R08-052
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RESOLUTION R08- OS2.
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 TO OFFSET COSTS
OF THE 2008 HERITAGE FESTIVAL; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City of Boynton Beach sponsored the annual Heritage Festival
during the month of February 2008, to provide a cultural celebration to motivate,
empower and inform the public of the ties that bind the Boynton Beach community
together through education and enjoyment of the arts; and
WHEREAS, the City has requested an amount not to exceed $7,000.00 to
offset the costs for contractual services and miscellaneous expenses for the 2008
Heritage Festival and the County is desirous of providing funding in an amount not to
exceed $7,000.00 to assist the City in this event.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1.
The foregoing "WHEREAS" clauses are true and correct and
hereby ratified and confirmed by the City Commission.
Section 2.
The City Commission of the City of Boynton Beach does hereby
authorize and direct the Mayor to execute an Agreement between Palm Beach County
and the City of Boynton Beach, for funding to offset the costs of the 2008 Heritage
Festival, a copy of said Agreement is attached hereto as Exhibit "A".
Section 3.
That this Resolution shall become effective immediately upon
passage.
:\CA\RESOlAgreements\lnterlocals\Heritage Festival 2008 funding.doc
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II
PASSED AND ADOPTED this _ day of April, 2008.
CITY OF BOYNTON BEACH, FLORIDA
~A!~ ~~
~yor ~/F Ta r .
t'-""""""'-''''"'
Vice Mayor - Jos,e ~gueYJ,
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com, ~ssiyner - Ronal:;eil~
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ComgIissioner - Woodrow L; ay
h~; ~.~~~_, ~J~~'
Commissioner - Mar ene Ross
ATTEST:
.p~
Ja et M. Prainito, CMC
ity Clerk
:\CA\RESOlAgreements\lnterlocals\Heritage Festival 2008 funding.doc
The 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@cLboynton-beach.fl.us
www.boynton-beach.org
MEMORANDUM
TO: Wally Majors
Recreation Director
FROM: Janet M. Prainito
City Clerk
DATE: April 22, 2008
SUBJECT: R08-0S2 Agreement between Palm Beach county and the City of
Boynton Beach for Funding of the 2008 Boynton Beach Heritage
Celebration
Attached for your handling are two partially executed original agreements mentioned
above and a copy of the Resolution. Once the documents have been fully executed,
please return one original document to the City Clerk's Office for Central File.
Thank you.
~tYn'~
Attachments (2)
C: Central File & Followup
S:\CC\WP\AFTER COMMISSION\Departmental Transmittals\2008\Wally Majors R08.0S2.doc
America's Gateway to the Gulfstream
R2008f.:l111
AGREEMENT BETWEEN PALM BEACH COUNTY AND
THE CITY OF BOYNTON BEACH FOR FUNDING OF THE 2008 BOYNTON BEACH
HERITAGE CELEBRATIOr
. JUN 7 2008
THIS AGREEMENT is made and entered into on , by and between Palm Beach
Roe-oS'~
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 sponsored the annual Boynton Beach Heritage Festival
during the month of February, 2008 (the Event), which attraded approximately six thousand
(6,000) participants; and
WHEREAS, the purpose of the Event was to promote cultural diversity in the City of
Boynton Beach while celebrating each culture's splendor through sports, music, dance, and
other art forms; and
WHEREAS, the Event was anticipated to motivate, empower, and inform the public of the
ties that bind the community together through enjoyment of safe activities and entertainment;
and
WHEREAS, activities for the Event were held at the Ezell Hester Community Center, the
Boynton Beach Women's Club, the School House Children's Museum, the City Library, and on
Down Town Ocean Avenue; and
WHEREAS, the Event cost approximately $38,750 for contractual services and other
miscellaneous expenses related to the Event; and
WHEREAS, Boynton Beach has requested from County an amount not to exceed $7,000
to help offset costs for Event expenses; and
WHEREAS, County desires to provide funding to help offset costs for the Event; and
WHEREAS, funding for the Event in an amount not to exceed $7,000 is available from
the Recreation Assistance Program (RAP) - Distrid 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:
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1. County agrees to fund an amount not to exceed $7,000 to Boynton Beach for the 2008
Boynton Beach Heritage Celebration for contractual services and other miscellaneous
expenses, as set forth in Exhibit "A", attached hereto and incorporated herein, hereinafter
referred to as the "Projecr.
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 liB", which are required for each and
every reimbursement requested by Boynton Beach. Said information shaff list each invoice paid
by Boynton Beach and shaff 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 shaff make
reference thereof to the applicable item listed on the Contractual Services Purchases Schedule.
Further, Boynton Beach's Program Administrator and Project Financial Officer shaff certify the
total funds spent by Boynton Beach on the Project and shaff 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 December 20, 2007.
Those costs incurred by Boynton Beach for the Project, approved and submitted accordingly by
Boynton Beach subsequent to December 20, 2007, 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 aff 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.
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6. Boynton Beach shall be responsible for the operation and maintenance of the Project
including all associated costs.
7. The term of this Agreement shall be September 30, 2008, 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 by June 30, 2008, and invoices and
checks submitted for reimbursement must be dated within the project time frame of December
20, 2007, through June 30, 2008. Boynton Beach shall provide its final reimbursement
request(s), including a project completion statement and reimbursement documentation as
indicated in Section 2 above on or before September 30, 2008. 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 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
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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 "AD.
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 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 shaff deliver to the
County an affidavit or Certificate of Insurance evidencing insurance, self-insurance, and/or
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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 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 shalf be in writing and hand
delivered or sent by U.S. mail. All notices shall be addressed to the following:
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As to the County:
J
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 N. W. 1st 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 shaff 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 firs1--~~rtten. R 2 0 0 8 11 1 t JUN 1 7 2008
-$ ~1 Y C 11111
ATTEST: /O~"""""""~1/'\" PALM BEACH COUNTY, FLORIDA, BY ITS
SHARON R. BOCK, tl~rl<: ~ B€-'1c,y "~\BOARD OF COUNTY COMMISSIONERS
Comp fler: " i TY 1(/)~ a
\O~ ./~py _drl ~ -I Y? rI ~
1111111t:.0'.........~.......~~ Commissioner Addie L. Greene, Chairperson
"111\\~, * ".........0:-$ CITY OF BOYNTON BEACH
, ",,,,,,, BY:_~~
'fYOr I . 0
APPROVED AS TO TERMS AND CONDITIONS
By: ~~~~ Z~~--
Dennis L. Eshleman, Director
Parks and Recreation Department
CITY ATTORNEY
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