R05-171
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RESOLUTION R05- 1'1 (
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 FOR
THE INSTALLATION AND MAINTENANCE OF AN
INFORMATION KIOSK AT BOAT CLUB PARK; AND
PROVIDING AN EFFECTIVE DATE.
\VHEREAS, Palm Beach County Department of Environmental Protection is
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installing information kiosks near high-use boat ramps for public education in local manatee
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protection, speed zones, seagrass locations and Lake Worth lagoon restoration activities at
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various locations throughout Palm Beach County; and
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\VHEREAS, a kiosk has been recommended for placement at Boat Club Park.
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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 Interlocal Agreement between Palm Beach County and the City of
26 Boynton Beach, for the installation and maintenance of an information kiosk at Boat Club
27 Park, a copy of which Interlocal 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:\c A \RESO\Agreements\Interlocals\ILA -Boat Club Park Kiosk.doc
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PASSED AND ADOPTED this L day of October, 2005.
CITY OF BOYNTON BEACH, FLORIDA
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Commissioner
ATTEST:
S:\CA \RESO\.I\greements\Interlocals\ILA -Boat Club Park Kiosk.doc
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~05- "1
INTERLOCAL AGREEMENT
~ This A~eement is made and entered into this I { day of ()J,roBE~ ,2005, between
C\ T"i 0 f"Bc::NNT~ ~, a municipality located in Palm Beach County, Florida (hereinafter
"City of Boynton Beach") and Palm Beach County, a political subdivision of the State of Florida, (hereinafter
"County"), each one constituting a public agency as defined in Part 1 of Chapter 163, Florida Statutes.
WITNESSETH
WHEREAS, Section 163.01, Florida Statutes, known as the "Florida Interlocal Cooperation Act of 1969"
authorizes local governments to enter into intergovernmental agreements to make the most efficient use of their
powers by enabling them to cooperate with other localities on a basis of mutual advantage and thereby to provide
services and facilities that will harmonize geographic, economic, population and other factors influencing the needs
and development of local communities; and
WHEREAS, Part I of Chapter 163, Florida Statutes, permits public agencies as defined therein to enter
into interlocal agreements with each other to jointly exercise any power, privilege, or authority which such agencies
share in common and which each might exercise separately; and
WHEREAS, the County desires to install informational kiosk(s) as shown on Exhibit "A" (hereinafter
"Project"), attached hereto and incorporated herein by reference, at or near high-use boat ramp(s) and/or other
location(s) for public education on local manatee protection speed zones, seagrass locations and Lake Worth Lagoon
restoration activities; and
WHEREAS, the City of Boynton Beach (a) owns or controls the Project property and is authorized to
grant access and use as provided herein, (b) desires to cooperate with the County on this Lake Worth Lagoon public
outreach program, and (c) desires to grant the County, its officers, employees and agents access to and use of the
property for the Project; and
WHEREAS, the installation and maintenance of the kiosk(s) will provide a public and environmental
benefit.
NOW, THEREFORE, in consideration of the mutual representations, terms, and covenants hereinafter set
forth, the parties hereby agree as follows:
1. The above recitals are true, correct and incorporated herein.
2. The County shall install informational kiosk(s) at the location(s) indicated on Exhibit "A". The County
shall maintain each kiosk and re-stock the informational kiosk(s) with educational brochures and poster(s).
3. The City of Boynton Beach authorizes the County and its officers, employees and agents to install and
maintain the Project. However, the City of Boynton Beach is responsible for all local permits for the
installation of the kiosk(s).
4. The County shall be responsible for Project installation and maintenance costs during the term of this
Agreement, subject to annual funding appropriation (or this purpose by the Board of County
Commissioners of Palm Beach County.
5. The kiosk(s) shall remain the property of the City of Boynton Beach after termination or expiration of this
Agreement. After termination or expiration of this Agreement, County shall no longer be responsible for
maintaining or re-stocking the kiosk(s). The City of Boynton Beach assumes all liability for the kiosk(s)
after termination or expiration of this Agreement.
6. Without waiving the right to sovereign immunity as provided by Section 768.28, Florida Statutes, the City
of Boynton Beach and County acknowledge to be self-insured for General Liability and Business Auto
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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 the City of Boynton Beach maintains third-party Commercial Genesal Liability
and Business Auto Liability in lieu of exclusive reliance of self-insurance under Section 768.28, Florida
Statutes, the City of 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 and endorse the County as an
Additional Insured for Commercial General Liability. The City of Boynton Beach and County agree to
maintain or to be self-insured for Worker's Compensation & Employer's Liability insurance in accordance
with Florida Statute 440. The County shall require its agent(s) performing work on the Project to maintain
insurance, including Worker's Compensation and Employer's Liability, compliant with County
procurement guid<::Iines. The County shall require its agent(s) on the Project to endorse the City of
Boynton Beach and the County as an Additional Insured for Commercial General Liability.
7. Each party shall be liable for its own actions and negligence and, to the extent permitted by law, County
shall indemnify, defend and hold harmless the City of Boynton Beach against any actions, claims, or
damages arising out of County's negligence in connection with this Agreement, and the City of Boynton
Beach shall indemnify, defend and hold harmless County against any actions, claims, or damages arising
out of City of Boynton Beach's negligence in connection with this Agreement. The foregoing
indemnification shall not constitute a waiver of sovereign immunity beyond or alter the limits set for in
Florida Statutes Section 768.28, nor shall the same be construed to constitute agreement by either party to
indemnify the other party for such other party's, or any third party's negligent, willful or intentional acts or
omissions. This indemnification provision shall survive the termination or expiration of this Agreement.
8. This Agreement shall be effective on the date of execution of the Agreement by both parties for a period of
five (5) years, unless otherwise terminated as provided herein. This Agreement may be terminated by
either party upon thirty (30) days written notice by the terminating party to the other party.
9. The County's representative is: Department of Environmental Resources Management, Attn: Director,
3323 Belvedere Road, Building 502, West Palm Beach, FL 33406 Phone(561)233-2400 Fax: (561) 233-
2414.
10. The City of Boynton Beach representative is:
11. The County and City of Boynton Beach agree that this Agreement sets for the entire agreement between the
parties, and that there are no promises or understandings other than those stated herein. This Agreement
may be amended only by written document fully executed by both parties.
12. This Agreement shall be construed by and governed by the laws of the State of Florida. Any and all legal
action necessary to enforce this Agreement shall be held in Palm Beach County.
13. In the event that any section, paragraph, sentence, clause or provision hereof is held by a court of
competent jurisdiction to be invalid, such shall not affect the remaining portions of this Agreement and the
same shall remain in full force and effect.
(The remainder of this page is intentionally left blank)
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IN WITNESS WHEREOF, the Board of County Commissioners of Palm Beach County, Florida has. made and
executed this Agreement on behalf of the County and Grantee has hereunto set his/her hand the day and year above
written.
City of Boynton Beach
(ljll'ater control/drainage district: A CORPORATION
UNDER THE L WS F THE STATE OF FLORiDA)
By:
Title
Date
KURT BRESSNER
CITY MANAGER
BOYNTON BEACH. Fl
Its.
[Title]
Federal Tax I.D. #.'
(Corp. Seal)
WITNESS:
By:
Name
Date
i_~ r\. ~
~ V\.,-
L 0 1,) os.
PALM BEACH COUNTY, FLORIDA
FOR ITS BOARD OF COUNTY
COMMISSIONERS
By:
Robert Weisman Date
County Administrator
OR
Richard E. Walesky, Director, Department of
Environmental Resources Management
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
By:
Assistant County Attorney
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EXHIBIT A
PROJECT DESCRIPTION AND MAP
An educational kiosk will be installed at the approximate location as noted on the map below:
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CITY CLERK'S OFFICE
MEMORANDUM
TO:
Jody Rivers
Parks Superintendent
FROM:
Janet M. Prainito
City Clerk
DATE:
October 11, 2005
RE:
R05-171 - Interlocal Agreement with PB County for the installation and
maintenance of an information kiosk at Boat Club Park
Attached for your information and processing are two original agreements stated above
that were approved by the City Commission at their meeting on October 5th. Please
transmit the attached documents for execution by the County and request that one
original be returned to the City Clerk's Office for retention in our Central File.
Thank you.
(t.-r-m. p~
Attachments (2 Original Contracts)
S:\CC\WP\AFTER COMMISSION\Departmental Transmittals\200S\lody Rivers - Interlocal Agreement for kiosk at Boat Club Park - ROS-171.doc