R06-199
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RESOLUTION R06- /q'i
A RESOLUTION OF THE CITY OF BOYNTON
BEACH, FLORIDA, AUTHORIZING THE MAYOR
AND CITY CLERK TO EXECUTE AN INTERLOCAL
AGREEMENT BETWEEN PALM BEACH COUNTY
AND THE CITY OF BOYNTON BEACH FOR THE
MAINTENANCE DREDGING OF BOAT CLUB PARK
NAVIGATION CHANNEL; AND PROVIDING AN
EFFECTIVE DATE.
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WHEREAS, the channel at Boat Club Park that leads to the Intracoastal Waterway
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and the Boynton Inlet collects sand and other debris which, over time, can create a
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navigation hazard; and
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WHEREAS, the channel was dredged approximately five (5) years ago through a
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joint project with Palm Beach County which resulted in a cost savings to both parties
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because the contractor is able to dredge two areas that are close together without having to
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mobilize for both areas; and
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WHEREAS, the City Commission of the City of Boynton Beach upon
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recommendation of staff, deems it to be in the best interest of the citizens and residents of
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the City of Boynton Beach to authorize execution of the Interlocal Agreement with Palm
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Beach County for maintenance dredging of the channel at Boat Club Park.
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NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
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THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
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Section 1.
The foregoing "Whereas" clauses are hereby ratified and confirmed as
27 being true and correct and are hereby made a specific part of this Resolution upon adoption
28 hereof.
S:\CA\RESO\Agreements\lnterlocals\ILA with PSC for channel dredging.doc
II
Section 2,
The City Commission of the City of Boynton Beach hereby authorizes
2 the Mayor and City Clerk to execute an Interlocal Agreement between the City of Boynton
3 Beach and Palm Beach County for channel dredging at Boat Club Park, a copy of said
4 Agreement is attached hereto and made a part here as Exhibit "A",
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Section 3,
That this Resolution shall become effective immediately upon
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passage.
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PASSED AND ADOPTED this S1..L day of November, 2006.
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CITY OF BOYNTON BEACH, FLORIDA
Vice Mayor ""
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R2007 0044
R 0 ~ - I qq
INTERLOCAL AGREEMENT BETWEEN
PALM BEACH COUNTY
AND THE
CITY OF BOYNTON BEACH
THIS INTERLOCAL AGREEMENT, which is made and entered into on the
JAM 0 9 200"hay pf , 2006, by and between PALM BEACH COUNTY,
("COUNTY") a political subdivision of the State of Florida, and the CITY OF
BOYNTON BEACH, a municipal corporation in the State of Florida, ("CITY") each one
constituting a public agency as defined in Part I of Chapter 163, Florida Statutes and both
being hereinafter referred to collectively as the "parties."
WITNESSETH:
WHEREAS, Chapter 163.01, Florida Statutes, known as the "Florida Interlocal
Cooperation Act of 1969" authorizes local governments 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 that such agencies share in common and that each might
exercise separatel~'; and
WHEREAS, pursuant to Section 125.01, Florida Statutes, the Board of County
Commissioners is empowered to establish and administer programs of beach erosion
control and to enter into agreements with other governmental entities within or outside
the boundaries of the COUNTY for joint performance, or performance of one unit on
behalf of the other, of any of either governmental entity's authorized functions; and
WHEREAS, pursuant to Chapter 166, Florida Statutes, the CITY is empowered
to exercise any governmental, corporate, and proprietary power for municipal purposes,
except when expressly prohibited by law; and
WHEREAS, the COUNTY is planning to perform maintenance dredging of the
Ocean Inlet Park Sand Trap area; and
WHEREAS, the CITY wishes to have maintenance dredging performed within
the Boynton Beach Boat Club Park Navigation Access Channel ("Access Channel"),
which is located in the vicinity of the COUNTY's project; and
WHEREAS, the CITY has expressed an interest in utilizing COUNTY staff to
pursue management as well as the COUNTY's construction contract for performing
Page 1
maintenance dredging, and the COUNTY is agreeable to include the CITY's project as
part of its management process as well as the construction effort; and
WHEREAS, on November 20, 2001, the COUNTY and the CITY entered into an
interlocal agreement to dredge the Access, and that agreement expired on November 19,
2004.
NOW, THEREFORE, in consideration of the mutual covenants, promises, and
representations herein contained, and for other good and valuable consideration, the
receipt and sufficiency of which the parties expressly acknowledge, the parties hereto
agree as follows:
1. Purpose of the Agreement. The purpose of this interlocal agreement is to
set forth the terms, conditions, and obligations of each of the respective
parties hereto for work performed by COUNTY staff and the COUNTY's
construction contract for certain maintenance dredging activities
associated with the Boynton Beach Boat Club Park Navigation Access
Channel as more particularly depicted in Attachment "A" and defined in
paragraph 2 below. This is not a long-term maintenance dredging
agreement for the Boynton Beach Boat Club Park Navigation Access
Channel, but rather an agreement for combining construction and
management efforts for the CITY's maintenance dredging event in the
channel with the COUNTY's performance maintenance dredging at its
facilities.
2. The Proiect. The Project shall be performed as part of the COUNTY's
maintenance dredging of the South Lake Worth Inlet Interior Sand Trap
and includes, on behalf of the CITY, installing two (2) channel markers,
maintenance dredging of approximately 1,645 cubic yards of sand from
the Boynton Beach Boat Club Park Navigation Access Channel, and
placement of dredged material on the beach as shown on a pre-
construction and monitoring survey, attached as Attachment "B" and
incorporated herein by reference. The Project also includes any post-
construction monitoring required by permit(s).
3. The Term. The term of this Agreement shall be from the date first written
above and shall expire in three (3) years, unless terminated as otherwise
provided herein. This Agreement may be extended if agreed to in writing
by both parties.
4. Obligations of the COUNTY.
a. The COUNTY shall include the Project as part of its construction
and management efforts along with the COUNTY's maintenance
dredging of the COUNTY's facilities.
b. The COUNTY shall utilize the construction contract awarded by
the COUNTY for maintenance dredging of Boynton Beach Boat
Club Navigation Access Channel.
Page 2
c. The COUNTY shall pay its contractor directly for performance of
the Project and the CITY shall reimburse the COUNTY as more
fully set forth herein. The COUNTY shall submit invoice(s) to the
CITY that include a reference to this Agreement, identification of
the Project, the total expenditure, and the amount due and payable
by the CITY to the COUNTY. The invoice(s) shall be itemized in
sufficient detail for audit and shall be supported by copies of the
corresponding contractor's invoices.
d. The COUNTY agrees to perform administrative and technical
services in conjunction with the Project.
e. The COUNTY agrees to provide to the CITY within sixty (60)
days of project completion, all contractor deliverables, including
surveys as they pertain to the CITY's proportion of all of the tasks
completed in association with the work.
f. The COUNTY shall submit all invoices for final payment under
the terms of this Agreement no later than ninety (90) days after
completion of the post-construction monitoring.
g. The COUNTY agrees to maintain adequate records to justify all
charges, expenses, and costs incurred in performing the Project for
three (3) years after completion. The CITY shall have access to all
books, records, and documents as required for the purposes of
inspection or audit during normal business hours.
5. Obligations of the CITY.
a. The CITY is solely responsible for obtaining required permit(s) for
the Proj ect.
b. The CITY agrees to pay the COUNTY the costs associated with
dredging of the Navigation Access Channel and installing two (2)
channel markers and an amount equal to the CITY's proportional
share of mobilization/demobilization, maintenance of traffic,
construction-related surveys, construction management, and post-
construction monitoring expenses. The CITY's proportional share
of such expenses shall be calculated by determining the ratio of the
CITY's percentage of cubic yards of sand dredged in relation to
the total amount of cubic yards of sand dredged by the COUNTY's
contractor.
c. Invoices received from the COUNTY shall be reviewed and
approved by the CITY's contract monitor or his/her designee,
indicating that the expenditures have been made in conformity
with the requirements of this Agreement. CITY agrees to pay the
COUNTY's invoices within thirty (30) days following receipt.
6. Funding. The COUNTY's performance and obligation under this
Agreement is contingent upon annual appropriation for its purpose by the
Board of County Commissioners.
Page 3
7. Independent Contractor. The COUNTY recognizes that it is an
independent contractor and not an agent or servant of the CITY. No
person employed by any party to this Agreement shall, in connection with
the performance of this Agreement or any services or functions
contemplated hereunder, at any time, be considered the employee of the
other party, nor shall an employee claim any right in or entitlement to any
pension, worker's compensation benefit, unemployment compensation,
civil service, or other employee rights or privileges granted by operation
of law, except through and against the entity by whom they are employed.
8. Party Representatives. The COUNTY's representative during the term of
this Agreement shall be Richard E. Wale sky, whose telephone is (561)
233-2400. The CITY's representative during the term of this Agreement
shall be Jody Rivers whose telephone number is (561) 742-6226.
9. Notices. Any notice required or permitted to be given under this
Agreement shall be in writing and shall be hand delivered, faxed, or sent
by certified mail, return receipt requested, to the respective addresses
specified in this paragraph. All notices required by this Agreement shall
be considered delivered upon receipt. Should any party change its
address, written notice of such new address shall promptly be sent to the
other party. All required notices under this Agreement shall be forwarded,
in writing, to:
Board of County Commissioners
of Palm Beach County
Governmental Center
301 N. Olive Avenue
West Palm Beach, FL 33401
City Manager
City of Boynton Beach
100 E. Boynton Beach Blvd.
Boynton Beach, FL 33435
and
with a copy to:
Palm Beach County Department of
Environmental Resources Management
2300 N. Jog Road, 4th Floor
West Palm Beach, FL 33411-2743
City Attorney
City of Boynton Beach
100 E. Boynton Beach Blvd.
Boynton Beach, FL 33435
with a copy to:
County Attorney
Palm Beach County
P.O. Box 1989
West Palm Beach, FL 33401
Page 4
10. Indemnification. Each party shall be liable for its own actions and
negligence and subject to the limitations of Section 768.28, Florida
Statutes. The COUNTY shall indemnify, defend, and hold harmless the
CITY against any actions, claims, or damages arising out of the
COUNTY'S negligence in connection with this agreement, and the CITY
shall indemnify, defend, and hold harmless the COUNTY against any
actions, claims, or damages arising out of the CITY'S negligence in
connection with this Agreement.
11. Insurance.
a. Each party warrants and represents that it is 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 a Party maintains third-party Commercial General Liability
and Business Auto Liability in lieu of exclusive reliance on self-
insurance under Section 768.28, Florida Statutes, that party shall
agree to maintain said insurance policies at limits not less than
$500,000 combined single limit for bodily injury or property
damage. The parties agree to maintain or to be self-insured for
Worker's Compensation & Employer's Liability insurance in
accordance with Florida Statute 440.
b. The parties further agree that nothing contained herein shall be
construed or interpreted as: (1) denying to any 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 of the
State of Florida beyond the waiver provided in Section 768.28,
Florida Statutes.
c. In the event any party subcontracts any part or all of the Project
work hereunder to a third party, the contracting party shall require
each and every subcontractor to name the other parties as
"additional insured" on all insurance policies as required by the
contracting party. Any contract awarded for work under this
Agreement shall include a provision whereby the contracting
party's subcontractor agrees to defend, indemnify, and pay on
behalf, save and hold other parties harmless from all damages
arising in connection with said contract.
d. When requested, each party shall provide any other party with an
affidavit or Certificate of Insurance evidencing insurance, self-
insurance and/or sovereign immunity status, which all parties agree
to recognize as acceptable for the above mentioned coverages.
e. Compliance with the foregoing requirements shall not relieve any
party of its liability and obligations under this Agreement.
Page 5
12. Equal Opportunity. The COUNTY and the CITY agree that no person
shall, on the grounds of race, color, sex, national origin, disability,
religion, ancestry, age, marital status, or sexual orientation be excluded
from the benefits of, or be subjected to any form of discrimination under
any activity carried out by the performance of the Agreement.
13. Severability. In the event that any section, paragraph, sentence, clause, or
provision hereof be held by a court of competent jurisdiction to be invalid,
such shall not affect the remaining portions of this Agreement and at the
same shall remain in full force and effect.
14. Waiver of Breach. It is hereby agreed to by the parties that no waiver of
breach of any of the covenants or provisions of this Agreement shall be
construed to be a waiver of any succeeding breach of the same or any
other covenant.
15. Default. Termination. Opportunity to Cure. The parties expressly
covenant and agree that in the event either party is in default of its
obligations under this Agreement, the party not in default shall provide to
the defaulting party thirty (30) days written notice as an opportunity to
cure the deficiency before exercising any of its rights. Either party may
terminate this Agreement without cause by giving sixty (60) days prior
written notice. If the Agreement is terminated before the Project is
complete, the CITY shall pay all costs incurred and due under the terms of
this Agreement up to and including the date of termination.
16. Enforcement Costs. Except as otherwise provided herein, any costs or
expenses (including reasonable attorney's fees) associated with the
enforcement of the terms and/or conditions of this Agreement shall be
borne by the respective parties. This provision pertains only to the parties
to the Agreement.
17. Remedies. This Agreement shall be construed by and governed by the
laws of the State of Florida. Any and all legal action necessary to enforce
the Agreement will be held in Palm Beach County. No remedy herein
conferred upon any party is intended to be exclusive of any other remedy,
and each and every such remedy shall be cumulative and shall be in
addition to every other remedy given hereunder or now or hereafter
existing at law or in equity or by statute or otherwise. No single or partial
exercise by any party of any right, power, or remedy hereunder shall
preclude any other or further exercise thereof.
18. Amendment. None of the provisions, terms, or obligations in this
Agreement may be added to, modified, superseded, or otherwise altered,
except by written instrument executed by the parties hereto.
Page 6
19. Entirety of Agreement. The COUNTY and the CITY concur that this
Agreement, together with any exhibits attached hereto, sets forth the entire
Agreement between the parties, and that there are no promises or
understandings other than those stated herein.
By:
IN WITNESS WHEREOF, the County of Palm Beach, Florida has caused this
Agreement to be signed by the Chair of the Board of County Commissioners and the Seal
of said Board to be affixed hereto and attested by the Clerk of said Board, pursuant to
authority granted by said Board, and the City of Boynton Beach has caused this
Agreement to be signed in its corporate name by its Mayor and its corporate seal to be
affixed hereto, attested by its City Clerk, the date anc;!,Year first above written.
R 2 0 0 { '0 0 0 4 4 JAN 0 9 2007
ATTEST: " PALM BEACH COUNTY, FLORIDA, BY
SHARON R. BOCK, ;~"'~:fy "\C\QIf{,~ BOARD OF COUNTY COMMISSIONERS
CLERK & COMPTR~'tR:o""""",/~'\
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ATTEST:
CITY OF BOYNTON BEACH
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Assistant County Attorney
o FORM AND LEGAL SUFFICIENCY:
By: CiJ
~Cit ttorney
APPR~ TERM.. S AN~ CONDITIONS:
By: (2c
Richard E. Walesky, Director
Environmental Resources Management
Page 7
Attachment A
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@COPYRlGHT 2006 - SFRN, INC.
[ BOAT CLUB PARK NAVIGATION ACCESS CHANNEL
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11/6/2006
PROJECT ENGINEER:
DATE:
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Enginee" Surveyor. GIS Mappers
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JOB No.
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Attachment B
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SEDIMENT DREDGE AREA
SEAGRASS AREA
EXISTING CHANNEL MARKERS
PROPOSED CHANNEL MARKERS
EXCLUSION ZONE (NO DREDGING,
NO ANCHORING)
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....
PALM BEACH COUNTY
DEPARTMENT OF
ENVIRONMENTAL
RESOURCES
MANAGEMENT
2006 BOAT CLUB CHANNEL
MAINTENANCE DREDGING
9
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SCALE IN FEET
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ATTACHMENT 1
CITY OF BOYNTON BEACH
BOAT CLUB CHANNEL
LOCATION MAP
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TAlLAHASSEE
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ORLANDO
MARTIN COUNTY
PROJECT
LOCATION
PALM BEACH COUNTY
FLORIDA
BROWARD COUNTY
Department of Environmental
Resources Management
2300 North Jog Road, 4th Floor
West Palm Beach, FL 33411.2743
(561) 233-2400
FAX (561) 233.2414
wwwco.palm-beach.f1.us/erm
.
Palm Beach County
Board of County
Commissioners
Addie L. Greene. Chairperson
Jeff Koons, Vice Chair
Karen T. Marcus
Warren H. Newell
Mary McCarty
Burt Aaronson
Jess R. Santamaria
County Administrator
Robert Weisman
"An Equal Opporrunity
A.fIinnalive Action Employer"
@ printed on recycled paper
January 17,2007
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I JAN 1 9 2007 I
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Ms. Jody Rivers, Parks Superintendent
City of Boynton Beach
Recreation and Parks Department
100 E. Boynton Beach Blvd.
Boynton Beach, FL 33425-0310
SUBJECT: BOYNTON BEACH BOAT CLUB NA VIGA TION CHANNEL
Dear Ms. Rivers:
I have enclosed an executed original of the interlocal agreement between Palm
Beach County and the City of Boynton Beach for funding of the maintenance
dredging at the Boynton Beach Boat Club Park Navigation Access Channel.
As Ms. Tracy Logue of this office explained to you earlier, maintenance dredging
of the interior sand trap has been rescheduled to November 2007. We look forward
to coordinating with you in dredging the boat channel at that time.
Please call Ms. Logue at 561-233-2491 if you have any questions.
Sincerely,
Leanne Welch
Environmental Program Supervisor
LW:TL:ds
Enclosure
T:\eer\sp\slwi\sand trap & icw dredging\boynton channel\Jody Rivers.3.431.doc