R05-115
II
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RESOLUTION R05- t 15
A RESOLUTION OF THE CITY OF BOYNTON
BEACH, FLORIDA, AUTHORIZING AND
DIRECTING THE MAYOR AND CITY CLERK TO
EXECUTE AN INTERLOCAL AGREEMENT
BETWEEN THE CITY OF BOYNTON BEACH AND
PALM BEACH COUNTY PROVIDING FOR THE
EXCHANGE OF UPDATED GEOGRAPHIC AND
LAND INFORT\1ATION ON AN ONGOING BASIS;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the parties desire to enter into this agreement to share the benefits of
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exchanging geographic and land information in order to have the most up-to-date and
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accurate information; and
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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
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ratified and confirmed by the City Commission.
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Section 2.
The City Commission does hereby authorize and direct the Mayor and
25 City Clerk to execute an Agreement between Palm Beach County and the City of Boynton
26 Beach, providing for a mechanism to share geographic and land information on an ongoing
27 basis, which Agreement is attached hereto as Exhibit "A."
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Section 3
That this Resolution shall become effective immediately upon passage.
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S:\CA\RESO\Agreements\lnterlocalsIllA - PBC GIS.doc
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II
PASSED AND ADOPTED this 5 day of July, 2005.
CITY OF BOYNTON BEACH, FLORIDA
Commissioner
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INTERLOCAL AGREEMENT
BETWEEN THE
CITY OF BOYNTON BEACH
AND
PALM BEACH COUNTY
This Agreement is entered on Ju.\~ B ,2005, between "the parties," the City of
Boynton Beach ("the City") and Palm each County (the "County"). The City and the
County are referred to collectively as "the Parties".
WITNESSETH THAT:
WHEREAS, the Parties are authorized to enter into this Agreement pursuant to Section
163.01, Florida Statutes, as amended which permits local governmental units to make the
most efficient use of their powers by enabling them to cooperate with other localities on a
basis of mutual advantage, and
WHEREAS, the Parties executing the Agreement desire to share the benefits of
exchanging geographic and land information in order to have the most up-to-date and
accurate information,
WHEREAS, the purpose of this Agreement is to provide a mechanism to share geographic
and land information on an ongoing basis,
WHEREAS, the Parties will develop procedures for the exchange of geographic and land
information in an efficient and timely manner,
NOW THEREFORE, the Parties, in consideration of the mutual benefits flowing from each
to the other do thereby agree as follows:
ARTICLE 1 - STATEMENT OF AGREEMENT
1.1 The County GIS Service Bureau will provide County geographic data to the City. The
City enters into this Agreement to initiate the exchange of updated geographic and land
information outlined in Exhibit A with the County on an ongoing basis.
ARTICLE 2 - TERM OF THE AGREEMENT
2.1 The period of performance of this Agreement shall commence on date of execution
and continue on thereafter, on a year to year basis, under the same terms and conditions
herein provided, unless terminated earlier under Article 6, or replaced with another
agreement.
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ARTICLE 3 - SHARING AND OWNERSHIP
3.1 Each Party shall be responsible for modifications or alterations required at its location
for sharing and utilization of geographic and land information.
3.2 Each Party shall provide and maintain in its geographic and land information system
environment the information specified in this Agreement under Exhibit A. Said information
shall be maintained in the manner (including format, accuracy, symbology, and timeliness)
also specified in Exhibit A and enhanced as mutually agreed upon. In some cases, this will
require modification to current practices. In such cases, each Party will bear the cost of
required modifications to its respective environment. Such information shall be accessible
to both Parties, subject to access and security procedures, license agreements, and
Federal, State and local law.
3.3 The City agrees to abide by standards set forth by the County in Exhibit A to:
· Satisfy statutory requirements
· Ensure compatibility of information
· Improve productivity in applications development
· Simplify procedures for end users.
· Create greater efficiency in information sharing
ARTICLE 4 - PROJECT MANAGEMENT/NOTICE
4.1 Until otherwise notified in writing, the Project Manager for the City is Terri Owens, City
of Boynton Beach, at 100 E. Boynton Beach Boulevard, Boynton Beach, Florida 33435 at
telephone (561) 742-6077. The Project Manager for the County is Kelly Ratchinsky, Palm
Beach County, Information Systems Services, GIS Services, at 301 N. Olive Avenue, West
Palm Beach, FL 33401, telephone (561) 355-4275. The Parties shall direct all matters
arising in connection with the performance of this Agreement to the attention of the Project
Managers for resolution or action. The Project Managers shall be responsible for overall
coordination and oversight relating to the performance of this Agreement.
4.2 All notices, demands, or other communications to the Parties under this Agreement
shall be in writing and shall be deemed received if sent by certified mail, return receipt
requested, to:
Attention:
Terri Owens Copies to:
City of Boynton Beach
100 E. Boynton Beach Blvd.
Boynton Beach, FL 33435
City Manager
City of Boynton Beach
100 E. Boynton Beach Blvd.
Boynton Beach, FL 33435
Palm Beach County GIS Coordination
Attention: Countywide GIS Coordinator
301 N. Olive Avenue, 4th Floor
West Palm Beach, FL 33401
Copies to:
Palm Beach County Attorney's Office
301 N. Olive Avenue, 6th Floor
West Palm Beach, FL 33401
The Parties agree to provide a copy of all such notices under this Agreement to each
Project Manager. All notices required by this Agreement shall be considered delivered
upon receipt. Should either party change its address for notifications, written notice of such
new address shall promptly be sent to the other party.
ARTICLE 5 -INDEMNIFICATION & INSURANCE
5.1 The Parties assume any and all risks of personal injury, bodily injury and property
damage attributable to the negligent acts or omissions of the Parties and the officers,
employees, servants, and agents thereof. Each of the Parties, as a local government
agency, warrants and represents that it is self funded for liability insurance, or has liability
insurance, both public and property, with such protection being applicable to the Parties by
their officers, employees, servants and agents while acting within the scope of their
employment with the Parties. The Parties further agree that nothing contained herein shall
be construed or interpreted as (1) denying to either party any remedy or defense available
to such party under the laws of the State of Florida; (2) the consent of the State of Florida
or its agents and agencies to be sued; or (3) a waiver of sovereign immunity ofthe State of
Florida beyond the waiver provided in Section 768.28, Florida Statutes.
ARTICLE 6- TERMINATION/SUSPENSION
6.1 This Agreement may be terminated by written notice of either Party to the other, to be
effective twelve (12) months after receipt. However, termination shall be carefully
considered due to the potential cost and disruption of operations to each of the Parties.
6.2 Data sharing may be suspended for failure to adopt County standards or for the
adoption of policies or engagement in activities which adversely affect the sharing or
maintenance of said information. Notice of proposed suspension shall be delivered to the
other Party at least five (5) working days prior to suspension. The notice shall state the
reasons for the proposed suspension and suggest corrective actions and a time frame
within which these corrective actions may be taken to avoid suspension. Suspended
access to shared information shall be restored as soon as reasonably possible following
receipt of notice that sufficient corrective action has been taken.
6.3 Each Party may enact an emergency suspension of data sharing. The Countywide GIS
Coordinator shall declare an emergency suspension and temporarily, but immediately,
suspend or reduce access to information for just cause. Reasons for emergency
suspension include, without limitation, equipment failure; unauthorized geographic
information access; high potential for sabotage; failure to adopt and enforce standards; and
adoption of policies or engagement of activities which otherwise adversely affect the
operation, security or maintenance of the geographic information.
The Countywide GIS Coordinator shall notify the County GIS Policy Advisory Committee,
and the other affected Party immediately of any emergency suspension. The notice shall
state the reasons for the emergency suspension and suggest corrective actions and a time
frame within which these correction actions may be taken to safely allow restoration of
access to geographic information. If the Countywide GIS Coordinator is confident that
actions have adequately corrected the situation, access to information shall be restored.
ARTICLE 7 - STANDARDS OF COMPLIANCE
7.1 The Parties, their employees, subcontractors or assigns, shall comply with all
applicable federal, state, and local laws and regulation relating to the performance of this
Agreement.
7.2 The laws of the State of Florida shall govern all aspects of this Agreement. In the
event it is necessary for any party to initiate legal action regarding this Agreement, venue
shall be in the Fifteenth Judicial Circuit Court.
7.3 The Parties shall allow public access to all project documents and materials in
accordance with the provisions of Chapter 119, Florida Statutes. Should any Party assert
any exemptions to the requirements of Chapter 119 and related Statutes, the burden of
establishing such exemption, by way of injunctive or other relief as provided by law, shall be
upon the asserting party.
7.4 The Parties hereby assure that no person shall be excluded on the grounds of race,
color, creed, national origin, handicap, age, sex or sexual orientation, from participation in,
denied the benefits of, or be otherwise subjected to discrimination in any activity under this
Agreement. The Parties shall take all measures necessary to effectuate these assurances.
ARTICLE 8 - GENERAL PROVISIONS
8.1 Each party shall not assign, delegate, or otherwise transfer its rights and obligations
as set forth in this Agreement without the prior written consent of the other Party. Any
attempted assignment in violation of this provision shall be void.
8.2 Notwithstanding any provisions of this Agreement to the contrary, the Parties shall not
be held liable for any failure or any delay in the performance of this Agreement that arises
from fires, floods, strikes, embargoes, act of the public enemy, unusually severe weather,
outbreak of war, restraint of Government, riots, civil commotion, force majeure, acts of God,
or for any other cause of the same character which is unavoidable through the exercise of
due care and beyond the control of the Parties. Failure to perform shall be excused during
the continuance and restorative aftermath period of such circumstances, but this
Agreement shall otherwise remain in effect. This provision shall not apply if the "Statement
of Work" of this Agreement specifies that performance by the Parties is specifically required
during the occurrence of any of the events herein mentioned.
8.3 In the event any provisions of this Agreement shall conflict, or appear to conflict, the
Agreement including all exhibits, attachments and all documents specifically incorporated
by reference, shall be interpreted as a whole to resolve any inconsistency.
8.4 Failures or waivers to insist on strict performance of any covenant, condition, or
provision of this Agreement by the Parties, their successors and assigns shall not be
deemed a waiver of any of its rights or remedies, nor shall it relieve the other party from
performing any subsequent obligations strictly in accordance with the terms of this
Agreement. No waiver shall be effective unless in writing and signed by the party against
whom enforcement is sought. Such waiver shall be limited to provisions ofthis Agreement
specifically referred to therein and shall not be deemed a waiver of any other provision. No
waiver shall constitute a continuing waiver unless the writing states otherwise.
8.5 Should any term or provision of this Agreement be held, to any extent, invalid or
unenforceable, as against any person, entity or circumstance during the term hereof, by
force of any statute law or ruling of any forum of competent jurisdiction, such invalidity shall
not affect any other term or provision of this Agreement, to the extent that the Agreement
shall remain operable, enforceable and in full force and effect to the extent permitted by
law.
8.6 This Agreement may be amended only with the written approval of the Parties hereto.
8.7 This Agreement states the entire understanding and Agreement between the Parties
and supersedes any and all written or oral representations, statements, negotiations, or
Agreements previously existing between the Parties with respect to the subject matter of
this Agreement.
The Parties recognize that any representations, statements or negotiations made by the
Parties' staff do not suffice to legally bind the Parties in a contractual relationship unless
they have been reduced to writing and signed by the Parties' representatives. This
Agreement shall inure to the benefit of and shall be binding upon the Parties, their
respective assigns, and successors in interest.
. .
IN WITNESS WHEREOF, the Parties or their duly authorized representatives hereby
execute this Agreement on the date first written above.
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
City of Boynton Beach BY ITS MAYOR
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By:
Title:
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY
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, City Clerk
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County Attorney /1' /
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PALM BEACH COUNTY, FLORIDA
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Sharon R. Bock. Clerk & Comptroller
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EXHIBIT A
Geographic data requested from the City as available includes but is not limited to:
- Situs Address W/Parcel Control Number
- Address Range/Centerline Corrections & Updates (with metadata)
- Capture/updates of Planimetric Map Layers
- County Maintained Roads within jurisdiction (for verification purposes)
- Hydrants
- Park Locations
- Vegetation Information
- Preserves
- Existing Land Use
- Zoning
- Critical Facilities
- New Plats (digital)
- Hazardous Materials
- Water Service Boundaries
The data to be provided by the County will be any geographic data published by Countywide
GIS to include, but not limited to:
- Centerline File
- Parcel Graphics and Database (based on current Tax Roll)
- Digital Ortho Photography (with available metadata)
- Situs Addresses
Mechanisms and schedules for exchange of data will be decided by the Project Managers upon
execution of this Agreement, incorporating the most efficient vehicle and format possible.
Specific standards issues which shall be addressed include, but are not limited to:
Geocoding/addressing standards (e.g. street names and addresses)
Information quality control objectives and methods
Information sources and lineages
Positional accuracy/precision of map content and sources
Information category conventions
Information completeness and update cycles
Documents to be provided upon execution: Countywide Standard for Address Records in
Electronic Databases CW-O-047.
March, 2005
STATE OF FLORIDA, COUNTY OF PALM BEA~H
I, SHARON R. BOCK, Clerk & Comptroller certIfy
this to be a true and correct copy of the original
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CITY CLERK'S OFFICE
MEMORANDUM
TO:
Cathy McDeavitt
Assistant to the ITS Director
FROM:
Janet M. Prainito
City Clerk
DATE:
July 11, 2005
RE:
RESOLUTION NO. R05-115 - Interlocal Agreement between the
City and Palm Beach County to share geographic and land
information on an ongoing basis
Attached is the partially executed original contract for the above-mentioned bid. Once
the contract is fully executed, please return the original to this office for Central File.
Please contact me if there are any questions. Thank you.
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Attachments
Copy: Central File
S:\CC\WP\AFTER COMMISSION\Departmental Transmittals\2005\Cathy McDeavitt - R05-115 - Exchange of GIS Info with County. doc