R97-053RESOLUTION NO. R97-..~.~
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, RESCINDING
RESOLUTION NO. R97-13, DATED JANUARY 21, 1997,
AND AUTHORIZING THE MAYOR AND CITY CLERK
TO EXECUTE AN INTERLOCAL AGREEMENT
BETWEEN THE CITY OF BOYNTON BEACH AND THE
BOARD OF COUNTY COMMISSIONERS OF PALM
BEACH COUNTY, PROVIDING FOR FINANCIAL
ASSISTANCE FOR THE IMPROVEMENTS TO
GATEWAY BOULEVARD FROM SEACREST
BOULEVARD TO THE FEC RAILROAD; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, Gateway Boulevard is unique as a City neighborhood collector
street, connecting to an Interstate 95 interchange; and
WHEREAS, the City has sought the assistance of the County toward
improvements to Gateway Boulevard from Seacrest Boulevard to the FEC Railroad;
and
WHEREAS, the City and the County desire to enter into an agreement to
provide the public with improvements to Gateway Boulevard;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The City Commission of the City of Boynton Beach, Florida
does hereby rescind Resolution R97-13, dated January 21, 1997, and authorizes
and directs the Mayor and City Clerk to execute an Interlocal Agreement with the
Board of County Commissioners of Palm Beach County, said Agreement being
attached hereto as Exhibit "A".
Section2. This Resolution shall become effective immediately upon
passage.
PASSED AND ADOPTED this ? day of April, 1997.
CITY OF BOYNTON BEACH, FLORIDA
Vice
.~ayor -~ -
C~mmis,s~ner/ / ~,~
Commissioner
Commissioner
ATTEST:
lerk
1
2
3
4
5
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
FINANCIAL ASSISTANCE AGREEMENT
GATEWAY BOULEVARD FROM SEACREST BOULEVARD
TO THE FEC RAILROAD
THIS INTERLOCAL AGREEMENT is made and entered into this day
of APR ~ ~997 , 19 , by and between the CITY OF BOYNTON BEACH,
a municipal corporation of the State of Florida, hereinafter
"CITY," and the BOARD OF COUNTY COMMISSIONERS OF PALM BEACH COUNTY,
a political subdivision of the State of Florida, hereinafter
"COUNTY."
W I T N E S S E T H:
WHEREAS, Gateway Boulevard is unique as a CITY neighborhood
collector street connecting to an Interstate 95 interchange; and
WHEREAS, the CITY has sought the assistance of the COUNTY
toward improvements to Gateway Boulevard from Seacrest Boulevard to
the FEC Railroad; and
WHEREAS, the COUNTY believes that such assistance in the form
of financial participation by the COUNTY is in the best interests
of the CITY and the COUNTY; and
WHEREAS, the CITY and the COUNTY desire to enter into an
agreement to provide the public with improvements to Gateway
Boulevard.
NOW, THEREFORE, in consideration of the mutual covenants,
promises, and agreements herein contained, the parties agree as
follows:
1. The PROJECT is defined as Gateway Boulevard Improvements
from Seacrest Boulevard to the west property line of the FEC
-1-
1
2
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
Railroad and consists of the design, right-of-way acquisition, and
construction in order to provide the following ty~es of
improvements.
From N. E. 1st Lane to N. E. 4th Street:
a) a three-lane (center left turn lane) section where
appropriate
b) right turn lanes where appropriate
c) paved shoulders/bike lanes
d) sidewalks
e) drainage
f) striping
g) signing
h) landscaping and irrigation installation (not to
exceed a maximum of $50,000)
From N. E. 4th Street to the west property line of the-FEC
Railroad:
the above items are desirable but will be subject
to evaluation for design feasibility due to the
unique nature of this block with the CITY's
community hall in the median.
From Seacrest Boulevard to N. E. 1st Lane:
i) pavement resurfacing and restriping
2. The CITY agrees to be responsible for accomplishing the
design, right-of-way acquisition, and construction of the PROJECT
to County approved standards by December 31, 1999. If no right-of-
way acquisition is required, it is the CITY's and the COUNTY's goal
to complete this project by July 1, 1998.
3
4
5
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
~TEWAY BOULEVARD FINANCI~ ~SIST~CE A~REEM~T
3. The COUNTY agrees, subject to budget, to reimburse the
CITY for the CITY's costs of the PROJECT as defined in Paragraph 1,
excluding CITY staff costs but including consultant costs, in an
amount not to exceed SEVEN HUNDRED FIFTY THOUSAND and 00/100
DOLLARS ($750,000.00). Toward this end, the COUNTY agrees to
program these reimbursement funds in the 1996/97 fiscal year of its
five year road program.
4. The CITY agrees that the CITY, not the COUNTY, is
responsible for any PROJECT costs in excess of the $750,000 amount
in Paragraph 3.
5. The CITY agrees to provide CITY staffing for the general
technical and administrative management of the PROJECT. This
staffing is not a reimbursable PROJECT cost under this agreement.
6. The CITY agrees to solicit comments on the PROJECT from
the County Engineer on the master plan prior to beginning design
plans and at the 35%, 65%, 95%, and 100% level of design plans
completion. In order to assist the CITY, the COUNTY agrees to
provide a substantial thoroughfare design review at the 35%, 65%
95%, and 100% level of plans completion. This review shall be done
within 30 days of a complete submittal to the COUNTY's Roadway
Production office.
7. The CITY agrees to continue to maintain Gateway
Boulevard, from Seacrest Boulevard to US1, as a City Street for a
minimum of ten (10) years from the date of the execution of this
agreement.
8. The CITY agrees to continue to be responsible for the
street lighting within the PROJECT area.
9. The CITY agrees to be responsible for maintenance of any
-3-
2
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
~TEHAY BOULEVARD FIN~CI~ ~SIST~ AGP~EEMENT
landscaping and irrigation within the PROJECT area.
10. The CITY agrees to assume all responsibility for the
design, bidding, contract preparation, and contract administration
of all projects, including payment(s) to contractor(s) pursuant to
all applicable state laws and CITY regulations.
11. The CITY shall be solely responsible for obtaining and
complying with all necessary permits, approvals, and authorizations
required for the construction and subsequent maintenance of the
PROJECT from any federal, state, regional, or municipal agency.
12. The CITY shall submit monthly invoices to the COUNTY,
which will include a reference to this Agreement, identify the
project, include the CITY's total monthly expenditure for the
PROJECT, and identify the amount due and payable to the CITY.
Invoices shall be itemized in sufficient detail for pre-payment
audit thereof and shall be supported by copies of the corresponding
paid vendor invoices and substantiated proof of payment and
performance. The CITY shall supply any further documentation
deemed necessary by the COUNTY. Invoices received from the CITY
will be reviewed and approved by the County Engineer's Office,
indicating that expenditures have been made in conformity with this
Agreement and then will be sent to the COUNTY's Finance Department
for final approval and payment. Invoices will normally be paid
within thirty (30) days following approval.
13. The CITY shall maintain adequate records to justify all
charges, expenses, and costs incurred in performing the work for at
least three (3) years after completion of the projects. The COUNTY
shall have access to all books, records, and documents as required
-4-
3
8
9
10
11
12
13
14
15
16
17
18
20
21
22
23
24
25
26
27
28
in this section for the purpose of inspection or audit during
normal business hours.
14. The COUNTY and the CITY agree that no person shall, on
the grounds of race, color, sex, national origin, sexual
orientation, handicap or religion, be excluded from the benefits of
or be subjected to any form of discrimination under any activity
carried out by the performance of this Agreement. The CITY will
ensure that all contracts for the PROJECT executed pursuant to the
terms of this Agreement, will contain a similar non-discrimination
and equal opportunity clause governing the contractor.s activities.
15. The CITY agrees to use its best efforts to achieve M/WBE
participation and fulfill the intent of the COUNTY's M/WBE
Ordinance when contracting for the design and the construction.
16. The CITY recognizes that it is an independent contractor
and not an agent or servant of the COUNTY or its commissioners.- In
the event a claim or lawsuit is brought against the COUNTY, its
officers, employees, servants or agents, the CITY hereby agrees to
indemnify, save, and hold harmless the COUNTY, it officers,
employees, servants or agents and to defend said persons from any
such claims, liabilities, causes of action, and judgements of any
t~e whatsoever arising out of or relating to the performance or
operation of this Agreement. The CITY agrees to pay all costs,
attorney's fees, and e~enses incurred by the COUNTY, its officers,
employees, servants or agents in connection with such claims,
liabilities-or suits. Furthermore, the CITY stipulates that the
extent of the COUNTY.s liability pursuant to this Agreement shall
be limited solely to its payment obligation. Nothing contained
herein, however, shall act as a waiver of any of the CITY or
-5-
1
2
5
6
7
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
GAT~AY BOULEVARD FINANCIAL ~SIST~CE A~EM~NT
COUNTY's immunities provided for
Statutes. The CITY'S aforesaid
in Section 768.28, Florida
indemnity and hold harmless
obligations, or portions or applications thereof, shall apply to
the fullest extent permitted by law but in no event shall they
apply to liability caused by the negligence or willful misconduct
of the County, or it agents, servants, employees or officers.
17. At all times during the term of any contract between the
CITY and a contractor that is executed for the PROJECT, after
execution of this Agreement and pursuant to its terms, said
contractor shall maintain in force Comprehensive General Liability
Insurance, Property Damage Insurance, Worker's Compensation
Insurance, and Vehicle Liability Insurance in the amounts required
in the bid documents and requirements prepared by the CITY. The
COUNTY and the CITY shall be named as additional insured parties to
such insurance. The only exception to this is Paragraph 7 which
has its own term and which may only be revised by mutual agreement
of both the CITY and the COUNTY.
18. All notices required to be given under this Agreement
shall be addressed to:
19.
between
Palm Beach County Department of
Engineering and Public Works
Attn: Assistant County Engineer
Post Office Box 21229
West Palm Beach, Florida 33416-1229
CITy
City Manager
City of Bolrnton Beach
Post Office Box 310
Boynton .Beach, Florida
33425-0310
This Agreement represents the entire understanding
parties, and supersedes all other negotiations,
3
4
5
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
~:~w~~~u~c~ ~;~;?~= ~=~-~
representations, or agreement, either written or oral, relating to
the subject matter of this Agreement.
20. In the event that any portion of this Agreement shall be
held invalid for any reason, such invalidity shall not affect the
remaining portions of this Agreement and the same shall remain in
full force and effect.
21. This Agreement will be governed by all applicable State
and local laws.
IN WITNESS WHEREOF, the parties hereto have executed 'this
Agreement and it is effective on the date first above written.
CITY OF BOYNTON BEACH,
BY IT CITY COMMISSION
MAYOR /// DATE
PALM BEACH COUNTY, FLORIDA BY ITS
BOARD OF COUNTY COMMISSIONERS
ATTEST: ~
By:
DEP~Y ~LERK
APP 9~ ~ LEGAL SUFFICIENCY
( //
//
G: \BOARD\ ~ATEWAY. AGK
-7-