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.
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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 $2,500.00 which is available from the Recreation
22 Assistance Program, District 7.
23
NOW, THEREFORE, BE IT RESOLVED BY THE CITY
24 COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
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Section 1.
The foregoing "WHEREAS" clauses are true and correct and
26 hereby ratified and confirmed by the City Commission.
27
Section 2.
The City Commission of the City of Boynton Beach does
28 hereby authorize and direct the Mayor to execute an Agreement between Palm Beach
29 County and the City of Boynton Beach, for funding to offset the costs for the
:\CA\RESO\Agreements\lnterlocals\Competitive Cheerleading funding PBC.doc
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competitive cheerleader programs, which Agreement is attached hereto as Exhibit
2
"A" .
3
Section 2
That this Resolution shall become effective immediately upon
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passage.
PASSED AND ADOPTED this.$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
-----...."
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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
,
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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.
Certification: I hereby certify that the documentation has
been maintained as required to support the project
expenses reported above and is available for audit upon
request.
Administrator
Date
Financial Officer
Date
psc 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
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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