R04-059.Thb City of Boynton Beach
City Clerk's Office
100 E BOYNTON BEACH BLVD
BOYNTON BEACH FL 33435
(561) 742-6060
FAX: (561) 742-6090
e-mail: prainitoj~ci.boynton-beach.fl.us
www.boynton-beach.org
May 5, 2004
Director of Parks and Recreation
Palm Beach County Parks and Recreation Department
2700 Sixth Avenue South
Lake Worth, FL 33461
RE: RESOLUTION #R04-059 PLUS AGREEMENT
Dear Director:
Attached please find a copy of the above-mentioned resolution and two original
agreements made with Palm Beach County for funding the Heritagefest Coronation and
Youth Awards Banquet.
Please return one original to my attention after it has been fully executed.
If you have any questions don't hesitate to contact me.
Sincerely,
THE CITY OF BOYNTON BEACH
CMO,
et M. Prainito, City Clerk
C: Wally Majors, Director, Recreation and Parks Dept.
Attachment
America's Gateway to the Gulfstream
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RESOLUTION R04- O~q
A RESOLUTION OF THE CITY OF BOYNTON BEACH,
FLORIDA, AUTHORIZING AND DIRECTING THE
CITY MANAGER TO EXECUTE AN AGREEMENT
BETWEEN PALM BEACH COUNTY AND THE CITY
OF BOYNTON BEACH, PROVIDING FOR FUNDING
OF HERITAGEFEST CORONATION AND YOUTH
AWARDS BANQUET; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City of Boynton Beach sponsored the annual
Heritage Festival during the month of February 2004, to develop a sense of
community where children and adults of all ethnic backgrounds work, play
and celebrate as one; and
and
WHEREAS, this event attracted approximately 20,000 participants;
WHEREAS, the City has requested an amount of $5,000 to offset the
cost of the Coronation Event and the Youth Awards Banquet Events, and the
County is desirous of providing funding in an amount not to exceed $5,000 to
assist the City in these two events;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY
COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA,
THAT:
Section 1. This Commission does hereby authorize and direct the
City Manager to execute an Agreement between Palm Beach County and the
City of Boynton Beach, for funding of for the HeritageFest Coronation and
Youth Awards Banquet, which Agreement is attached hereto as Exhibit "A".
S:\~A\RESOXAgreements\lnterlocals\HeritageFest Reso - funding.doc
1 Section 2 That this Resolution shall become effective
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immediately upon passage.
PASSED AND ADOPTED this o~O day of April, 2004.
ATTEST:
l~rk
CITY OF BOYNTON BEACH, FLORIDA
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Com~ioner ~ff.~--. ~
(Corporate Seal)
S:' A\RESO~,greements\lnterlocais\HeritageFest Reso - funding.doc
AGREEMENT BETWEEN PALM BEACH COUNTY AND
THE CITY OF BOYNTON BEACH FOR FUNDING OF HERITAGEFEST
CORONATION AND YOUTH AWARDS BANQUET
q-lo-of
THIS AGREEMENT is made and entered into on ~, 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".
WITNESSETH:
WHEREAS, Boynton Beach sponsored the annual Heritage Festival (HeritageFest)
during the month of February 2004, to develop a sense of community where children and
adults of all ethnic backgrounds work, play, and celebrate as one; and
WHEREAS, HeritageFest Events included a coronation event, story hour, academic
contests, family night, arts and science fair, youth basketball tournament, youth recognition
banquet, men's basketball tournament, carnival, Caribbean celebration, parade, dance
party, and gospel and art "explosions"; and
WHEREAS, HeritageFest attracted approximately 20,000 participants; and
WHEREAS, Boynton Beach has requested an amount of $5,000 to offset the cost
of the Coronation Event held on February 8, 2004, and the Youth Awards Banquet Event
held on February 22, 2004 at the Boynton Beach Holiday Inn Catalina; and
WHEREAS, Coronation Event costs included meals, Miss Black USA appearance
fee, airline ticket, hotel room, and tiara, and Youth Banquet costs included meals, trophies,
and awards; and
WHEREAS, County desires to provide funding to help offset costs for the
Coronation Event and the Youth Banquet; and
WHEREAS, funding for said event in an amount not to exceed $5,000 is available
from the Recreation Assistance Program - District 7; and
WHEREAS, Boynton Beach's cultural arts, recreational, and community events are
deemed to 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 $5,000 to Boynton Beach for the
Coronation Event held on February 8 2004, and the Youth Awards Banquet held on
February 22, 2004 at the HeritageFest for meals, Miss Black USA appearance fee, airline
ticket, hotel room, tiara, trophies, and awards,, as specifically set forth in Exhibit "A",
attached hereto and incorporated herein, hereinafter referred to as the "Project".
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, as specified herein, was carried out in
accordance with this Agreement; 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, Boynton Beach's Program Administrator and 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 Purchases Schedule was
paid by Boynton Beach and approved by Boynton Beach as indicated.
3. Boynton Beach incurred expenses for the Project beginning on October 1,2003.
Those costs incurred by Boynton Beach for the Project, approved and submitted
accordingly by .Boynton Beach subsequent to October 1, 2003, are eligible for
reimbursement by County pursuant to the terms and conditions hereof.
4. RAP 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 as other fund sources to receive duplicate reimbursement for the
same expenses.
5. Boynton Beach agrees, warrants, and represents that all of the employees and
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participants in the Project will be 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 by'the parties hereto.
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 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 the 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 shall complete the project and shall provide its final
reimbursement request(s) and final accounting data to County for the completed project on
or before three (3) months from the date of execution by the parties hereto. Upon written
notification to County at least ninety (90) days prior to that date Boynton Beach may
request an extension beyond this period for the purpose of completing the Project. 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
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 by County and Boynton Beach agrees to be bound
by County's determination.
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'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. It is further acknowledged that the County only contributes
funding under this Agreement and operates no control over the Project. 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, judgements, and/or causes of
action of any type arising 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.
In consideration for reimbursement of costs incurred prior to the term of this Agreement,
the foregoing indemnification shall apply not only during the term of this Agreement but also
apply for the period prior to the Agreement for which Boynton Beach is eligible to receive
reimbursement from the County.
15. Boynton Beach shall, at its sole expense, agree to maintain in full force and
effect at all times during the life of this Contract, insurance coverages and limits (including
endorsements), as described herein. The requirements contained herein, as well as
County's review of acceptance of insurance maintained by Boynton Beach are not
intended to and shall not in any manner limit or qualify the liabilities and obligations
assumed by Boynton Beach under the contract.
Commercial General Liability, Boynton Beach shall maintain Commercial General
Liability at a limit of liability not less than $500,000 Each Occurrence. Coverage
shall not contain any endorsement excluding Contractual Liability or Cross Liability
unless granted in writing by County's Risk Management Department. Boynton
Beach shall provide this coverage on a primary basis.
Worker's Compensation Insurance & Employer's Liability. Boynton Beach shall
maintain worker's Compensation & Employers Liability in accordance with Florida
Statute Chapter 440. Boynton Beach shall provide this coverage on a primary
basis.
Additional.Insured. Boynton Beach shall endorse the County as an
Additional Insured with a CG 2026 Additional Insured - Designated Person or
Organization endorsement, or its equivalent, to the Commercial General Liability.
The Additional Insured endorsement shall read "Palm Beach County Board of
County Commissioners, a Political Subdivision of the State of Florida, its Officers,
Employees and Agents." Boynton Beach shall provide the Additional Insured
endorsements coverage on a primary basis.
waiver of Subrocmtion. Boynton Beach hereby waives any and all rights of
Subrogation against the County, its officers, employees and agents for each
required policy. When required by the insurer, or should a policy condition not
permit an insured to enter into a pre-loss agreement to waive subrogation without
an endorsement, then Boynton Beach shall agree to notify the insurer and request
the policy be endorsed with a Waiver of Transfer of Rights of Recovery Against
Others, or its equivalent. This Waiver of Subrogation requirement shall not apply to
any policy, which a cOndition to the policy specifically prohibits such an
endorsement, or voids coverage should Boynton Beach enter into such an
agreement on a pre-loss basis.
Certificate(s) of Insurance. Prior to executian of this Agreement by the County,
Boynton Beach shall deliver to the County a Certificate(s) of coverage evidencing
that all types and amounts of insurance coverages required by this Contract have
been obtained and are in full force and effect. Such Certificate(s) of Insurance shall
include a minimum thirty (30) day endeavor to notify due to cancellation or non-
renewal of coverage. Certificate holder's address shall read Palm Beach County,
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c/o Parks and Recreation Department, 2700 Sixth Avenue South, Lake Worth, FL
33461, Attention: Contract/Grant Coordinator.
Right to Review. County, by and through its Risk Management Department, in
cooperation with the contracting/monitoring department, reserves the right to review,
modify, reject or accept any required policies of insurance, including limits,
coverages, or endorsements, herein from time to time throughout the term of this
Contract. County reserves the right, but not the obligation, to review and reject any
insurer providing coverage because of its poor financial condition or failure to
operate legally.
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.
20. As provided in Section 287.132-133, Florida Statutes, by entering into this
Agreement or performing any work in furtherance hereof, Boynton Beach certifies that it, its
affiliates, suppliers,' subcontractors and consultants 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 thirty six (36) months immediately preceding the date
hereof. This notice is required by Section 287.133 (3)(a), Florida Statutes.
21. This Agreement represents 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
100 North West l't Avenue
Boynton Beach, FL 33444
23. This Agreement is made solely and specifically among and for the benefit of the
parties hereto, and no other person shall have any rights, interest, or claims hereunder or
as a third-party
be entitled to any benefits under or on account of this Agreement
beneficiary or otherwise.
IN WITNESS WHEREOF, the undersigned parties have signed this
Agreement on the date first above written.
ATTEST:
DOROTHY H. WILKEN, Clerk
PALM BEACH COUNTY, FLORIDA, BY ITS
BOARD OF COUNTY COMMISSIONERS
By By:
-'D AS TO FORM AND
LEGAL SUFFICIENCY
By:
COunty Attorney
CITY OF BOYNTON BEACH, BY ITS CITY
COMMISSION
AND CONDITIONS
By:
Dennis L. Eshleman, Director
Parks and Recreation Department
APPROVe-l:) AS TO ~ _ ~
- CITY ATTORNEY