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R18-0481 1 1 18 Ii 19 2 21 25 2 a, RESOLUTION R18-048 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR TO SIGN AN INTERLOCAL AGREEMENT FOR SWIMMING LESSONS BETWEEN PALM BEACH COUNTY AND THE CITY OF BOYNTON BEACH FOR PARTICIPATION IN THE DROWNING PREVENTION COALITION LEARN TO SWIM PROGRAM; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Palm Beach County will pay to the City of Boynton Beach its usual and customary fee per swim class for swimming lessons provided by the City in exchange for the Drowning Prevention Coalition Learn to Swim Program; and WHEREAS, the City Commission of the City of Boynton Beach upon recommendation of staff, deems it to be in the best interest of the citizens and residents of the City of Boynton Beach to approve and authorize the Mayor to sign the Interlocal Agreement with Palm Beach County which expires September 30, 2018, for participation in the Drowning Prevention Coalition Learn to Swim Program. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. Section 2. The City Commission of the City of Boynton Beach hereby authorizes the Mayor to sign an Interlocal Agreement between the City of Boynton Beach and Palm Beach County which expires September 30, 2018, for participation in the Drowning Prevention C:\Users\StanzioneT\AppData\Local\Microsoft\Windows\Temporary hitemet Fi Ics\Content.IE5\52FYTEOE\I .A_with_PBC_for_Drown i ng_Prevention_Swim_Program_ 18-19_Reso. doc 3111 371 411 471 49 50 51 571 Nil Coalition Learn to Swim Program, a copy of said Interlocal Agreement is attached hereto and made a part here as Exhibit "A". Section 3. That this Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this 20th day of March, 2018. CITY OF BOYNTON BEACH, FLORIDA Mayor — Steven B. Grant Vice Mayor — Christina L. Romelus Commissioner — Justin Katz Commissioner — Mack McCray Commissioner — Joe Casello ATTEST: L�� Z�7. /64 JuditK A. Pyle, CMC Citi Clerk (Corporate Seal) VOTE C:\Users\StanzioneT\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.IE5\VAGZE6P0\ILA_with_PBC_for_Drowning_Prevention_Swim_Program_ 18-19_Reso. doc YES NO i R2010 0776 INTERLOCAL AGREEMENT FOR SWIMMING LESSONS MAY 1 5 2018 This Agreement is made as of the le day of ipri( , 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 the 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. 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 Page 1 of E 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 March 1, 2018 and shall remain in effect until September 30,2018. 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. 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. Page 2 of 8 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 annualappropriations 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 fs., 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. In the event MUNICIPALITY maintains third-party Commercial General Liability, Business Auto Liability and Professional 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. Compliance with the foregoing requirements shall not relieve MUNICIPALITY of its liability and obligations under this Agreement. ARTICLE 9 -INDEMNIFICATION Each party shall be Iiable 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, Page 3 of E 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 or 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 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 and the Palm Beach County Code of Ethics. 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, 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. Page 4 of 8 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,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. 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. Page 5 of 8 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 or expression, or genetic information. 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 conductits 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 Page 6 of 8 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 If sent to the MUNICIPALITY, notices shall be addressed to: City of Boynton Beach John H. Denson Pool 225 Northwest 12th Avenue Boynton Beach,FL 33425 Attn: Crystal Quesada,Aquatics Supervisor 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. Page 7 of € LV 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. • R2018 0776 MAY15 2018 WITNESS PALM BEACH COUNTY,FLORIDA,BY �n ,, ITS BOARD OF COUNTY COMMISSIONERS k ��.�•L.�, T 1 vl�td�'� By: in ja246 r , a , Signature Michael Mackey,Fire Rescue Zi ' istrator, / through Verdenia C.Baker, County ' • ' 'stator�s'�er)cl 1 6(\aSrX Name (type or Print) APPROVED AS TO FORM APPROVED AS TO TERMS AND LEGAL SUFFICIENCY AND CONDITIONS By: ATin By d i2\4.(-( 1 County Attorney Paln3'Beach County Fire Rescue ATTEST: CITY OF BOYNTON BEACH,FLORIDA By: _ �{ By: d dosil,44.......•—•� J Clerk Lori LaVerriere,City Manager APPROVED ; T I 'ORI AND LEGAL S i Cr BY: 1.4 a.AA Cil*Attome Or „iktik- ,. ,. 4, . 0 A. 0,. BOYS Page 8 of 8 Exhibit A, Page 1 of 2 John H. Denson Pool 225 NW 12TM Ave Boynton Beach, FL 33435 561-742-6645 Learn to Swim Children will learn basic water safety and swimming skills as a group. Children MUST be potty- trained (not including ages 6 months—3 years in the Parent&Tot classes). Please note that there are NO REFUNDS and no make-up classes for classes cancelled due to inclement weather. We offer free assessment on water skills upon request. Fees are: $40 Residents $50 Non-Resident Parent&Tot is an introductory course for ages 6 months to 3 years,teaching swimming readiness skills. Providing safety information for parents and teaching techniques parents can use to orient their child to the water. 1:10 ratio,with 4 minimum in a class;30 minutes.Swim diaper and swim cover is needed for class for those not toilet trained. Preschool I is to familiarize children approximately 4 and 5 years old to the aquatic environment and help,them get the basic aquatic skills. Help participants begin to develop positive attitude and safe practice in and around the water. 1:6 ratio with 4 minimum in a class; 30 minutes. Preschool Il is children approximately 4 and 5 years old and are built on improving the skills learned in Preschool I. In addition, increase knowledge of water safety topics. Prerequisites: must successfully demonstrate the Preschool 1 exit skills. 1:6 ratio with 4 minimum in a class and; 30 minutes Level I (ages usually 6 & up) is for those who have never had lessons, cannot swim, or are not comfortable in the water. Children will learn basic water safety and swimming skills at a beginner level. In order to progress to Level II, must successfully demonstrate Level I exit skills. 1:6 ratio, with 4 minimum in a class; 30 minutes Level II (ages usually 6 & up) is for those who have had lessons,can swim a minimum of 5 yards and float on their back. Children will develop swimming techniques and must successfully demonstrate Level II exit skills, to move to the next level. 1:6 ratio,with 4 minimum in a class; 30 minutes Level III (ages usually 6 & up),will practice stroke refinement at an advanced level in order to advance to a Recreation Swim League or pre-competition level. Children must be able to swim Exhibit A, Page 2 of 2 25 yards on their front and 15 yards on their back. 1:6 ratio,with 4 minimum in a class; 30 minutes Private Swim Lessons Children will learn basic water safety and swimming skills: 1:1 ratio. $15R$18 NR 30 minutes (per class) *All dates and times are subject to change due to weather and staffing. Level Day Time Parent&Tot Weekday 4:00—4:30P Saturday 10:00—10:30A Preschool I Weekday 4:30-5:OOP Saturday 10:00—10:30A Preschool II Weekday 4:30-5:OOP Saturday 10:30—11:OOA Levels I Weekdays 5:00—5:30P Saturdays 10:30- 11:OOA Level II Weekdays 5:00—5:30P Saturday 11:00—11:30a Level III Weekdays 5:30P—6:OOP Saturdays 11:00—11:30A Adult Weekdays 5:30P—6:00P Saturday 11:30A—12:00P T/TH W/F Saturday Session 1 6/12-7/5 6/13-7/11* 7/14—9/1 Session 2 7/17—8/9 7/18—8/10 Session 3 8/21—9/13 8/22—9/14 • No class July 4"