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R02-013RESOLUTION NO. R 02 - O ! B A RESOLUTION OF THE CITY COMMISSION OF ~ CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE Ah- AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND PALM BEACH COUNTY, FLORIDA, PROVIDING FOR GRANT FUNDING TO OFF-SET THE COSTS TO HOS][ THE FLORIDA A&M (FAMU) MARCHiING 100'S PERFORMANCE AT HERITAGE FEST 2002; AUTHORIZING THE MAYOR TO EXECUTE A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND HERITAGEFEST 2002 COMMITTEE REGARDING THEIR APPEARANCE AT HERITAGE FEST 2002; AND PROVIDING ~ EFFECTIVE DATE. WHEREAS. staff,h,~s recommended approval of an Agree~ment between the City )f Boynton Beach and Palm Beach County regarding the acceptance of funding FROM )alm Beach County to help offset the costs to host the Florida A&M March 100's )erformance at HeritageFest 2002; and WHEREAS, the Agreement defines the terms and conditions for the City to )btain funding not to exceed $15,000 from the County toward the costs to host the Florida A&M March 100's performance at HeritageFest 2002; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The Mayor and City Clerk are hereby authorized to execute an Agreement between the City of Boynton Beach and Palm Beach County, ~vhich Agreement is attached hereto as Exhibit "A", as well as a Memorandum of Understanding between the City and the HeritageFest 2002 Committee, attached hereto as Exlfibit "B". Section2. That this Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this I~' dayofJanuary, 2002. CITY OF~OYNTON BEACH, FLORIDA ~sS~ne~~- ~ Commissioner RESOLUTION EXHIBIT "A"- Page 1 of 4 AGREEMENT BETWEEN PALM BEACH COUNTY AND THE CITY OF BOYNTON BEACH FORFUNDING OF THE BOYNTON BEACH HERITAGEFEST 2002 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 Corporauon, hereinafter referred to as "Boynton Beach". WlTNESSETH: WHEREAS, Boynton Beach, in conjunction with the Heritage Fest 2002 Committee. plans to present HeritageFest 2002 on February 23 and February 24.2002, to provide a celebration of African Culture and develop a cohesive bond between all ethnicities to form a united community; and WHEREAS. the 2002 HeritageFest will commence with the "Battle of the Bands" featuring the world-renowned Florida A & M University band (the Florida A & M Marching 100); and WHEREAS, total expenses for the Florida A & M Marching 100 portion of the HeritageFest 2002 are anticipated to total $45,000; and WHEREAS, Boynton Beach has requested from County an amount not to exceed $15,000 for charter buses trucks to transport instruments and production, and hotel rooms: and WHEREAS, County desires to provide funding to assist Boynton Beach in providing costs for the Florida A & M Marching 100's performance in HeritageFest 2002 in an amount not to exceed $15.000; and WHEREAS, funding for said program in an amount not to exceed $15 000 ~s available from District 7 Recreation Assistance Program reserves; and WHEREAS, Boynton Beach's special 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: 1 County agrees to fund an amount not to exceed $15 000 to Boyn[on Beach for the HedtageFest 2002 to help offset costs fo ~ the Florida A & M Marching 100 To include RESOLUTION EXHIBIT "A" - Page 2 of 4 charter buses, trucks to transport instruments and production, and hotel rooms, hereinafter referred to as the "Event". 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 Event has been completed; 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 o{ the respective check 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 and shall make reference thereof to the applicable item listed on the Contractual Services Purchases Schedule. Further. Boynton Beach's project Financial Officer shall certify the total funds spent by Boynton Beach on the Event and shall also certify that each vendor invoice as listed on the Contractual Services Purchase Schedule was paid by Boynton Beach and approved by Boynton Beach as indicated. c. Planning and expenses for the Event were initiated by Boynton Beach on November 15, 2001. Those costs incurred by Boynton Beach for the Event and approved and submitted accordingly by Boynton Beach subsequent to November 15, 2001 ara eligible for reimbursement by County pursuant to the terms and conditions hereof. d. Recreation Assistance Program 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 or other funders to receive duplicate reimbursement for the same expenses. 3. Boynton Beach agrees that it abided by, and was 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 2 RESOLUTION EXHIBIT mA" - Page 3 of 4 or licenses which are 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 Programs. 4. Boynton Beach warrants and represents that all of its employees and participants in the Programs, as delineated in Exhibit "A" attached hereto and made a part hereof, were treated equallywithout regard to.residency, race, color, religion, sex, age, disability, marital status, sexual orientation, national origin, or ancestry. 5. Boynton Beach shall provide accounting data to County for same on or before six months from the execution of this Agreement by both parties hereto. 6. The term of this Agreement shall be until six months from the execution of this- Agreement by both parties hereto. 7. Prior to execution of this Agreement by the County, Boynton Beach shall provide either a certificate evidencing insurance coverages as required herein or a statement of self insurance from Boynton Beach's Risk Manager. Boynton Beach shall, during the term of this Agreement and any extension hereof, maintain in full force and effect self insured or commercial general liability insurance, including contractual liability and completed operations liability, in the amounts specified in Section 768.28, Florida Statutes, to specifically cover all exposures associated with the Program and terms and conditions of this Agreement. Where permissible with respect to the above coverages, such policy shall include Palm Beach County as additional insured and shall contain a clause providing the County with at least thirty (30) days prior notice in the event of cancellation, non-renewal, or material adverse change in coverage. Compliance with the foregoing requirements shal not relieve Boynton Beach of its liability and obligations under this Agreement. Boynton Beach agrees to indemnify, defend, and hold harmless the County for any liability arising out of any negligent act or omission of Boynton Beach to the extent the insurance described in this paragraph fails to cover the County. Nothing in this paragraph shall constitute a waiver of either party's sovereign immunity beyond the limits set forth in Section 768.28, Florida Statutes. 8. The parties 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 3 RESOLUTION EXHIBIT WA" - Page 4 of 4 forth herein. 9. This Agreement shall be governed by the laws of the State of Flodda and any and all legal action necessary to enforce this Agreement shall be held in Palm Beach County. 10. 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 addressea 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: Recreation Director P.O. Box 310 Boynton Beach, FI 33425-0310 IN WITNESS WHEREOF, the undersigned parties have signed this Agreement on the date first above written. ATTEST: DOROTHY H. WILKEN, Clerk By: Deputy Clerk ~\\\\%?'~tllllllllll/i/,~ L~O~u~d~ IE N CY By: County Attorney PALM BEACH COUNTY, FLORIDA, BY ITS BOARD OF COUNTY COMMISSIONERS By: Warren H. Newell, Chairman APPROVED AS TO FORM AND LEGAL SUFFICIENCY City AttorneyG~'''' APPROVED AS TO TERMS AND CONDITIONS By: Dennis L. Eshleman, Director Parks and Recreation Department .A...G?EEMENT EXHIBIT "A" - Page 1 City of Boynton Beech bepm'tment of Leisure Services of 2 P.O. Box Boynta. ~each. h'L=334gS-O310 Phene (§6!) ?dZ-6Z 44 Stor~ Date.; ASAP StoP bate: February 24, 2002 HeritageFest 2002 The Cil7 of 8oynton Beach proudh/presents HeritageFest 2002. The public is cordially invited to delightful weekend th~ highlights African Heritage and Cultural Pride. The festivities will commence with the "Be!tie of the Bonds", fe, aturing the WoHd-eenammed Fk~da A A M Universh'ys 'Ntarehi~ 100' m~d Carnival on Fridcq/, February 22 at 4:00 p.m. ALL events will be Ioccrred at the Ezell Ides!se Community Center, lgO1 N. Seaceent Blvd. Saturday. February 23, will kickoff ~ a Parade e Il a.~ Festival in the Pork immediately fotlo~ The Celebrat/m~ wi~t conclude oB. February 24, with a full day of gospel- oa~ ~b~z entertdnme~t. Mark your c~lendors and bring your lawn chairs, to al'rend this family- oriented cultural experience you're sure to enjoy and appreciate. Th~ HerhMgeFes~ is sponsored by: Bribes'da Healthcare Systems, Office Depe~, Crty of Bayntor~Becr.~, bisteiel~7 Commission Addie Air ~Tcu~mc~ Weekend highlights include: -'~ Rorklo Aa M Uni~em~'s ~ Afr~ ~s end e Food V~ · :- And Much, Much Morel The HerJtageFes~ 2002 ~of~events, are a culmination that endeavors to pm/homage, recognize achievements a~d' ce~rate th~ accomplishments of AfHC~n.-Americ~n inventors, innovators and entertainers. For more information regerdJng HeritageFest events, please contact: 5tephanie Minge-McKoy, Chairwoman, at (561) 313-4645 or Melissa Vlaun, at (561) 742-6244. REPORTERS AND PHOTO&RAPHER$ WELCOME! Herita eFe~ 2002 AGREEMENT EXHIBIT "A" - Page 2 of 2 HeritageFest 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, FL 33425-0310 (561) 742-6244 / Fax: (561) 742-6238 Emaih chillout~bellsouth.net October 15, 2001 Board of County Commissioners Attu: ~ ...... 301 N. Olive Avenue 12th West Palm Beach, EL 33401 Organization: Mailing Address: Physical Address: GENERAL INFOI~4ATION HERITAGEFEST 2002 ,The City of P.O. BOX 310 BoynEon Beach, FL 100 East Boyn£on Beach Blvd. Boynnon Beach 33425-0310 PURPOSE & AMOUNT OF THE GRANT REQUEST TO defray the cosn of the connracting the Florida A & M University's "Marchinc 100" the City of Boynson Beach--HeritageFest 2002 is requesting $45,000. The band will perform Two days therefore the University has requested a $20,000 honorarium (scholarship fund). The band direcnor has requested eight (81 chartered buses ($17,500) Eo Eransport his 350 member band, (4) Trucks Eo Eransport themr instruments & production ($2,500), 130 rooms @$75 per room for Ewo days ($19,500), and S21 per diem per person for ~wo days ($14,700). ~ =~7 Because Keritag~Eest is a City of ~oyn~on ~eacn special event, th~ City 'therefor~ che-cks should be made payable ~o: City of We look forward to finalizing this vensure by November 30, 2001. thank you in advance for your consideratmon on this requesL. Should the need maserialize please feel free 5© conEac~ me a5 your leisure: ~56t) 742-6550 ex~.3550 or chiliout@bellsouth.neu '-/ ~{ephanie hi~gc~McKoy} Ch~oman PAlM BEACH COUNTY PARKS AND RECREATION DEPARTMENT CONTRACT PAYMENT REQUEST AGREEMEI~T EXHIBIT B Page 1 of 2 Grantee Bil~ing # (Date) Project Billing Period Item Contractual Service Salary and Wages ( % of Salaries) Materials, Supplies, Direct Purchases Grantee Stock Equipment Travel Donated Real Property I ndi rect Costs TOTAL PROJECT COSTS Certification: hereby certify that the above expenses were incurred for the work identified as being accomplished in the attached progress reports. Project Costs This Billing Cumulative Project Costs Certification: I hereby certify that the documen- tation has been maintained as required to support the project expenses reported above and is avail- able for audit upon request. Administrator/Date Financial Officer/Date PBC USE ONLY County Funding Participation Total project costs to date County obligation to date County retainage ( %) County funds previously disbursed County funds due this billing Reviewed and Approved by: ( PBC Project Administrator/Date Department Director/Date 1 OF2 OZ~ ~'Z u_=z MEMORANDUM OF UNDERSTANDING HeritageFest 2002 Committee "Florida A & M (FAMU) Marching 100's" This Memorandum of Understanding made and entered into this day of by and between Heritage Fest 2002 Committee, hereinafter referred to as "Committee" and the City of Boynton Beach, Florida, a Municipal Corporation, hereinafter referred to as "City" whose address is 100 East Boynton Beach Blvd., Boynton Beach, Florida 33435. WHEREAS, the City is entering into an 'agreement with Palm Beach County for Funding of the HeritageFest 2002 to offset the cost of hosting the FAMU Marching 100's. NOW THEREFORE, the parties agree to implement this Memorandum of Understand'rog as follows: 1. HeritageFest 2002 is a special event hosted by the City of Boynton Beach in conjunction with the HeritageFest Committee. As such, the City provides funding and acts as the Fiscal Agent for the event. 2. The Committee is responsible for the organization and implementation of all activities related to this event. These activities will include the "Battle of the Bands" on Friday, February 22, 2002. 3. The City shall enter into an agreement with Palm Beach County to receive reimbursement for up to $15,000 for expenses related to hosting the FAMU Marching 100's. 4. The Committee will ensure that the revenue generated by the "Battle of the Bands" and other HeritageFeat 2002 activities, will be used to offset expenses not covered by funds available for HeritageFest 2002. 5. The Committee agrees to abide by all applicable instructions listed in the agreement between Palm Beach County and the City, and all City, State and Fedeml laws. IN WITNESS THEREOF, the parties hereto have caused this agreement to be ,executed on the day and year written above. IN WITNESS THEREOF, the parties hereto have caused this agreement to be executed on the day and year written above. CITY OF BOYNTON BEACH ~erald Br~en/ng, Mayor HSfirit[geFest 2002 Chai~pe~sq~ Date Date Ca/agreements/MO U-HeritageFest 2002 EXHIBIT "A" - Page 1 of 2 City of Boynton Beach Department of Leisure Services Date: ASAP Heri~ageFest 2002 The CJ'h/ of Boynton Beach proudly p~esents HeritageFest 2002. The public is cordially invited to a delightful weekend that highlights African Heritage and Cultural Pride. The festivities will commence with he Battle of the Bends", featuring the Werfd-eer~ k-loek~-~ & Carnival on FridaY, February 22 at 4:00 p.m. ALL events will be located at the Ezell Hestee Community Center, :1~01 N. Seacrest Blvd. 5~P~; ~ ?_.~, wii[kickoff ~l~aradeel~[~ FestiVal i. the Park immediately follo.-in~ ~icet mil{ coadude gespe} and jazz ent~;ainmel~t. Mark your c~lendars and bring your lawn chairs, to attend this family- oriented cultural experience you're sure to enjo~ and appreciate. Bethesd~ Healthcare Systems. Office I~; ~ o~-B~te~.titeaci~ Ai~ ~Tamai¢~ Weekend highlights include: & Live{ e~ Africa~A~ts and Citify, Ca, nAif Ride~l%ce Peie~f~g o:- And Much, Much More! of AfrfCan-America~ inventors, i,novators a~d entertainers. For more information regarding HeritageFest events, please contact: 5tephanie Mingo-McKoy, Chairwoman, at (56i) 3~3-4645 or Meliss~ Vlaun, at (5611 742-6244, REPORTERS AND PHOTOGRAPHERS WELCOME! Herit~geFest 2002 AGREF/~ENT EXHIBIT "A" - Page 2 of 2 HeritageFest 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, FL 33425-0310 (561) 742-6244 / Fax: (561) 742-6238 Email: chillout~beilsouth, net Board of County Conunissioners Att~: C ....... ~si~ne~Gz~en~ 301 N~ Olive Avenue I2th Flom~ West Palm Beach, FL 33401 October 15, 2001 Organization: Mailing Address: Physical Address: GENERA~ INFOP/4ATION HERITAGEFEST 2002 (The City of Boynson Beach) P.O. BOX 310 Boynton Beach, FL 33425-0310 100 East Boynson Beach Blvd. ~SE & AMOUNT OF TH~ GRANT REQUEST To defray the cos5 of the contracting the Florida A & M University's "Marching 100" the City of Boynton Beach--HerisageFest 2002 is requesting $45,000. The band will perform 5we days therefore the University has requested a $20,000 honorarium (scholarship fund). The band direcsor has requested eight (8~ chartered buses ($17,500) 5o 5ransporE his 350 member band, (4) Trucks to transpor5 their instruments & production ($2,500), 130 rooms @$75 per room for two days ($19,500), and S21 per diem per person for two days ($14,700). ecause her~E~e~E~su, isa ~iuy o~ Boynton ~eacn-special event, the~ Cit~ is 0u~.~ i therefcr~checks should be made payable to: Cit~ of ~~e5~-Eerita~eFest. We look forward to finalizing this venture by November 30, 2001. Thank you ~n advance for your consideration on this request. Should the need materialize please feel free Eo contact me a~ your leisure: (561) 742-6550 ext.3550 or chillout@bellsouth.net 7 ~ephan~e Mi~g~McKoy, oman