R08-055
II
1 RESOLUTION R08- 055
2
3 A RESOLUTION OF THE CITY COMMISSION OF THE
4 CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING
5 THE MAYOR AND CITY CLERK TO EXECUTE AN
6 INTERLOCAL AGREEMENT BETWEEN PALM BEACH
7 COUNTY AND THE CITY OF BOYNTON BEACH
8 REGARDING OPEN CUTS UNDER COUNTY
9 THOROUGHFARES; AND PROVIDING AN EFFECTIVE
10 DATE.
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13 WHEREAS, Palm Beach County has adopted policies and procedures that now require
14 the posting of a surety bond, or providing an Interlocal Agreement assuring the County that the
15 City will repair all open cuts under County thoroughfares; and
16 WHEREAS, the City of Boynton Beach is about to embark on the Reclaimed Water
17 System Project - Phase 1 which will include the open cut installation of large diameter water
18 mains in Golf Road and Seacrest Boulevard which are both County owned and maintained
19 thoroughfares; and
20 WHEREAS, the City Commission of the City of Boynton Beach upon recommendation
21 of staff, deems it to be in the best interest of the citizens and residents of the City of Boynton
22 Beach to authorize execution of the Interlocal Agreement with Palm Beach County to allow the
23 City to proceed with the Reclaimed Water System Project and avoid the need for bonding
24 future work in the County thoroughfares that would require permits from the County.
25 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
26 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
27
Section 1.
The foregoing "Whereas" clauses are hereby ratified and confirmed as
28 being true and correct and are hereby made a specific part of this Resolution upon adoption
S:\CA\RESO\Agreements\lnterlocals\ILA with PBC for open cuts.doc
II
hereof.
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Section 2.
The City Commission of the City of Boynton Beach hereby authorizes
3 the Mayor and City Clerk to execute an Interlocal Agreement between the City of Boynton
4 Beach and Palm Beach County regarding open cuts under County thoroughfares, a copy of said
5 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 passage.
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PASSED AND ADOPTED this 15" day of April, 2008.
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CITY OF BOYNTON BEACH, FLORIDA
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Vice Mayor - Jo
guez
Commissioner - Ronald Weiland
Commissioner - Woodrow L.
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Commissioner - Marlene Ross
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ATTEST:
Roe-ass-
INTERLOCAL AGREEMENT BETWEEN PALM BEACH COUNTY
AND THE CITY OF BOYNTON BEACH REGARDING OPEN CUTS
UNDER COUNTY THOROUGHFARES
THIS AGREEMENT, made and entered into this _ day of , 2008, by and
between the BOARD OF COUNTY COMMISSIONERS OF PALM BEACH COUNTY,
FLORIDA, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA, (hereinafter
"COUNTY"), and the CITY OF BOYNTON BEACH, FLORIDA, A MUNICIPAL
CORPORA nON EXISTING UNDER THE LAWS OF THE STATE OF FLORIDA,
(hereinafter "CITY").
WHEREAS, the COUNTY has adopted certain policies and procedures regarding
open cuts across its thoroughfare and non-thoroughfare roads; and
WHEREAS, the CITY has agreed to follow the policies and procedures set forth
by the COUNTY regarding open cuts on COUNTY roads, however the CITY shall not be
required to obtain a surety bond for the open cut, but, instead will be bound by the terms
and conditions of this Interlocal Agreement; and
WHEREAS, the CITY agrees to be responsible for repairing the open cut, in
accordance with COUNTY policies and procedures, and all costs associated with such
repaIr.
NOW, THEREFORE, in consideration of the mutual covenants, promises, and
representations contained herein, the parties agree as follows:
Section 1. The above recitations are true and correct and are incorporated herein.
Section 2. COUNTY Policy: The COUNTY has adopted policies and procedures,
PPM EL-O-3605 and PPM EL-O-3606, regarding open cuts on COUNTY thoroughfare
and non-thoroughfare roads. The polices set forth the requirements of permitting the open
cut, construction of the open cut, maintenance of the open cut as well as the requirement
to obtain a surety bond to insure the proper repair ofthe open cut.
Section 3. Work performed by the CITY: The CITY (any reference to CITY
shall include work performed not only by the City but by its contractors or sub-
contractors) shall be required to follow all of the requirements of the policies of the
COUNTY regarding open cuts. However, except as provided in d) below, the CITY shall
not be required to obtain a surety bond for such work and instead shall be bound by the
following terms and conditions:
a) The CITY shall be responsible for repairing the open cut for a 6 month period
after the final restoration of the open cut
b) During the 6 month period the COUNTY may request certain repairs or
further restoration be made to the open cut, in which case, the CITY shall
make such repairs or restoration within 30 days of receiving written notice
from the COUNTY.
c) In the event the CITY fails to make such repairs within the time frame
allowed, or such repairs are inadequate, the COUNTY may make such repairs
as it deems necessary and invoice the CITY for the cost of such work. Upon
receiving such invoice the CITY shall, within 45 days, make payment to the
COUNTY.
d) Work performed for the City by Contractors, having a value of more than
$200,000, shall be bonded under a Public Construction Bond and name the
County as an obligee.
Section 4. Area Subject to Agreement: The terms of this Agreement shall
apply to all open cuts performed, by the CITY, on COUNTY thoroughfare and non-
thoroughfare roads located III the CITY'S utility servIce area.
Section 5. Term: This Agreement shall have an initial term of five years and
may be renewed, upon mutual consent of both parties, for additional 5 year renewal
terms.
,
Section 6. Indemnification: In the event a claim or lawsuit is brought against
the COUNTY, its officers, employees, servants or agents, the C1 TY, to the extent set
forth in Florida Statute 768.28 ($100,000.00 per person/$200,000.00 per claim) agrees to
save, defend, reimburse, indemnify and hold harmless the COUNTY, its officers,
employees, servants and agents from any and all claims, demands, damages, liabilities,
causes or actions, legal or administrative proceedings, judgments, interest, attorneys fees,
costs and expenses of whatsoever kind or nature, whether arising in any manner directly
or indirectly caused.
The CITY'S aforesaid indemnity and hold harmless obligations, or portions or
applications thereof; shall apply to the extent set forth in F.S. 768.28, but in no event
shall they apply to liability caused by the negligence of the COUNTY, or its agents,
servants employees or officers.
Section 7. Notice of Complaints or Suits: Each party will promptly notify, the
other of any citizen complaint, claim, suit, or cause of action threatened or commenced
against it which arises out of or relates, in any manner, to the performance of this
Agreement.
Section 8. Breach and 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 before exercIsmg any of its rights.
Section 9. Enforcement Costs: Any costs or expenses (including reasonable
attorney's fees) associated with the enforcement of the terms and conditions of this
Agreement shall be borne by the respective parties; provided, however, that this clause
pertains only to the parties to this Agreement
3
Section 10. Notice: All notices required to be given under this Agreement shall
be in writing, and deemed sufficient to each party when sent by United States Mail,
postage prepaid, to the following:
As to the COUNTY:
Palm Beach County Engineering Department
Land Development Division
Ken Rogers, P .E., Director
2300 North Jog Road
West Palm Beach, Florida 33411-2745
As to the CITY:
The City of Boynton Beach- Attn: Utilities Department
City Hall: 100 E. Boynton Beach Blvd.
Boynton Beach, Florida 33425
Section 11. Modification and Amendment: Except as expressly permitted herein
to the contrary, no modification, amendment or alteration in the terms or conditions
contained herein shall be effective unless contained in a written document executed with
the same formality and equality of dignity herewith.
Section 12. 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 this
Agreement shall 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
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.
Section 13. Joint Preparation: The preparation of this Agreement has been ajoint
effort of the parties, and the resulting document shall not, solely as a matter of judicial
constraint, be construed more severely against one ofthe parties than the other.
Section 14. Execution: This Agreement may be executed in two or more
counterparts, each of which shall be deemed an original, but all of which together shall
constitute one and the same instrument.
Section 15. Filing: A copy of this Agreement shall be filed with the Clerk of the
4
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The City of Boynton Beach
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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.f1.us
www.boynton-beach.org
MEMORANDUM
TO: Pete Mazzella
Deputy Director of Utilities
FROM: Janet M. Prainito
City Clerk
DATE: ApriI1?, 2008
SUBJECT: R08-0SS INTERLOCAL AGREEMENT BETWEEN THE PALM BEACH
COUNTY &. THE CITY OF BOYNTON BEACH REGARDING OPEN
CUTS UNDER COUNTY THOROUGHFARES
Attached for your handling are 2 partially executed original agreements mentioned
above and a copy of the Resolution. Once the documents have been fully executed,
please return an original document to the City Clerk's Office for Central File.
Thank you.
fr_L Yh.
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Attachments (3)
C: Central File & Followup
S:ICc\WPIAFTER COMMISSION\Departmental Transmittalsl200B\Pele Mezzella ROB-OSS.doc
America's Gateway to the Gulfstream
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PAUl BDCB ~.a; mill 'l-'()
BQUD or COO1ftr CCMlISSI~ 2 ()t1 f- of) 7
aaamA IDIM 8t1111A1lY ... ====---~--_C=====~----~-----==~===____~____~a2========__~_____
....tJ.Dq Date: May 20, 2008 [X] COIl._~ [ ] JlegaJ.ar
[ ] Work8hop r J Pu!;)1:Lc
Depm:tlMAt:
8at.it:ted By: Engineering and Public Works
SUbmitted Per: Land Development Division
==z~-----~======*------~~=====~_________======_====~~~_~~~R=====
I:. .ucu'l'IVB IUlDI"
NDt10u aDd !'iU. : Starr nc~"" JIOt.icm to app:t'O~ : an
Interlocal . Agreement .with the City of Bpynton Beach (City)
regarding open cuts in County maintained roadways.
S~: The City has agreed to follow the policies and
pJ:;ocedures set forth by th~ County regarding open cut~ in County
roads; ho....ever, the City is . requesting that it not be required
.to provide surety bonds for the open cuts, as required by County
Policy, but instead be bound by the terms and conditions of this
Interlocal Ag~eement.
District: 3 (M~E)
Baatgzound ADd JUatific.~iOQ: The City has requested that the
County enter into an Interlocal AgreQment. This AgreemQnt
pertains to open cuts on County roads. The City is requesting
that it not be required to obtain surety bonds as required by
County Policy for open cuts on County road~. Instead, the City
will be bound by the terms and conditions of this Interlocal
Agreement. The Agreement will have ...0 initial term of five
y.ears and may be renewed, upon mutual consent of both parties,
for additional five year renewal tez:ms. The prOposed Interlocal
Agreement is consistent with Section 163.01 Florida Statutes,
known as the Florida.Interlocal Cooperation Act of 1969.
At:t:.""-nt.: .
Interlocal Agreement
R.eo~ded 'by:
D:Lvi.iOD Di~.ato~ Dat:.e
.-.
Appro~ by:. A . J . tJM 't/ZojC&
~ty BaqiD..r Data
II. J'ZSCAI, I,ItPACT ~!'S:rs
A. Piy. Year EhmDary of l":l.seal ~.at.
Fi.aal Y'ear. 2008 2009 2010 2011 2012
Capital ~d:LtUl:'.s -0:" ":0-' -0- -0- ~
~
~r.t:ing.C!o.t:. -0-. -0- -0- -0- -0-
~ -
BJc~N'Ilal Revenu.. -0- -0- -0- -0- ~
Program ZuaCIIIIII (C:oUlU~y) -0- -0- '''0- -0- ~
-
In-Kind "tell (COUDty) -0- -0- --=!:.' -0- ~
Bln' ,FISCAL DIP~ --= ()- -0- -0- , ==-=..2.:.
· ADD:tTIOIIAL n'K
POSITra.s 'Ccu.ulat1ve) - -
Is Item IlLCluded .IzI. CurZ'Clt !Ndget? Ye. 110
Budget AeCouat 110'.. J'und Agency Orv. - Object
- - -
Progr:.. . -
B. R.o~~ Source. .o~ I'wla/~ of P.bcal Imp.c~.
Bo .dd~tiODalfi.c.l tqpact as a reault of tbi. it...
C. Departmental 1"1.0&1 Revi_. ~-~. W~ " II (\"6 \
nr. ~ ~s
A. O~ riseal aQd/or Ooatract Dev. and CODtrol Cammeaat..
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B. Legal SUff1C!eucy. 'l1I.is ~t COIlIpJioI wilD oot
~reviDw ~uiremcu..
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1\8 .tlU1~ County Attomey
C. Other Departa.ut a~v:1_.,
Divi.ion Director
l'hi. .~ i. DOt to be u.ed _ a baa is for peya.nt:.
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