R23-137 1 RESOLUTION NO. R23-137
2
3
4 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA,
5 APPROVING AND AUTHORIZING THE MAYOR TO SIGN THE FISCAL
6 SPONSOR AGREEMENT BETWEEN YOUTH ENRICHMENT
7 ASSOCIATION FOR ACADEMICS AND ATHLETICS (YEAAA) AND THE
8 CITY OF BOYNTON BEACH TO RECEIVE FUNDS IN THE AMOUNT OF
9 $250,000 TO RENOVATE THE FOOTBALL FIELD AT THE EZELL HESTER
10 JR. COMMUNITY PARK AWARDED BY LOCAL INITIATIVES SUPPORT
11 CORPORATION (LISC), MIAMI DOLPHINS, AND NFL FOUNDATION
12 GRASSROOTS GRANT; AND PROVIDING AN EFFECTIVE DATE.
13
14
15 WHEREAS, The Youth Enrichment Association for Academics and Athletics, Inc.
16 (YEAAA) and the City of Boynton Beach have been awarded $250,000 by Local Initiatives
17 Support Corporation (USC), Miami Dolphins, and NFL Foundation for the renovation of the
18 football field at Ezell Hester Jr. Community Park to install synthetic turf; and
19 WHEREAS, The Fiscal Support Agreement provides that YEAAA agrees to sponsor the
20 Ezell Hester football field renovation project with the funding awarded from the Grassroots
21 Grant and the City of Boynton Beach agrees to complete the field renovation project; and
22 WHEREAS, the City Commission of the City of Boynton Beach, Florida, upon the
23 recommendation of staff, deems it to be in the best interests of the City residents to approve
24 and authorize the Mayor to sign the Fiscal Sponsor Agreement between Youth Enrichment
25 Association for Academics and Athletics (YEAAA) and the City of Boynton Beach to receive
26 funds in the amount of $250,000 to renovate the football field at the Ezell Hester Jr.
27 Community Park awarded by Local Initiatives Support Corporation (LISC), Miami Dolphins,
28 and NFL Foundation Grassroots Grant.
29 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
30 BOYNTON BEACH, FLORIDA, THAT:
31 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
32 being true and correct and are hereby made a specific part of this Resolution upon adoption
33 hereof.
34 Section 2. The City Commission hereby approves and authorizes the Mayor to
S:\CA\RESO\Agreements\Fiscal Sponsorship Agreement wwith YEAAA-Reso.docx
35 sign the Fiscal Sponsor Agreement between Youth Enrichment Association for Academics and
36 Athletics (YEAAA) and the City of Boynton Beach to receive funds in the amount of $250,000
37 to renovate the football field at the Ezell Hester Jr. Community Park awarded by Local
38 Initiatives Support Corporation(USC), Miami Dolphins,and NFL Foundation Grassroots Grant.
39 A copy of the Agreement is attached hereto as Exhibit "A."
40 Section 3. This Resolution shall become effective immediately upon passage.
41 PASSED AND ADOPTED this 3rd day of October, 2023.
42 CITY OF BOYNTON BEACH, FLORIDA
43
44 YES NO
45 /
46 Mayor—Ty Penserga ,/
47 /
48 Vice Mayor—Thomas Turkin ✓
49
50 Commissioner—Angela Cruz /
51
52 Commissioner—Woodrow L. Hay
53
54 Commissioner—Aimee Kelley
55
56 VOTE _.--51.._.0
57
58 A T:
59 lik
,-' _....„,_______--74/
61 Maylee se - "s, MPA, J iC j„ • Ty P-..�+�' :
l Y 0iC
_T
0 U
} r
Fiscal Sponsor Agreement
Between
Youth Enrichment Association for Academics and Athletics, Inc.
And
The City of Boynton Beach
Project Description: The Youth Enrichment Association for Academics and Athletics, Inc.
and the City of Boynton Beach have been granted $250,000 by the Miami Dolphins through
the National Football League Foundation Grassroots Program ("Program") for a new
synthetic turf field at Ezell Hester Center Community Park.
Youth Enrichment Association for Academics and Athletics has determined that sponsorship
of the project would be consistent with its goals and wishes to make arrangements with the
City of Boynton Beach for the implementation of the project.
1. Youth Enrichment Association for Academics and Athletics, Inc. (YEAAA) hereby agrees
to sponsor the project and to assume programmatic,financial,and legal responsibility for
purposes of the requirements of the Program. The City of Boynton Beach (COBB) agrees
to implement the project in accordance with the terms of this agreement and with any
requirements imposed by the Program.
2. The Project shall be operated in a manner consistent with YEAAA's tax-exempt status and
as described in this agreement. No material changes in the purposes or activities of the
Project shall be made without prior written permission of the Program,nor shall the City
carry on activities or use funds in any way that jeopardizes YEAAA's tax-exempt status.
3. The City of Boynton Beach will provide all information and prepare all reports,including
interim and final reports, required by the Program,with YEAAA's assistance.
4. On behalf of the City of Boynton Beach, YEAAA will establish and operate for the use of
the Project a designated account segregated on YEAAA's books. All amounts deposited
by the Program into the Project's Account will be used in its implementation.
5. Within fourteen (14) days of YEAAA's receipt of Project funds from the Program, the
YEAAA shall disburse funds from the Project's Account in the following manner to the
City of Boynton Beach: Via Check from YEAAA to the City of Boynton Beach to be
deposited in a specific account for this purpose
Disbursements shall be restricted to the support and implementation of the Project only.
1
(r.,,,(\
OI��JU
TON
6. The City of Boynton Beach designates the City Manager or his/her designee to act as
authorizing official. The authorizing official shall act as principal coordinator of the
Project's activities with YEAAA and shall have authority to sign the disbursement
request.
7. YEAA and the City will maintain all financial records relating to the Project according to
generally accepted accounting principles, retain records as long as required by Florida
law,and make records available to the Program and to auditors as required by law.
8. YEAAA and the City will reflect the activities of the Project to the extent required on their
state and Federal government tax returns and financial reports.All disbursements from
an account shall be treated as an advance payment made to the City to accomplish the
purposes of the Project. The City will provide YEAAA with proper documentation to
accomplish this, including furnishing YEAAA with the City's Federal Employer
Identification Number.
9. YEAAA and the City shall meet quarterly to discuss the progress of the Project as well as
the disbursement of the funds.
10. Records- Public Records
a. Records to be Maintained
PUBLIC RECORDS: Sealed documents received by the City in response to an
invitation are exempt from public records disclosure until thirty(30) days
after the opening of the Bid unless the City announces intent to award
sooner, in accordance with Florida Statutes 119.07.
The City is a public agency subject to Chapter 119, Florida Statutes. The
Sponsor shall comply with Florida's Public Records Law. Specifically,the
Sponsor shall:
1. Keep and maintain public records required by the CITY to perform the
service;
2. Upon request from the CITY's custodian of public records,provide the
CITY with a copy of the requested records or allow the records to be
inspected or copied within a reasonable time at a cost that does not exceed
the cost provided in chapter 119, Fla. Stat. or as otherwise provided by law;
2
S Y 0
C-'
410N
3. Ensure that public records that are exempt or that are confidential
and exempt from public record disclosure requirements are not disclosed
except as authorized by law for the duration of the contract term and,
following completion of the contract, Sponsor shall destroy all copies of such
confidential and exempt records remaining in its possession once the
Sponsor transfers the records in its possession to the CITY; and
4. Upon completion of the contract, Sponsor shall transfer to the CITY,at
no cost to the CITY,all public records in Sponsor's possession All records
stored electronically by Sponsor must be provided to the CITY, upon request
from the CITY's custodian of public records, in a format that is compatible
with the information technology systems of the CITY.
5. IF THE SPONSOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO
THE SPONSOR'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS CONTRACT, CONTACT THE
CUSTODIAN OF PUBLIC RECORDS:
CITY CLERK
100 E. OCEAN AVE.
BOYNTON BEACH, FL, 33435
561-742-6060 CITYCLERK@BBFL.US
11.Hold Harmless. The Sponsor agrees to defend, indemnify and hold the City and Florida
Housing Finance Corporation harmless from any and all claims, actions, suits, charges
and judgments of any nature whatsoever which may arise from the Sponsor's
performance or nonperformance of this Agreement. The Sponsor shall not be liable for
acts of the City, its officers, agents or employees. Nothing in this paragraph shall be
construed as a waiver by the City of its right to statutory sovereign immunity under
Florida Statute§768.28.
3
Gk- i ',-
co
ETON
In witness whereof, the parties hereto have executed this Agreement on the day and year
first written above.
CITY OF BOYNTON BEACH YOUTH ENRICHMENT ASSOCIATION
FOR ACADEMICS AND ATHLETICS,INC.
Ty Pe ., . or (Signature), Company
Print Name of Authorized Official
Title
ONNTO& `‘‘
.�VO pOR.....6)<<\`‘i (Corporate Seal)
0� ' T '• i
•
• •
_i: SEAL•':s '%
• v pRpORATED; Attest/Authenticated:
1Nc
1920
' •• •
'‘ FLOR\V '"
Witness
Print Name
Approved as to Form:
C
David N. Tolces, Interim City Attorney
Attested/Authenticated:
Is
7,..
Maylee Sus, MMC
City Cle
4
G\t, O,c
ETON 6
In witness whereof, the parties hereto have executed this Agreement on the day and year
first written above.
CITY OF BOYNTON BEACH YOUTH ENRICHMENT ASSOCIATION
FOR ACADEMICS AND ATHLETICS,INC.
,i,'
Ty Pemor (Signature), Company
lit-1 1‘ h A / . 8'1
P Name of Authonzgd Of cial
t l
re S1jc-
Title
T �`N
.." R•, • N6'N (Corporate Seal)
i •
O:,*(§' f 90 It
i_ti: S J
v ORpORATEO. ;