R05-078
II
1 RESOLUTION R05- 0'8
2
3 A RESOLUTION OF THE CITY OF BOYNTON BEACH,
4 FLORIDA, AUTHORIZING AND DIRECTING THE CITY
5 MANAGER TO EXECUTE AN AGREEMENT BETWEEN
6 PALM BEACH COUNTY AND THE CITY OF BOYNTON
7 BEACH, PROVIDING FOR FUNDING TO OFFSET COSTS
8 OF CHEERLEADING UNIFORMS; AND PROVIDING AN
9 EFFECTIVE DATE.
10
11 WHEREAS, the City of Boynton Beach in January, 2004, organized the
12 Boynton Beach Cheerleaders to provide a program that would promote self-
13 confidence, integrity and responsibility as well as teach quality motivational skills and
14 techniques; and
15 WHEREAS, the City is in need of funding to help offset costs for quality,
16 event appropriate unifonns that are required for competition and for attendance at the
17 National Cheerleading Competition held in Dallas, Texas; and
18 WHEREAS, the City has requested an amount of $2,500.00 to offset the cost
19 of the twenty-eight (28) unifonns, and the County is desirous of providing funding in
20 an amount not to exceed $2,500.00 which is available from the Recreation Assistance
21 Program, District 7.
22
NOW, THEREFORE, BE IT RESOLVED BY THE CITY
23 COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
24
Section 1.
The foregoing "WHEREAS" clauses are true and correct and
25 hereby ratified and confinned by the City Commission.
26
Section 2.
The City Commission of the City of Boynton Beach does
27 hereby authorize and direct the Mayor to execute an Agreement between Palm Beach
28 County and the City of Boynton Beach, for funding to offset the costs of twenty-eight
: CA\RESO\Agreements\lnterlocals\Cheerleading Uniform funding PSC.doc
"
1
(28) cheerleading unifonns, which Agreement is attached hereto as Exhibit "A".
2
Section 2
3
passage.
That this Resolution shall become effective immediately upon
PASSED AND ADOPTED this Ll..- day of May, 2005.
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
ATTEST:
CITY OF BOYNTON BEACH, FLORIDA
;:;;;::ner
, ~,
Commissioner
Commissioner
\CA\RESO\Agreements\lnterlocals\Cheerleading Uniform funding PSC.doc
Ros-o,e
AGREEMENT BETWEEN PALM BEACH COUNTY AND THE CITY OF BOYNTON
BEACH FOR FUNDING OF BOYNTON BEACH CHEERLEADER UNIFORMS
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".
WIT N E SSE T H:
WHEREAS, Boynton Beach organized the Boynton Beach Cheerleaders in January
of 2004 to provide a program that would promote self-confidence, integrity and
responsibility, as well as to teach quality motivational skills and techniques; and
WHEREAS, the skills taught will be used to build a competitive cheerleading squad
that will represent the City of Boynton Beach in various local and statewide competitions;
and
WHEREAS, the Boynton Beach Cheerleader Program will serve approximately
twenty eight (28) girls; and
WHEREAS, the City is need of funding to help offset costs for quality, event-
appropriate attire (uniforms) that are required for competitive cheerleading and for
attendance at the National Cheerleading Competition held in Dallas, Texas; and
WHEREAS, the total cost of the uniforms is estimated to be approximately $5,000
for twenty eight (28) uniforms; and
WHEREAS, Boynton Beach has requested an amount of $2,500 to offset the cost of
Cheerleader Uniforms; and
WHEREAS, County desires to provide funding to help offset costs for said uniforms;
and
WHEREAS, funding for the uniforms in an amount not to exceed $2,500 is available
from the Recreation Assistance Program - District 7; and
WHEREAS, recreational and athletic events for youth 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
1. County agrees to fund an amount not to exceed $2,500 to Boynton Beach to help
offset costs for cheerleader uniforms, as 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 or proof of payment 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 or
proof of payment 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, 2004.
Those costs incurred by Boynton Beach for the Project, approved and submitted
accordingly by Boynton Beach subsequent to October 1, 2004, 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
participants in the Project will be treated equally during employment, and for the provision
of services without regard to residence, race, color, religion, disability, sex, age, national
2
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 until September 30,2005, 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 the 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.
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
3
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 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, judgments, 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. 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.
In the event Boynton Beach maintains third-party commercial General Liability and
Business Auto Liability in lieu of exclusive reliance on self-insurance under Section 768.28,
Florida Statutes, Boynton Beach shall agree to maintain said insurance policies at limits not
less than $500,000 combined single limit for bodily injury or property damage.
4
Boynton Beach agrees to maintain or to be self-insured for Worker's Compensation
& Employer's Liability insurance in accordance with Florida Statute 440.
Prior to execution of this Agreement by the County, Boynton Beach shall deliver to
the County 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. Certificate holder's address shall read Palm Beach County,
c/o Parks and Recreation Department, 2700 Sixth Avenue South, Lake Worth, FL 33461,
Attention: Administrative Support Manager.
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
that 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.
5
21. This Agreement represents the entire agreement between the parties and
supersedes all other negotiations, representations, or agreements, 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 1 st 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
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.
ATTEST:
SHARON R. BOCK, Clerk &
Comptroller
By:
PALM BEACH COUNTY, FLORIDA, BY ITS
BOARD OF COUNTY COMMISSIONERS
Deputy Clerk
By
Tony Masi/otti, Chairman
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
By:
County Attorney
APPROVED AS TO FORM AND
LEGAL SUFFICI ,"
By: ìJ~./
/Kd City Attorn
APPROVED AS TO TERMS AND CONDITIONS
By:
Dennis L. Eshleman, Director
Parks and Recreation Department
6