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R08-052 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 II 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 1 2 3 4 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 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, .~~ com, ~ssiyner - Ronal:;eil~ /~ ~~c'/7)~.~-i 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: 1 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. 2 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 3 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 4 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: 5 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 6