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R02-019RESOLUTION NO. R 02 - O Iq A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHOP, JZING AND DIRECTING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN TH~ CITY OF BOYNTON BEACH AND PALM BEACH COUNTY, FLORIDA, PROVIDING FOR FUNDING OF THE CHENANLAH PRAISE DANCERS' TRIP TO WASHINGTON, D.C.; AND PROVIDING AN EFFECTIVE DATE. WItEREAS, Boymon Beach sponsored the Chenaniah Praise Dancers trip to Washington. D.C., to represem Boynton Beach at the African American Gospel 22 through June 24, 2001; and WHEREAS, this Agreement defines the terms and conditions for the City to re~mbursemem funding from Palm Beach County in an amount not to exceed 500 from the County toward the costs associated with this trip; 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 Boymon Beach and Palm Beach County, which Agreement is attached hereto as Exhibit "A". Section 2. That this Resolution shall become effective immediately upon PASSED AND ADOPTED this ~' dayofFebmary, 2002. ATTEST: CITY OF BOYNTON BEACH, FLORIDA ~~C c ~is s:. o~ier ~--~~ Commissioner o~ AGREEMENT BETWEEN PALM BEACH COUNTY AND THE CITY OF BOYNTON BEACH FOR FUNDING OF THE CHENANIAH PRAISE DANCERS' TRIP TO WASHINGTON, D,C. THIS AGREEMENT is made and entered into on ,~.-5'--~2, by and between Palm Beach County, apolitical subdivision of the State of Florida. hereinafter referred to as "County". and the City of Bc~ynton Beach a Florida Municipal Corporation, hereinafter referred to as "Boynton Beach". WITNESSETH: WHEREAS, Boynton Beach sponsored the Chenaniah Praise Dancers trip to Washington D.C. to represent Boynton Beach at the African American Gospel Showcase from June 22 through June 24, 2001; WHEREAS, in addition to the live performance at the Afdcan Amencan Gospel Showcase the program was aired Internationally; and WHEREAS. Boynton Beach has requested from County an amount not to exceed $2.500 for travel expenses to include the concert entry fee, hotel accommodations, airline fares, and other miscellaneous expenses associated with the Chenaniah Praise Dancers trip to Washington, D.C. to participate in the African American Gospel Showcase; an(; WHEREAS, County desires to provide funding to the City of Boynton Beach for the Chenaniah Praise Dancers trip to Washington, D.C. in an amount not to exceed $2,500; an(: WHEREAS, funding for said trip expenses in an amount not to exceed $2,500 is available from District 7 Recreation Assistance Program reserves; and WHEREAS, Boynton Beach's sponsorship of groups participating in cultural programs is 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 to assist in the cost of the Chenaniah Praise Dancers' trip to Washington, D.C. to ~articipate in the African American Gospel Showcase which took place from June 22 through June 24, 2001 to include the concert entry fee, hotel accommodations, airline fares, and other miscella~.eous expenses associated with the Chenaniah Praise Dancers's travel expenses for the trip to Washing[on, D.C. to participate in the African American Gospel Showcase. as described more fully in Exhibit "A", hereinafter referred to as the "Program". 2. Coun~__~.i~..N~se_ 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 Program has been con' aleted; an(~ 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 the 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 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 Program 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 Program were initiated by Boynton Beach on June 1. 2001. Those costs incurred by Boynton Beach for the Program and approved and submitted accordingly by Boynton Beach subsequent to the date of said Program initiation are 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 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 Program. 4. Boynton Beach warrants and represents that all of its employees and participants in the Chenaniah Praise Dancers' trip to WashingTon. D.C. to participate in [he Afdcen American Gospel Showcase, as delineated in Exhibit '%" attached hereto and made a part hereof~ were treated equally without 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 April 30, 2002. 6. The term of this Agreement shall be until April 30, 2002. 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 shall 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 ads~ng 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 t~) enforce this Agreement including, but not limited to, actions arising from the breach of any provision set forth herein. 9. 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. 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 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 3 IN WITNESS,._.__ · WHEREOF,. the undersigned parties have signed this Agreement on the date first above written ATTEST: DOROTHY H. WILKEN, Clerk By: ..,~ ¢~l[~,uty Clerk LE~t~FFICIENCY By: Coun~ Attorney PALM BEACH COUNTY, FLORIDA, BY ITS BOARD OF COUNTY COMMISSIONERS By: By: Warren H. Newell Chairman //V~a~or '7' !''~ ~ APPROVE ,D,~AS/~ORM AND Ci~ AEorney v APPROVED AS TO TERMS AND CONDITIONS By:, Dennis L. Eshleman, Director Parks and Recreation Department The City of B - Beach OFF~CE OF TttE CITY MANAGER 100 E. Boynron Beach Boulevard P.O. Box 310 Boynton Beach. Florida 33425-0310 City Managers Office: (56I) 742-6010 F~Y: (561~ 742-6011 e-mail: aity.manager~ci.boynton-beach.Jl.v-s www. cLboynwn-beach.fl.us August 8, 2001 Ms. Gladys Whigham Palm Beach County Board of Commissioners Governmental Center 301 N. Olive Avenue West Palm Beach, FL 33401 RE: Chenaniah Praise Dancers Dear Gladys: Pursuant to your request, attached is a copy of the letter sent to Mayor Gerald Broening requesting funding for the Chenaniah Praise Dancers to perform in the Nations Capitol. Also attached is a copy of Commissioner Greene's good faith effort that she will contribute up__Lq $2500 from the District VII Recreation Assistance Fund 2001-2002 budget. The City of Boynton Beach agreed to fund r_his function and Commissioner Gi-eene agreed to reimburse the City. The City of Boynton Beach cannot provide a Certificate of Liability since this function did not take place on City Property and the dancers were not City ~ employees. [(.~..~ ~ ~ c~d ~_-~-4e~' ri' eon S, cP~'r~--{-,6~ - Ccr-~ ~',cq is cc o ch ea. Please advise if any additional information in needed. Sincerely, CITY OF BOYNTON BEACH AW~/~.~da nJ~ cHia~annager Attachment C: Kurt Bressner, City Manager AGREEMENT EXHIBIT Page 1 of 3 America's Gateway to the Gulfstream Memo To: From: Susan Yinger, Grant Coordinator/Contract Manager Gladys Whigham and Michelle Andrewin Commissioner Addie L. Greene, District 7 Date: June 20, 2001 Subject: Recreational Assistance Program Chenaniah Praise Dancers of Boynton Beach This will confirm that Commissioner Greene wishes m contribute funding towards the Chenaniah Praise Dancers participation at the African American Gospel Showcase from the District VII discretionary funding not to exceed $2500.00. This event will take place on June 22- 24, 2001, in Washington, DC. Due to tire fact, that the group is not a 501 (c)(3),ihe City of Boynton Beach has agreed to enter into a retro active agreement via Commissioner Greene's Recreation Assistance Program to be reimbursed out of the fiscal year 2001 - 2002 Budget. The contact person for the City of Boynton Beach is City Manager, Kurt Bressner. Mr. Bressner can be reached at 561 742-6019. Attached is a copy of the letter of agreement a.k.a. "good faith effort" to the City of Boynton Beach by Commissioner Greene and other pertinent information relative to this request. In addition, Commissioner Greene has asked to be kept informed of the progress of this request and would like to be advised immediately of any problems or concerns so that she might assist. cc: Commissioner Greene AGREEMENT: EXHIBi~ "iq" Page 2 of 3 :CHENANIAH FRAI, 'E I)ANCEI 1291 ..~W 2gI'tl AV~Ng~: IOYNTON gEACII, ~ 33426 #OMEI~ION~ (56~1_) ?$2-2029 CE~IIII.4R (561) S23-1600 E-MAlL AMAY'ZINOI~AOLCOM ~OYNTOH K4GV ~ 33426 The Chenaniah Praise Dancers would like to take this opportunity to thank you again for allowing us to service the Community through dance. God has really used us poWerfully in Palm Beach County and throughout The City of Boynton Beach. Now, an opportunity has presented itself for Chenaniah to represent The City of Boynton Beach in the Nations Capitol. Chenaniah has been invited to appear on June 22-24, 2001, at the Bobby Jones (of BET)African American Gospel Showcase in'Washington, D.C.. This is in celebration of Dr. Jones' 25th Anniversary in Black Gospel Music. The event will be aired Internation- ally on The Bobby lones Show and Word Network. Chenaniah will be sharing the stage with stellar artists, such as Fred Hammond, Yolanda Adams, Shirley Ceasar and more ........ However, we must pay for all accomodations ourselves. ,The Ent,ry fee, Hotel Reservations, and ~el expenses are at least $26.50.00. One half(1325.00) is du~-d~'~ F~and the reminder by June 15, 2001. We are Prayerfully soliciting your financial aid. Your contributions will help Chenaniah ga/n expos,~e and go to the next level in the Arts. We know that The City of Boynton Beach is proud of its own and desires to see them go far. Thank you in advance for your support. We are looking forward to hearing from you soon. May God continue to Bless you, C/O Anthony & Carla Mays AGREEMENT EXHIBIT Page 3 of 3 PALM BEACH COUNTY AG]~I~.~t4~NT E~IBIT "B" PARKS AND RECREATION DEPARTMENT Grantee Billing # CONTRACT PAYMENT REQUEST Item Contractual Service Salary and Wages ( % of Salaries; Materials, Supplies, Direct Purcnases Grantee Stock F~-~dpment %. _~vel Do qated Real Property Indirect Costs TOTAL PROJECT COSTS Certification: I hereby certify ti~at ti~e above expenses were incurred for the work identified as being accomplished in the attached progress reports. (Date) Project Billing Period Project Costs This Billing Cumulative Project Costs Certification: I hereby certify that the documen- tation has been maintai ned as required to support the project expenses reported above and is avail- able for audit Upon recl uest. Administrator/Date Financial Officer/Date ?BC USE ONLY ~'=~unty Funding Participation ~. v~al project costs to date County obligation to date i .~.o. unty retainage ( %) $ $ $ ) 2255 G~ES ~ SUITE SSl 995-6706 7379 City of Bol~nton Beach 100 E. Boynton Beach Blvd. P.O. Box 310 ~'PT., 33425-0310 -- emm, L u,.fu~ 0048.2 10/01/00 544~000048-2 10/OZ/00 than Form ~'S~l of 2 #9755 IMPORTANT DISCLAIMER ~.,.,~r. mo ~e c:.rl~cam tlc~e., nar does ,,.T.,,.~kmly ar m~.lk~ly amerce, 8xmn~l or ~ the a:a,~rage IIf~Ed ~ly~le .~l:~J~e~l~d~leraor~, F~D~Z~"aP'/IZ)2 O~ 2 J:9755 --- IN WITNESS WHEREOF, the undersigned parties have signed this Agreement on the date first above written~,,~,,.~,,,,,. R 2. 0 0 ~ / .. ~ ~H COUNTY, FLORIDA, BYITS ATTEST: ~g/ *~'¢~'~CgUNTY COMMISSIONERS DOROTHY H. WILKEN, Clerk ~i COUNTY  APE Deputy Olerk "~~~-'~~. Newell, Ohsirm~n ATTEST: CI~ O~p~N~N B~CH [EO~r~'~ ,AND y C~ttorney APPROVED AS TO TERMS AND CONDITIONS Dennis L. Eshleman, Director Parks and Recreation DePartment Department of Parks and Recreation 2700 6th Avenue South Lake Worth FL 33461 (561) 966-6600 Fax: (561) 642-2640 www. pbcgov, com Palm Beach County Board of County Commissioners Warren H. Newell, Chairman Carol A. Roberts, Vice Chair Karen T. Marcus Mary McCarty Burr Aaronson Tony Masilotti Addle L. Greene County Administrator Robert Weisman "An Equal Opportunity Affirma~'v~ AcC'on Employer" Apri 17, 2002 Mr. Wilfred Hawkins Assistant City Manager City of Boynton Beach P.O. Box 310 Boynton Beach, FL 33425 RE: PALM BEACH COUNTY RECREATION ASSISTANCE PROGRAM- FULLY EXECUTED AGREEMENT FOR CHENANIAH PRAISE DANCER'S TRIP TO WASHINGTON, D.C. Dear Mr. Hawkins: Attached is a fully executed original of the funding Agreement for up to $2,500 from District 7 Recreation Assistance Program reserves to help offset expenses paid by Boynton Beach for the Chenaniah Praise Dancers' trip to Washington, D.C. to participate in the African American GoSpel Showcase. Expenses eligible for reimbursement as indicated in Exhibit A to the Agreement include the entry fee, hotel reservations, and travel expenses associated with the trip. Invoices for these expenses and copies of the City's checks to pay the expenses should be submitted by April 30, 2002. All invoices and checks must be dated within the project period of June 1, 2001 through April 30, 2002. If you have any questions regarding the Agreement or the reimbursement process, please contact Susan Yinger, Contract/Grant Coordinator, at 966- 6653. On behalf of District 7 CommissionerAddie L. Greene and the Board of County Commissioners, we are pleased to assist in the funding of this cultural arts trip sponsored by the City of Boynton Beach. Sincerel , . Parks and Recreation Department DLE/SWY Attachment Copy to: Commissioner Addie L. Greene, District 7 Mike Martz Bill Wilsher ~ pdnted on recycled paper