Loading...
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. ;