comply with this subsection shall constitute a material breach of this Agreement.
(Remainder of Page Intentionally Left Blank)
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IN WITNESS WHEREOF, the Board of County Commissioners of Palm Beach County,
Florida has made and executed this Agreement on behalf of the COUNTY, and MUNICIPALITY
has hereunto set its hand the day and year above written.
ATTEST: PALM BEACH COUNTY,FLORIDA,
MICHAEL A. CARUSO,CLERK OF THE BY ITS BOARD OF COUNTY
CIRCUIT COURT & COMPTROLLER COMMISSIONERS
By: By:
Deputy Clerk Sara Baxter, Mayor
APPROVED AS TO FORM APPROVED AS TO TERMS
AND LEGAL SUFFICIENCY AND CONDITIONS
By: By
County Attorney Palm Beach County Fire Rescue
ATTEST: CITY OF YNTON BEACH, FLORIDA
By: ar/VgYIQ/ .k .44_ i.,• By:
Tammy Stan/one, Interi ity Clerk 14 ca Shelton, Mayor
APPROVED AS TO FORM AND
LEGAL SUFFICIENC
By:_44lr/41 7I
City Attorney's Office
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Page 11 of 11
IN WITNESS WHEREOF, the Board of County Commissioners of Palm Beach County,
Florida has made and executed this Agreement on behalf of the COUNTY, and MUNICIPALITY
has hereunto set its hand the day and year above written.
ATTEST: PALM BEACH COUNTY, FLORIDA,
MICHAEL A. CARUSO,CLERK OF THE BY ITS BOARD OF COUNTY
CIRCUIT COURT & COMPTROLLER COMMISSIONERS
By: By:
Deputy Clerk Sara Baxter, Mayor
APPROVED AS TO FORM APPROVED AS TO TERMS
AND LEGAL SUFFICIENCY AND CONDITIONS
By: By
County Attorney Palm Beach County Fire Rescue
ATTEST: CITY OF B NTON ACH, FLORIDA
By: idilii" 2 By:
Tammy St. ►/ione, Intity Clerk Rebecca Shelton, Mayor
APPROVED AS TO FORM AND
LEGAL SlIFFICIENCY
By: >44014
City Attorney's Office
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Page 11 of 11