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R06-052 " 1 RESOLUTION R06-t1.5:..2- 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 COMPETITION EXPENSES FOR P ARTICIP ANTS IN 9 THE RECREATION AND PARKS ALL-STAR 10 CHEERLEADING PROGRAM; AND PROVIDING AN 11 EFFECTIVE DATE. 12 13 WHEREAS, the City of Boynton Beach in January, 2004, organized the 14 Boynton Beach Cheerleaders to provide a program that would promote self- 15 confidence, integrity and responsibility as well as teach quality motivational skills and 16 techniques; and 17 WHEREAS, the participants represent the City of Boynton Beach in various 18 local, regional, state and possible nationwide competitions; and 19 WHEREAS, the City has requested an amount of $2,500.00 to offset the cost 20 for the competitive cheerleader program, and the County is desirous of providing 21 funding in an amount not to exceed $2,500.00 which is available from the Recreation 22 Assistance Program, District 7. 23 NOW, THEREFORE, BE IT RESOLVED BY THE CITY 24 COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 25 Section 1. The foregoing "WHEREAS" clauses are true and correct and 26 hereby ratified and confirmed by the City Commission. 27 Section 2. The City Commission of the City of Boynton Beach does 28 hereby authorize and direct the Mayor to execute an Agreement between Palm Beach 29 County and the City of Boynton Beach, for funding to offset the costs for the :\CA\RESO\Agreements\lnterlocals\Competitive Cheerleading funding PBC.doc 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 competitive cheerleader programs, which Agreement is attached hereto as Exhibit 2 "A" . 3 Section 2 That this Resolution shall become effective immediately upon 4 passage. PASSED AND ADOPTED this.$f-dayofFebruary, 2006. CITY OF BOYNTON BEACH, FLORIDA ..-;,--t o "nnSSIO~er :fe" ~(-- ~ Commissioner . . ' -- .~ / >~'-~l 1 (Corporate Seal) . ., :\CA\RESO\Agreements\lnterlocals\Competitive Cheerleading fundin~ PBC.doc -----...." '\ -----.,. R2006 '0790 Rob-05~ AGREEMENT BETWEEN PALM BEACH COUNTY AND THE CITY OF BOYNTON BEACH FOR FUNDING OF THE BOYNTON BEACH COMPETITIVE CHEERLEADING PROGRAM MAY 0 2 2ft06 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's Recreation Department organizes a competitive cheerleading program that helps to promote self-confidence, integrity, and responsibility in participants; and WHEREAS, over forty (40) youth from ages four (4) through fifteen (15) participate in the Boynton Beach competitive cheerleading program annually; and WHEREAS, the Boynton Beach competitive cheerleaders represent the City of Boynton Beach in various local and statewide competitions; and WHEREAS, the 2005-2006 budget for the competitive cheerleading program is approximately $27,850 for competition costs, transportation, lodging, food,' uniform cleaning, cd player, cd's, and makeup; and WHEREAS, Boynton Beach has requested from County an amount not to exceed $2,500 to help offset costs for the competitive cheerleader program; and WHEREAS, County desires to provide funding to help offset costs for the competitive cheerleader program; and WHEREAS, funding for said program hi an amount not to exceed $2,500 is available from the Recreation Assistance Program (RAP) - District 7; and WHEREAS, Boynton Beach's recreational programs 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 $2,500 to Boynton Beach for the competitive cheerleading program for competition costs, transportation, lodging, food, uniform cleaning, cd player, cd's, and makeup, 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 March 7, 2005. Those costs incurred by Boynton Beach for the Project, approved and submitted accordingly by Boynton Beach subsequent to March 7, 2005, 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 residency, race, color, religion, disability, sex, age, national origin, ancestry, marital status, or sexual orientation. 2 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 April 22, 2006, 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 April 22, 2006. 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. To the extent permitted by law and without waiving the right to sovereign immunity as provided by Section 768.28, Florida Statutes, 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 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 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 4 less than $500,000 combined single limit for bodily injury or property damage. Boynton Beach agrees to maintain or to be self-insured for Worker's Compensation & Employer's Liability insurance in accordance with Florida Statutes 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 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 5 hereof. This notice is required by Section 287.133 (3) (a), Florida Statutes. 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 P.O. Box 310 Boynton Beach, FL 33425 23. This Agreement is made solely and specifically among and for the benefit of the IN WITNESS WHEREOF, the undersigned parties have signed this R2006 0790 MAY 0 2 2006 PALM BEACH COUNTY, FLORIDA, BY ITS BOARD OF COUNTY COMMISSIONERS CITY OF BOYNTON BEACH By: PPROVED AS TO FORM AND LEGAL SUFFICIENCY BY:~.~~ County Attorn APPROVED S TO TERMS AND CONDITIONS: By: a2~ ~;" Dennis L. Eshleman, Director Parks and Recreation Department , 6 Lf.~l!~\ i (t,1 ,".t\"" I!' / <I \_. i "~.~.~P;,~../ PALM BEACH COUNTY PARKS AND RECREATION DEPARTMENT EXHIBIT B CONTRACT PAYMENT REQUEST Date Grantee Project Name: Submission #: Reimbursement Period: Item ~ Project Costs This Submission Cumulative Project Costs Contractual Services (C) Salary & Wages (% of salaries) (S) Materials, Supplies, Direct Purchases (M) Equipment (E) Travel (T) Indirect Costs (I) TOTAL PROJECT COSTS Kev Leqend j"c";;'Contractuaf's'e'rvl'ces"" ........................................................ : S = Salary & Wages : M = Materials, Supplies, Direct Purchases : E = Equipment : T = Travel I = Indirect 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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(8' ~~!~ --lm:ii:cno II II II II II II --lm;s:(j')() ~~~.~~~ CD~1:l~-<Ql , S4 ~!iI S10 S4 : ~ ~~~~I: en -6~CDa>j t on ~. ~i - on CD' o :J: ::;- a.; ::> S4 -u ~ () ::T W on m on ("') o Z -I"tJ ~~ -I~ ~> ,z~ enO, m;;o3: ;;omOJ <("')m 0;;0):1- mm("') en~J: "tJo("') izo ("')OC J:mZ ~~~ m;;o en-l ("')3: J:m mZ 0-1 C , m - o o :::J .... c: m x J: OJ -=i OJ Recreation Assistance Program (RAP) Exhibit "A" to Agreement BACKGROUND INFORMATION Name and address of Municipality: Name of Municipality: City of Boynton Beach Mailing Address: 100 East Boynton Beach Blvd. - P.O. Box 310 Boynton Beach, FL 33425 ( Name of Mayor: Mr. Jerry Taylor Name of City Manager: Mr. Kurt Bressner Project/Project Liaison Information: Boynton Beach Allstar Cheerleaders Name: Mary L. DeGraffenreidt Telephone #: (561) 742-6553 Fax #: '(561) 364-4079 e-mail: Degraffenreidtm@ci.boynton-beach.fl.us PROJECT/PROGRAM INFORMATION 1. Name of Project/Program: Boynton Beach Cheerleaders 2. Project/ Program Description · General (Project Scope): The Recreation & Parks Department organizes this competitive cheerleading program. The program helps to promote self- confidence, integrity and responsibility. Youth between the ages of 4-15 are eligible to participate. Participants will represent the City of Boynton Beach in various local, statewide and possibly nationwide competitions. · Public Purpose: The purpose of the Boynton Beach Allstar Cheerleaders is to expose youth to competitive cheer leading and the opportunity of obtaining a scholarship for college. . Location: Ezell Hester Jr. Community Center 1901 North Seacrest Blvd. Boynton Beach, FL 33435 · Anticipated Number of Participants/Users: There are 23 Junior Cheerleaders/Ages: 10-15 There are 21 Pee Wee Cheerleaders/Ages: 4-9 EXHIBIT A Page 1 of 2 3. Project/Program Elements: List anticipated broad categories of Expenditure Items such as capital outlay, contractual services, personnel costs, operational expenses, equipment, and "Other Miscellaneous Project/Program expenses". Do not include expenditure line item budqet/ amou nts. Competition Cost (2) Teams - (7) Competitions Transportation------------------------------------- Lodging-------------------------------------------- Food--------------------------------------------___ Uniform Cleaning----------------------------------- . CD Player----------------------------.,...------------- . , ! CD s----------------------------------------------- : Makeup----------------~-~-------------------------- I 4. Estimated Lump Sum Total for Project/Program $ 27,851.85 5. Project/Program Initiation date (date of first invoice for which reimbursement will 'be requested) and End date (date which project/program will be completed and all invoices paid). This will become the project t!me frame. 03/07/05 ' to 04/22/06 . .' month/day/year month/day/year Note: Invoices and copies of proof of payment documents are required for Project/Program reimbursement. All invoices and checks must be dated within the stated. proje'ct/program time frame AND Categories for Project/Program Elements must be listed in Section 3 above in. order to be eligible for RAP reimbursement. 6. Required Attachments: Certificate of Insurance x Amount of Recreation Assistance Program Funding awarded $ 2.500 District 7 (filled in by County) Form available online by request. Contact Susan Yinger at svinoer@pbcoov.com EXHIBIT A Page 2 of 2 Page 1 of 1 If O{,- os~ Moats, Valorie From: Kelly, Cynthia Sent: Wednesday, May 03, 2006 11:17 AM To: Moats, Valorie Subject: Boynton Beach All Star Cheerleading Mary asked me to inform you. We should be getting the agreement soon from the county. Spoke with Susan Yinger, Palm Beach County on Monday, May 1,2006, she said that the agreement went on the county's agenda for Tuesday, May 2,2006, for approval and signature. Cynthia Kelly, Administrative Associate Parks offer the perfect venue for community and regional events - tournaments, concerts, exhibitions, food festivals - that draw visitors and new dollars into our backyard. A vibrant, growing community. It starts in parks. 5/3/2006