R98-060RESOLUTION NO. R98-~;tg.
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF BOYNTON BEACH,' FLORIDA, AUTHORIZING AND
DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE
AN AGREEMENT WITH WXEL PUBLIC TELEVISION/BARRY
TELECOMMUNICATIONS, INC, TO PRODUCE A VIDEOTAPE
FOR THE LEISURE SERVICES DEPARTMENT FOR
PROMOTIONAL PURPOSES; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, in 1993, the Leisure Services Department contracted with a professional
company to produce a videotape, which tape has been used successfully by the Departments'
speakers bureau to give presentations to various community organizations on the services which they
offer and the videotape has proven to be an excellent tool for showcasing the variety of leisure
opportunities available in the City; and
WHEREAS, this information is now outdated and no longer suitable for presentations;
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, Florida, upon
recommendation of staff, hereby authorizes and directs the Mayor and City Clerk to execute an
Agreement between the City of Boynton Beach and WXEL Public Television/Barry
Telecommunications, Inc., to produce a 10-15 minute videotape for the Leisure Services Department
for promotional purposes, a ~copy of said Agreement being attached hereto as Exhibit "A".
Section 2. That this Resolution shall become effective immediately upon passage.
PASSED AND ADOPTED this ~' day of April, 1998.
CITY OF BOYNTON BEACH, FLORIDA
Mayor t
~ - ViceMay~ '
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Non Joint Venture or Partnership: Nothing herein contained shall constitute a partnership between_
or a joint venture by WXEL and City, or constitute either the agent of the other. Neither WXEL
the City shal hold itself out contrary to the terms of this paragraph and neither shall become liall~
for any representation, act or om Ss on of the other, ~°ntrary t~) the proviSions hereof
That WXEL agrees :to provide the. Cty with ten (10) copies:of the final product on VHS video
cartridge.
That WXEL will provide a trained narrator, subject to approval:by the City.
That written narrative will be provided to WXEL by City staff.
That to be included in the video is a map or graphic indicating the location of Boynton Beach in
Florida.
That WXEL agrees to provide appropriate background music throughout the presentation to
enhance the final product, subject to approval by City staff.
That the video must depict these aspects:
· Recreation & Park Department scope, philosophy and diversity of activities,
participants
Participants actually involved in activities (avoid posed shots)
Scenes of facility accessibility (in accordance with ADA regulations)
facilities and
Accomplishments, cost say ngs, budget slides
That the City will provide a schedule of activities/events, including location time and date
production schedule.
That the City shall not be responsible for any property damage or personal injury sustained by
WXEL or its representatives from any cause_whatsoever, prior, during or subsequent to the period
of time during which this agreement is in effect. WXEL hereby waives, discharges and releases
the City, its agents and employees from liability for the acts or omissions of City or its agents and
employees.
That WXEL shall not sell, subcontract, assign or transfer this agreement to any individual, group,
agency, government, non-profit or profit corporation.
That WXEL shall indemnify, save and hold harmless the City, its agents and employees from any
claim, demand, suit, loss, cost of, expense or damage which may be asserted, claimed or
recovered against or from City or City's agents and employees by reason of any damage to
property or person, including death, sustained by any person whomsoever, which damage is
incidental to, occurs as a result of, or arises out of the negligent or wrongful act(s) of WXEL or its
representatives.
20. That, in the event that litigation shall be necessary for the enforcement of this agreement on behalf
of either party, then the prevailing party shall be entitled to reasonable attorney fees and costs
incurred in said litigation. Venue for said litigation shall be Palm Beach County.
21. That WXEL shall not discriminate against any person on the basis of race, color, religion, ancesL~
national origin, age, sex, marital status, sexual orientation or disability in its hiring or contracting
practices for any reason associated with this agreement.
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That this agreement alone sets forth all the covenants, promises, agreements, conditions and
understanding between the parties hereto. There are no covenants, promises, agreements,
conditions or understandings; either oral or written between the parties other than those herein set
forth. No agreement shall be binding upon the parties unless and until it is reduced to writing and
signed by both WXEL and the City.
If any term or provision of this agreement shall, to any extent, be deemed invalid or unenforceable,
the remainder of this agreement shall be valid and shall be enforced to the fullest extent of the law.
IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed on the day and
year written above.
ATTEST:
By:_
Gerald Taylor, Mayor
City of Boynton Beach
Approved as to form and
legal sufficiency:
;ity Attorney
City of Boynton Beach
By:
William Wasko
WXEL/Barry Telecommunications, Inc.
STATE OF FLORIDA
COUNTY OF PALM BEACH
BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgments,
personally appeared William Wasko, and acknowledged he/she executed the foregoing Agreement for the use
and purposes mentioned in it, and that the instrument is his/her act and deed.
IN WITNESS OF THE FOREGOING, I have set my hand and official seal at in the State and County
aforesaid on this day of 1998.
-~ ~IOTARY PUBLIC
__vly Commission Expires:
3/3l/9~ 9:52 AM
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