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R03-174 " RESOLUTION NO. R03 - " '-f A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND PALM BEACH COUNTY, FOR THE GOOD SHEPHERD SUMMER CAMP PROGRAM HELD AT FOREST PARK ELEMENTARY SCHOOL; PROVIDING AN EFFECTIVE DATE. WHEREAS, Palm Beach County District 4 Recreation Assistance Program would like to assist in the funding of the Good Shepherd Summer Camp held during he summer of 2003 at the Forest Park Elementary School; and WHEREAS, the City must enter into an agreement to receive the funding from Palm Beach County District 4 Recreation Assistance Program in the amount of $1,200; and WHEREAS, the City will forward these funds to the Good Shepherd Humanitarian Corporation for related expenses in conjunction with the summer camp program. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The City Commission of the City of Boynton Beach hereby authorizes execution of an Agreement with the Palm Beach County, a copy of which is attached hereto as Exhibit "A". Section 2. This Resolution shall become effective immediately upon passage. S:ICAIRESQAgreements\Grants\Good Shepard Summer Camp t.mding.doc , , PASSED AND ADOPTED this ~ I day of October, 2003. .~ ACH, FLORIDA S:\CA\RESOAgreements\Grants\Good Shepard Summer Camp imding.doc R03-'iY R2003 2052 1E16mD AGREEMENT BETWEEN PALM BEACH COUNTY AND THE CITY OF BOYNTON BEACH FOR THE GOOD SHEPHERD SUMMER CAMP PROGRAM THIS AGREEMENT is made and entered into on'O-QI-a3, by and between Palm Beach County, a political subdivision of the State of Florida, hereinafter referred to as "County", and the City of Boynton Beach, a Florida Municipal Corporation, hereinafter referred to as "Boynton Beach". WIT N E SSE T H: WHEREAS, Boynton Beach sponsored the Good Shepherd Summer Camp program (Camp) for the Haitian community in conjunction with the Good Shepherd Humanitarian Corporation, Inc; and WHEREAS, the Camp was held at Forest Park Elementary School from June 16, 2003, through July 31, 2003; and WHEREAS, curriculum goals for the camp included creating a safe place, learning respect for fellow campers, learning skills of positive communication and cooperation, raising self-esteem, learning skills of peaceful conflict resolution, engaging in dialogues about race and culture, and participating in recreational activities including art, field trips, and indoor/outdoor games; and WHEREAS, the Camp served forty (40) campers at a total cost of $ 3,200; and WHEREAS, Boynton Beach has requested that County provide an amount up to $1,200 to help offset costs paid for the Camp; and WHEREAS, County desires to provide funding to Boynton Beach for the Camp in an amount not to exceed $1,200; and WHEREAS, funding for the Camp in an amount not to exceed $1,200 is available from District 4 Recreation Assistance Program (RAP) reserves; and WHEREAS, summer camp programs for youth serve a public purpose; and WHEREAS, both.parties desire to enter into this Agreement. NOW THEREFORE, in consideration of the covenants and promises contained herein, the parties hereby agree to the following terms and conditions: 1 . County agrees to fund an amount not to exceed $1 ,200 to Boynton Beach to help offset costs for the Good Shepherd Summer Camp Program, as specifically set forth in Exhibit "A", attached hereto and incorporated herein, hereinafter referred to as the "Project". 1 2. County will_ use its best efforts to provide said funds to Boynton Beach on a reimbursement basis within forty-five (45) days of receipt of the following information: a. A written statement that the Project has been completed; and b. A Contract Payment Request Form and a Contractual Services Purchases Schedule Form, attached hereto and made a part hereof as Exhibit "B", which are required for each and every reimbursement requested by Boynton Beach. Said information shall list each invoice paid by Boynton Beach and shall include the vendor invoice number; invoice date; and the amount paid by Boynton Beach along with the number and date of the respective check for said payment. Boynton Beach shall attach a copy of each vendor invoice paid by Boynton Beach along with a copy of the respective check and shall make- reference thereof to the applicable item listed on the Contractual Services Purchases Schedule. Further, the Project Financial Officer shall certify the total funds spent by Boynton Beach on the Project and shall also certify that each vendor invoice as listed on the Contractual Services Purchase Schedule was paid by Boynton Beach as indicated. 3. Boynton Beach incurred expenses for the Project beginning on June 1, 2003. Those costs incurred by Boynton Beach forthe Project, approved and submitted accordingly by Boynton Beach, subsequent to June 1,2003, are eligible for reimbursement by County pursuant to the terms and conditions hereof. 4. Recreation Assistance Program funds may be used as a match for other local, State or Federal grant programs, but Boynton Beach may not submit reimbursement requests for the same expenses to the County or other fund sources to receive duplicate reimbursement for the same expenses. 5. Boynton Beach agrees, warrants and represents that all of the employees and participants in the Project, were treated equally during employment, and for the provision of services without regard to race, color, religion, disability, sex, age, national origin, ancestry, marital status, or sexual orientation. 6. Boynton Beach shall be responsible for all costs of operation and maintenance of the Project. 7. The term of this Agreement shall be for three (3) months, commencing upon the date of execution of this Agreement. 8. The parties agree that, in the event Boynton Beach is in default of its obligations under this Agreement, the County shall provide Boynton Beach thirty (30) days written notice 2 to cure the default. In the event Boynton Beach fails to cure the default within the thirty (30) day cure period, the County shall have no further obligation to honor reimbursement requests submitted by Boynton Beach for the Project deemed to be in default and Boynton Beach shall return any County RAP funds already collected by Boynton Beach for that Project. 9. Notwithstanding any provision of this Agreement to the contrary, this Agreement may be terminated by County, without cause, upon thirty (30) days prior written notice to the other party. This Agreement may be terminated by the County, with cause, upon expiration of the thirty (30) day cure period provided for in Section 8 above. 10. Boynton Beach has completed the Project and shall provide its final- reimbursement request(s) and final accounting data to County for same on or before three (3) months from the date of execution of this Agreement by the parties hereto. County shall not unreasonably deny Boynton Beach's request for said extension. 11. In the event Boynton Beach ceases to exist, or ceases or suspends the Project or the camp program for any reason, any remaining unpaid portion of the Agreement shall be retained by County and County shall have no further obligation to honor reimbursement requests submitted by Boynton Beach. The determination that Boynton Beach has ceased or suspended the Project shall be made solely by County, and Boynton Beach agrees to be bound by County's determination. 12. Boynton Beach agrees to abide by, and be governed by, all applicable federal, state, county, and municipal laws, including but not limited to, Palm Beach County's ordinances, as said laws and ordinances exist and are amended from time to time. In entering into this Agreement, Palm Beach County does not waive the requirements of any County or local ordinance or the requirements of obtaining any permits or licenses which are normally required to conduct business or activity conducted by Boynton Beach. Failure to comply may result in County's refusal to honor reimbursement requests for the Project. 13. County reserves the right to withhold reimbursement if the Project is not completed as specified in Exhibit "A". 14. It is understood and agreed that Boynton Beach is merely a recipient of County funding and is an independent contractor and is not an agent, servant or employee of County or its Board of County Commissioners. In the event a claim or lawsuit is brought against County or any of its officers, agents or employees, Boynton Beach shall indemnify, save and hold harmless and defend the County, its officers, agents, and/or employees from and against any and all claims, liabilities, losses, judgments, and/or causes of action of any type 3 arriving out of or relating to any intentional or negligent act or omission of Boynton Beach, its agents, servants and/or employees in the performance of this Agreement. The foregoing indemnification shall survive termination of this Agreement. 15. Without waiving the right to sovereign immunity as provided by Section 768.28, Florida Statutes, Boynton Beach acknowledges to be self-insured for General Liability and Automobile Liability under Florida sovereign immunity statutes with coverage limits of $100,000 Per Person and $200,000 Per Occurrence; or such monetary waiver limits that may change and be set forth by the legislature. Boynton Beach agrees to maintain or to be self-insured for Workers' Compensation and Employer's Liability insurance in accordance with Florida Statutes Chapter 440. Boynton Beach shall agree to provide a statement 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 Boynton Beach of its liability and obligations under this Interlocal Agreement. 16. Upon request by County, Boynton Beach shall demonstrate financial accountability through the submission of acceptable financial audits performed by an independent auditor. 17. Boynton Beach shall maintain books, records, documents, and other evidence which sufficiently and properly reflect all costs of any nature expended in the performance of this Agreement for a period of not less than five (5) years. Upon advance notice to Boynton Beach, County shall have the right to inspect and audit said books, records, documents, and other evidence during normal business hours. 18. The County and Boynton Beach may pursue any and all actions available under law to enforce this Agreement including, but not limited to, actions arising from the breach of any provision set forth herein. 19. This Agreement shall be governed by the laws of the State of Florida and any and all legal action necessary to enforce this Agreement shall be held in Palm Beach County, Florida. 20. As provided in Section 287.132-133, Florida Statutes, by entering into th is Agreement or performing any work in furtherance hereof, Boynton Beach certifies that it, its affiliates, suppliers, subcontractor and consultants who will perform hereunder, have not been placed on the convicted vendor list maintained by the State of Florida Department of 4 Management Services within the thirty six (36) months immediately preceding the date hereof. This notice is required by Section 287.133(3)(a), Florida Statutes. 21. This Agreement sets forth the entire Agreement between the parties and supercedes all other negotiations, representations, or agreement, either written or oral, relating to this Agreement. The Agreement may be modified and amended only by written instrument executed by the parties hereto. 22. Any notice given pursuant to the terms of this Agreement shall be in writing and hand delivered or sent by U.S. Mail. All notices shall be addressed to the following: As to the County: Director of Parks and Recreation Palm Beach County Parks and Recreation Department 2700 Sixth Avenue South Lake Worth, Florida 33461 As to Boynton Beach: City Manager City of Boynton Beach P.O. Box 310 Boynton Beach, FL 33425 23. This Agreement is made solely and specifically among and for the benefit of the parties hereto, and their respective successors and assigns subject to the express provisions hereof relating to successors and assigns, and no other person shall have any rights, interest, or claims hereunder or be entitled to any benefits under or on account of this Agreement as a third-party beneficiary or otherwise. IN WITNESS WHEREOF, the undersigned parties have signed this Agreement on the date first above written, R2003 2052 ATTEST: "..............""""",, PALM BEACH COUNTY, FLORIDA, BY ITS =~b.~.~.T..Y...6~1'" BOARD F COUNTY COMMISSIONERS DOROTHY H. WILKEiN}9lerk ......'1J''It", cl~ ~-~ . ~~ a~-i,.. \~~ C /t "".... '-;Y "(/)h By. ,-,,, --CU1TNTY =cnP Deputy Clerk\~\ J:"L.ORID~ /0} K re T. Marcus, Chair DEe 1 6 . III~ ". "'$: '10 '. '."J..'T.= '1,/ q ......_.......i~;v.::-.:: THE CI III"" * ,,;:..,:j!f" ",,,,,,,,,,.................. By: Superintendent N BEACH ATTEST: ,.. By: APPROVED AS TO FORM AND LEGAL SUFFICIENCY By:A~j)~1A - Coun rney APPROVED AS TO FORM AND LEGAL SUFFICIENC~A BY:~ (JJ" U'- Boynton Beach Attorney :P;z5;~~T'ONS: Dennis L. Eshleman, Director Parks and Recreation Department 5 The City of Boynton Beach ."fY O.c- . . ~ ~ .c,~ G1 - - ~ --=----:~~ I o -- .-- - CI So - - \" 'V. l' <>. ~ ON."" NEIGHBORHOOD PROJECT SPECIALIST OFFICE OF THE CITY MANAGER f 00 E. BOYNTON BEACH BOULEVARD P.O. Box3fO BOYNTON BE:ACH. FLORIDA 3342503 f 0 OFFICE: (56 fJ 742--6028 FAX: (56 f) 742.6259 E-MAIL..OECARLOO@CI.SOYNTON-SE:ACH_FL.US WWW.CI.SOYNTON-SE:ACH.FL.US June 10,2003 Dear Sir or Madam: The City Of Boynton Beach is assisting in sponsoring a summer program for the Haitian community at Forest Park Elementary School. We have been working \vith Good Shepherd Humanitarian Corporation and other groups to help to sponsor a summer camp for forty children this summer. This is a collaborative effort with everyone trying to do what they can to get several groups to work together. We are especially grateful for the leadership shown by Caneste Succe and the Good Shepherd organization. Attached is the budget that has been prepared for the program at Forest Park. We appreciate your consideration for funding the attached proposal. If you have any questions, please don't hesitate to contact me at 561-742-6028. ~~~~ Dan DeCarlo 0:eighborhood Project Specialist ejh; /0; r A (f I of 3- AMERICA'S GA TEWA Y TO THE GULFSTREAM Good Shepherd Summer Camp Compensation Budget This is a six week Program Junel6-July 31 Transportation Caneste Succe ~ 300.00 Counselors (3) Gregory 500.00 Canette 200.00 Sabine 300.00 Acting Director Retba Lowe 300.00 Snacks/Certificates (For Children) 200.00 Last Day Field Trip d. July 31. West Palm Beach WuerFountain\'l;{OO.OO Lunch Total........._~*... 6'fh:b~f- A f ;2of 3 .",-....:.--~. ~ ~:!~ ;.~ t Summer Camp Schedule 11:00-11:15 Roll Call 11:15-11:30 Bathroom Break 11:30-12:30 Lunch 12:40:1:30 First CouDsel Group (Ages 5--9) Writing Activities Reading Art Activities Second Counsel Group (Ages 10-15) Rap Sessions Math 1 :40-3:00 SnackIMovie 3:0C)..4:00 Outdoorllndoor Games 4:00-4:30 Dismissal Schedule will vary by days due to plan field trips 6/--h,ioj f A f 3..+ 3 PALM BEACH COUNTY PARKS AND RECREATION DEPARTMENT EXHIBIT B CONTRACT PAYMENT REQUEST (Date) Grantee Project Billing # Billing Period Item Project Costs This Billing Cumulative Project Costs Contractual Service Salary and Wages ( % of Salaries) Materials, Supplies, Direct Purchases Grantee Stock Eauipment Tr el Donated Real Property Indirect Costs TOTAL PROJECT COSTS Certification: I hereby certify that the above expenses were incurred for the work identified as being accomplished in the attached progress reports. 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