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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tool for showcasing the variety of leisure opportunities available in the City; and WHEREAS, this information is now outdated and no longer suitable for presentations; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1.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~ ' 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 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. 2 22. 23. 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 \\CH~MNN~HRDATA\RC\WP~RECDI'C,.aGreemenls Misc\WXEL ~Ideo P.~'e~nent. Doc 3