R12-130RESOLUITION
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INTERLOCAL AGREEMENT
FOR SWIMMING LESSONS
This Agreement is made as of the day of , 20, 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 City of Boynton Beach, a Florida
municipal corporation located in Palm Beach County, Florida. (hereinafter referred to as
"MUNICIPALITY ").
WHEREAS, COUNTY, through its Drowning Prevention Coalition's ( "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.
WHEREAS, Section 163.01, Florida Statutes, known as the "Florida Interlocal Cooperation Act
of 1969," authorizes local governments to make the most efficient use of their power by enabling
them to cooperate with other localities on a basis of mutual advantage and thereby to provide
services and facilities that will harmonize geographic, economic, population and other factors
influencing the needs and development of local communities.
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 individuals who
present vouchers issued by the DPC Learn to Swim Program. Each class to be offered and
provided shall consist of a series of at least six swimming lessons and shall be identified in
Exhibit A, attached hereto and incorporated herein. Exhibit A shall set forth the name, type,
swimming level, dates, location, minimum participation requirements, if any, and
MUNICIPALITY's usual and customary fee for each class. MUNICIPALITY shall not charge
voucher holders for any swim class for which MUNICIPALITY's usual and customary fee is
$50.00 or less. If MUNICIPALITY's usual and customary fee for a swim class is more than
$50.00, then the maximum fee that MUNICIPALITY may charge voucher holders for said class
is its usual and customary fee minus $50.00. Said classes may be open to the public and are not
restricted to voucher holders.
The swimming lesson classes shall be provided at MUNICIPALITY'S aquatic facility.
MUNICIPALITY agrees to provide and maintain its facility in a safe, clean and hygienic manner
and 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 and facility as provided herein.
1
MUNICIPALITY represents and warrants that its aquatic facility is in compliance, and shall
continue to be in compliance, with Section 514.031, 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, MUNICIPALITY must provide to
COUNTY copies of the facility's current operating permit and most current inspection report,
which must evidence a satisfactory inspection.
MUNICIPALITY 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 any other applicable laws, rules
and regulations. 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 on October 1, 2012 and shall remain in effect until September
30, 2013.
ARTICLE 3 - PAYMENTS TO MUNICIPALITY
A. For swimming classes provided by MUNICIPALITY in exchange for DPC Learn to
Swim Program vouchers, COUNTY shall pay MUNICIPALITY its usual and customary
fee per class as set forth in Exhibit A hereto, up to a maximum of $50.00 per class series
provided to a voucher holder. As provided in Resolution No. R- 2005 -1906, 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 swimming
lesson classes provided hereunder. Invoices shall include a list of the names and contact
information of students to whom lessons were actually provided, the name, dates, and
times of the classes provided, and any other documentation deemed necessary by
COUNTY to verify that services have been rendered in conformity with this Agreement
and any applicable DPC Learn to Swim Program criteria, policies and procedures.
ARTICLE 4 - TERMINATION
The COUNTY may terminate this Agreement at any time upon 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 services required hereunder shall be performed by the MUNICIPALITY or 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
MUNICIPALITY may not, without written approval of COUNTY, subcontract any rights,
responsibilities or obligations under this Agreement.
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- 2005 -1906. 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 s.768.28 f s., MUNICIPALITY
acknowledges to be self - insured for General Liability and Automobile 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.
In the event MUNICIPALITY maintains third -party Commercial General Liability and Business
Auto Liability in lieu of exclusive reliance of self - insurance under s.768.28 fs,
MUNICIPALITY shall agree to maintain said insurance policies at limits not less than $500,000
combined single limit for bodily injury or property damage.
MUNICIPALITY agrees to maintain or to be self - insured for Worker's 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.
3
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. 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
Neither party shall assign, 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 Palm Beach County. 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
The MUNICIPALITY 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. The
MUNICIPALITY 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,
11
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 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
MUNICIPALITY shall not be considered in default by reason of any failure in performance if
such failure arises out of causes reasonably beyond the control of MUNICIPALITY 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 MUNICIPALITY'S request, the COUNTY shall consider the facts and extent of any
failure to perform the work and, if the MUNICIPALITY 'S failure to perform was without its or
its subcontractors fault or negligence, the Agreement schedule and/or any other affected
provision of this Agreement shall be revised accordingly, subject to the COUNTY'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, judgement, 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
5
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.
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 three (3) 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 MUNICIPALITY warrants and represents that 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, gender identity and expression.
0
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 F.S. 287.132 -133, 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 F.S. 287.133(3)(a).
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
7
If sent to the MUNICIPALITY, notices shall be addressed to:
Notices should be addressed to:
John Denson Pool
City of Boynton Beach
Attn: Kari A. Yerg, Pool Supervisor
225 NW 12 Ave
Boynton Beach, FL 33435
ARTICLE 25 - FILING
A copy of this Agreement shall be filed with the Clerk of the Circuit Court in and for Palm
Beach County.
ARTICLE 26 - 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.
Remainder of page left blank intentionally.
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.
WITNESS PALM BEACH COUNTY, FLORIDA, BY
ITS BOARD OF COUNTY CO ISSIONERS
By: � ` � ' 1
Signature Steven :. Jerauld, F re- Rescue Administrator,
through Robert W-isman, County Administrator
fta
Name (type or Print)
APPROVED AS TO FORM APPROVED AS TO TERMS
AND LEGAL SUFFICIENCY AND CONDITIONS
By r - By 1 G vr
County Attorney Pa u h ou nty Fire - Rescue
ATTEST: CITY OF BOYNTON BEACH, F 1 RIDA
r
By. By: -- /j•
ity Clerk Woodrow Hay, Mayor
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
G Y 0 �
By%. i /' i PAA._L
City Atto 4 '
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9
EXHIBIT "A"
10
*LEARN TO SWIM PROGRAM
City of Boynton Beach John H. Denson Pool
225 NW 12 Avenue Boynton Beach Florida, 33435
Exhibit A
EXHIBIT "A"
Level I. Introduction to Water Skills;
Children will learn basic water safety and swimming skills at a beginner level in order to
progress to the intermediate Level II.
Ratio: 1 instructor for every 6 Children
Level II, Fundamental Aquatic Skills:
Children will develop swimming techniques at an intermediate level in order to progress to the
advanced Level III.
Ratio: 1 instructor for every 6 Children
Cost: All Learn to swim classes are $40 for residents and $50 for non - residents per child, per
session.
All classes subject to change due to inclement weather or staffing issues.
Adaptive Aquatics will be offered upon request. These are lessons geared to patrons with
special needs.
Private Lessons are 6 (30 minutes lessons). Cost is $62 for resident and $78 non resident.
Sprinq 2013 Week Day Sessions
When: Tuesday & Thursdav or Wednesday & Friday for four weeks
T/Th
W/F
1/8 -1/31
1/9 -2/1
2/5 -2/28
2/6 -3/1
3/5 -4/4
3/6 -4/5 no classes 3/26 -3/29
4/9 -5/2
4/10 -5/3
5/7 -5/30
5/8 -5/31
Times: Per Level
Level I
4:30- 5:OOPM
5:00 — 5:30 PM
5:30 — 6:00 PM
Level II
4:30- 5:OOPM
5:00 — 5:30 PM
5:30 — 6:00 PM
Sprinq 2013 Saturday Sessions
When: Saturday
1/12 -2/2
2/9 -3/2
3/9 -4/13 no classes 3/23 & 3/30 due to spring break
4/20 -5/11
5/18 -6/8
EXHIBIT "A"
Times: Per Level
Level I Level 11
10:30 AM -11:15 AM 10:30 -11:15 AM
11:15 AM -12:00 PM 11:15 AM -12:00 PM
Summer 2013 Week Dav Sessions
Session 1
June 11 -14
Session 2
June 18 -21
Session 3
June 25 -28
Session 4
July 2 -5 no class on the 4th
Session 5
July 9 -12
Session 6
July 16 -19
Session 7
July 23 -26
Session 8
July 30 -Aug 2
Session 9
Aug 6 -9
Session 10
Aug 13 -16
Times: Per Level
Level 1
9:00 -9:45
9:45 -10:30
10:30 -11:15
Level 11
9:00 -9:45
9:45 -10 :30
10:30 -11:15
When: Saturdav
Session I:
Session 11:
Session III
Times: Per Level
Level 1
10:30 AM -11:15 AM
11:15 AM -12:00 PM
June 8 -29
July 6 -27
Aug 3 -24
Level II
10:30 — 11:15 AM
11:15 AM -12:00 PM
STAR
C: U R A N C t
C O M P A N Y
STAR INSURANCE COMPANY CERTIFICATE OF INSURANCE DATE ISSUED: 4112112
PRODUCER This certificate Is Issued as a matter of information only and confers no rights upon
the certificate holder This certificate DOES Nor amend, extend or alter the coverage
Arthur J Gallagher & Co. afforded by the policies below.
2255 Glades Road
Suite 404 E. COMPANIES AFFORDING COVERAGE
Boca Raton, FL 33431
INSURED COMPANY (A) STAR INSURANCE COMPANY
City of Boynton Beach COMPANY (B)
100 E. Boynton Beach Boulevard
Boynton Beach, FL 33425 COMPANY (C)
COMPANY (D)
COVERAGES
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.
CO TYPE OF INSURANCE POE ICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS
LTR DATE (MMIOD/YY) DATE (MM11DD/YY)
GENERAL LIABILITY
A ® COMMERCIAL GENERAL LIABILITY CP O6419 NL2 04/01/12 4/01113 GENERAL AGGREGATE SEE BELOW
O CLAIMS MADE E OCCUR. PRODUCTS- COMPIOP AGG
a OWNERS 3 CONTRACTOR'S PROT EACH OCCURRENCE SEE 11KLnW
FIRE DAMAGE (any ono tire) - -
MED EXPENSE (way wo person)
AUTOMOBILE LIABILITY
A ❑ ANY AUTO PIA WA WA COMBINED SINGLE LINT tom/
D ALL OWNED AUTOS BODILY WAJRY
D SCHEDULED AUTOS BODILY JKXWV tW I
D HIRED AUTOS PROPERTY DAMAGE
a NON-OWNED AUTOS
C) GARAGE LIABILITY
EXCESS LIABILITY
• 17 UMBRELLA FORM EACH OCCURRENCE 54.000,000
IBA OTHER THAN UMBRELLA FORM CP 0641902 04/01112 4101113 AGGREGATE 50.000.000
• WORKERS' COMPENSATION CIS 0641982 00101112 4101/13 STATUTORY LIMITS s
AND
EMPLOYERS LIABILITY EACH ACCIDENT
DISEASE- POLICE LIMIT
DISEASE -EACH EMPLOYEE
Corrpnny A - Pa&Y w4mol to the SIR pw Geeerai EndwsarnenN SNS GEN Or at vOW to On Fbd cy
DESCRIPTION OF OPERATIONSILOCATIONSNEHICLES /SPECIAL ITEMS - All operations usual to a normal City Government
including Certificate Holder with respects to liability insurance coverage.
All terms and conditions of this policy remain unchanged.
Palm Beach County Board of County Should any of the above described policies be cancelled before the expiration
Commissioners date thereof, the Issuing company will endeavor to mall ag days written notice to
Risk Management Department the certificate holder named to the left, but failure to mail such notice shall impose
100 Australian Ave. #200 no obligation or liability of any kind upon the company, its agents or
W. Palm Beach, FL 33406 representatives
Authorized Signature.
Sandra M Donaghy
Meadoubrook Insurance Group