Loading...
R96-174 RESOLUTION NO. R96-/~'.,-/Z A RESOLUTION OF THE CITY COMMISSION 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 REGARDING THE DOWNTOWN MANGROVE PARK; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City has recently received bids for the development of the Downtown Mangrove Nature Park, and the best bid for this project is $1,380,000; and WHEREAS, the current available construction dollars through grants and allocated city funds is approximately $767,500; and WHEREAS, based on this shortfall of funds, the City approached Palm Beach County to consider a reallocation of funds from their $25.3 million Park Improvement Revenue Bond to cover this amount; and WHEREAS, negotiations have taken place between city staff and Palm Beach County which resulted in the attached Interlocal Agreement, which will be considered by the Board of County Commissioners at their December 17, 1996, meeting; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The Mayor and City Clerk are hereby authorized and directed to execute the Interlocal Agreement, attached hereto as Exhibit "A", between the City of Boynton Beach and Palm Beach County. Section 2. This Resolution shall become effective immediately upon adoption by the Palm Beach County Board of Commissioners. PASSED AND ADOPTED this ATTEST: City'Clerk day of December, 1996. CITY OF BOYNTON BEACH, FLORIDA Mayqr ,~ce Mayor/./ ~/~..~3m m ~ss mn e~'__,~.___~ Commissioner / INTERLOCAL AGREEMENT BETWEEN PALM BEACH COUNTY AND THE CiTY OF BOYNTON BEACH FOR FUNDING OF DOWNTOWN MANGROVE NATURE PARK DEVELOPMENT THIS INTERLOCAL AGREEMENT is made and entered into this . day of ,~$~ 1 7 !g~1996, by and between PALM BEACH COUNTY, a political subdivi~i%~ ~%he State of Florida, hereinafter referred to as the "COUNTY" and the CITY OF BOYNTON BEACH, a Florida municipal corporation, hereinafter referred to as the "CITY". "' "' '"' "'" R 07 D wetlands located on the Intracoastal Waterway between northeast fourth avenue and northeast sixth avenue in Boynton Beach and said -~'~ lease shall terminate on June 30, 2019; and WHEREAS, the CITY desires to construct a naEure oriented facility at said property, to be known as Downtow// Mangrove Nature Park; and WHEREAS, the CITY has asked the COUNTY to financially participate in the construction of Downtown Mangrove Nature Park, hereinafter referred to as "the Project"; and WHEREAS, the Project represents one such recreation project enumerated in the $25.3 Million Park Improvement Revenue Bond Issue, ~.as modified on December 17, 1996; and WHEREAS, the CITY desires to operate and maintain the Project upon its completion; and WHEREAS, the Project shall be open to and benefit all residents of Palm Beach County; and WHEREAS, Section 163.01, Florida Statutes, permits public agencies 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, both parties desire to increase the recreational opportunities for residents of Palm Beach County and to enter into this Interlocal Agreement. NOW, THEREFORE, in consideration of the mutual covenants, promises and representations contained herein, the parties hereto agree as follows: ORB 9629 -1869 ARTICLE 1: GENERAL Section 1.01 The foregoing recitals are true and correct and are incorporated herein as if fully set forth. Section 1.02 The purpose of this Interlocal Agreement is to enhance recreational opportunities for use by the public and thereby provide a mechanism for the COUNTY to assist the CITY in the funding Of the Project. Section 1.03 The COUNTY will pay to the CITY a total amount not to exceed $675,000 under this Interlocal Agreement for the construction of the Project as more fully described in the Project Description and Master Plan attached hereto and made a part hereof as Exhibit "A". Section 1.04 The CITY agrees to provide funding, including funding obtained from grants, in a total amount of $767,538 or greater to complete the Project. Section 1.05 The COUNTY's representative during the construction of the Project shall be the Director of Parks and Recreation, Palm Beach County Parks and Recreation Department, telephone no. (561) 966-6600. The CITY's representative during the design and construction of the Project shall be Charles Frederick, Director of Parks and Recreation, telephone no. (561) 375-6220. Section 1.06 The CITY shall construct the Project upon property owned by the CITY as more fully described in Exhibit "B" attached hereEo and made a part hereof. Section 1.07 The CITY shall utilize its procurement process for all construction services, design services, and material acquisitions required for the Project. Said procurement process shall be consistent with all federal, state and local laws, rules- and regulations. The COUNTY shall have no contractual obligation to any person retained by the CITY with regard to the Project. Any disputes, claims, or liability that may arise as a result of the CITY's procurement is solely the responsibility of the CITY and the CITY hereby holds the COUNTY harmless for same to the extent permitted by law and subject to the limitations of Chapter 768.28, Florida Statutes. ARTICLE 2: CONSTRUCTION Section 2.01 The CITY shall be responsible for the construction of the Project. The CITY shall construct the Project in substantial accordance with Exhibit "A", (Project Description and Master Plan), attached hereto and made a part hereof, and with all applicable federal, state and local laws, rules and regulations. 2 ORB S &2S) Section 2.02 Prior to the CITY commencing construction of the Project, the CITY shall provide a copy of all plans and specifications along with the associated costs thereof to the COUNTY's Representative for review of same to ensure consistency with the intent of this Interlocal Agreement. Section 2.03 The CITY agrees to totally complete the Project and open same to the public for its intended use within twenty four (2A) months from the date of execution of this Interlocal Agreement by the parties hereto. Upon notification to the COUNTY at least ninety (90) days prior to that date, the CITY may request an extension beyond this period for the purpose of completing the Project. The COUNTY shall not unreasonably deny the CITY's request for said extension. Section 2.0A The CITY shall submit quarterly project status reports to the COUNTY's Representative on or before January 10, April 10, July 10, and October 10 during the construction of the Project. These Quarterly reports shall include but not be limited to, a summary of the work accomplished, problems encountered, percentage of completion, and other information as deemed appropriate by the COUNTY's Representative. ARTICLE 3: FUNDING Section 3.01 The total not to exceed amount as set forth in Section 1.03 hereinabove shall be paid by the COUNTY to the CITY on a reimbursable basis. Any costs incurred in connection with the Project in excess of that amount shall be the sole responsibility of the CITY. Should the total cost of the Project exceed the amount as projected by the CITY, the CITY shall budget and appropriate the excess funds required for completion of the Project. The COUNTY shall not dispense any funds to the CITY for the Project until the CITY has budgeted and appropriated said excess funds for the Project. Section 3.02 The COUNTY shall pay reimbursable costs to the CITY on a quarterly basis from the date of execution of this Interlocal Agreement. For each requested quarterly payment, the CiTY shall provide to the COUNTY's Representative a fully completed and executed Contract Payment Request Form and a Contractual Services Purchase Schedule Form, attached hereto and made a part hereof as Exhibit "C". Said forms shall include information listing each invoice as paid by the CITY and shall include the vendor invoice number; invoice date; and the amount paid by the CITY along with the number and date of the respective check for said payment. The CITY shall attach a copy of each vendor invoice paid by the CITY along with a copy of each respective check and shall make reference thereof to the applicable item listed on the Contractual Services Purchase Schedule Form. Further, the CITY's Project Administrator and Project Financial Officer shall certify the total funds spent by the CITY on the Project and shall also certify that each vendor 3 ORB I invoice as listed on the Contractual Services Purchase Schedule Form was paid by the CITY as indicated. Upon receipt of said forms and prior to payment by the COUNTY, the COUNTY's representative shall visit the Project site to verify and aPprove said reimbursement request. Section 3.03 The COUNTY shall retain not less than ten percent (10%) of the total amount allocated to the CITY for the Project until the CITY completes the Project and the COUNTY receives and approves all documentation as required in accordance with this Interlocal Agreement. The COUNTY shall disburse the final retainage to CITY subsequent to certification by Project Manager that said project is complete. Section 3.04 The CITY shall provide reimbursement to the COUNTY no later following completion of the Project. a request for final than ninety (90) days ARTICLE OWNERSHIP, OPERATION AND MAINTENANCE OF THE PROJECT Section 4.01 Upon completion, the Project shall remain the property of the CITY. The COUNTY shall not be required to pay the CITY any additional funds for any other capital improvement required by or of the CITY. Section 4.02 The CITY hereby warrants and represents that it has full legal authority and financial ability to operate and maintain said Project. The CITY shall be responsible for all costs, expenses, fees and charges, and liability related to the operation and maintenance of the Project. The CITY shall operate and maintain the Project for its intended use by the general public for the term of this Interlocal Agreement as sen forth in Section 5.02 hereinbelow. The CITY shall maintain the Project in accordance with industry standards for such facilities to prevent undue deterioration and to encourage public use. Section 4.03 The rights and duties arising under this Interlocal Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns. The CITY may not assign this Interlocal Agreement nor any interest hereunder without the express prior written consent of the COUNTY. Section 4.04 It is the intent of the COUNTY to issue this funding assistance to the CITY for the purpose set forth hereinabove. In the event the CITY, within the term of this Interlocal Agreement as set forth in Section 5.02 hereinbelow, transfers ownership or management of the Project to a party or parties not now a part of this Interlocal Agreement, other than another governmental entity that agrees to assume, in writing, CITY's obligations hereunder, ORB 9629 the COUNTY retains the right to reimbursement from the CITY for its participation to the full extent of the funding assistance awarded to accomplish the Project. ARTICLE 5: USE OF THE PROJECT Section 5.01 The CITY warrants that the Project shall serve a public recreational purpose and be open to and benefit all residents of Palm Beach County and shall be available thereto on the same cost and availability basis as to residents of the CITY. The CITY shall not discriminate on the basis of race, color, sex, national origin, age, disability, religion, ancestry, marital status or sexual orientation with respect to use of the Project. Section 5.02 The term of this Interlocal Agreement shall commence upon the date of execution of this Interlocal Agreement by the parties hereto and shall terminate on June 30, 2019. The CITY shall restrict its use of the Project to recreational purposes only unless otherwise agreed to in writing by the parties hereto. Section 5.03 The CITY shall affix a permanent plaque or marker in a prominent location at the completed Project indicating that the COUNTY was a contributor to the development of the Project. Said plaque or marker shall include the County seal and a list of County Commissioners, unless otherwise directed by the COUNTY's Representative. ARTICLE 6: ACCESS AND AUDITS The CITY shall maintain adequate records to justify all charges, expenses, and costs incurred in estimating and performing the design and construction of the Project for at least three (3) years after the end of the fiscal year in which the final payment is released by the COUNTY, except that such records shall be retained by the CITY until final resolution of matters resulting from any- litigation, claim, or special audit that starts prior to the expiration' of the three (3) year period. The COUNTY reserves the right, upon reasonable request and during normal business hours, to inspect said Project and shall have access to such books, records, and documents as required in this section for the purpose of inspection or audit. ARTICLE 7: NOTICES Any notice given pursuant to the terms of this Interlocal Agreement shall be in writing and hand delivered or sent by Certified Mail, Return Receipt Requested. following: Ail notices shall be addressed to the 5 As to the COUNTY: 0~.~, 9629 Director of Parks and Recreation Palm Beach County Parks and Recreation Department 2700 Sixth Avenue South Lake Worth, FL 33461 As to the CITY: Director of Parks and Recreation Boynton Beach Parks and Recreation Department P.O. Box 310 Boynton Beach, FL 33425 ARTICLE 8: TERMINATION FOR NON-COMPLIAnCE The COUNTY may terminate this Interlocal Agreement upon written notice to the CITY for non-compliance by the CITY in the performance of any of the terms and conditions as set forth herein and where the CITY does not cure said non-compliance within ninety (90) days of receipt of written notice from the COUNTY to do so. Further, upon written notice, the CITY shall reimburse to the COUNTY any funds provided to the CITY pursuant to this Interlocal Agreement, either in whole or in part as determined by the COUNTY. Reimbursement is limited to material breaches which prevent the operation of the project for its intended recreational purpose as referenced herein. ARTICLE 9: ENFORCEMENT COSTS In the event that any action, suit or proceeding is commenced with respect to the interpretation or enforcement of this Interlocal Agreement, the prevailing party in such action, suit, or proceeding shall be entitled to recover all costs, expenses and fees including, without limitation, reasonable attorney's fees, incurred by such party in connection therewith in addition to any other relief to which such party or parties may be entitled. ARTICLE 10: REMEDIES This Interlocal Agreement shall be governed by the laws of the State of Florida. Any and all legal action necessary to enforce the Interlocal 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. The parties hereto may pursue any and all actions available under law to enforce this Interlocal ORB 9629 P-_=. t. 874 Agreement including, but not limited to, actions arising from the breach of any provision set forth herein. ARTICLE 11: FILING A copy of this Interlocal Agreement shall be filed with the Clerk of the CirCuit Court in and for Palm Beach County. ARTICLE 12: INDEMNIFICATION Within the extent permitted by law, the CITY shall indemnify and hold COUNTY harmless from and against any and all loss, suit, action, legal or administrative proceeding, claim, demand, damage, liability, interest, attorney's fee, cost and/or expense of whatsoever kind or nature arising in any manner directly or indirectly related to the performance of this Interlocal Agreement. However, the CITY does not indemnify the COUNTY from and against any and all loss, suit, action, legal or administrative proceeding, claim, demand, damage, liability, interest, attorney's fee, cost and/or expense due to the COUNTY's sole error, negligence or willful misconduct. The liability limits set forth in Section 768.28, Florida Statutes, shall not be waived. ARTICLE 13: INSURANCE CITY shall, during the term of this Interlocal Agreement and any extension hereof, maintain in full force and effect self insured or Commercial General Liability insurance, including Contractual Liability and Completed Operations Liability, in the amount specified in Section 768.28, Florida Statutes, to specifically cover all exposures associated with the Project and terms and conditions of this Interlocal Agreement. In addition, at all times during construction of the Project, CITY shall maintain or shall have maintained, to the extent available, Builders Risk Insurance in the amount equal to the total construction cost of said Project. Further, CITY shall, upon completion of construction, maintain, to the extent available, Property Insurance (All-Risk) to include fire, wind, storm and flood damage (if in a mandatory flood zone) in an amount sufficient for the total replacement of the Project. Prior to the commencement of construction the CITY shall provide Certificates of Insurance evidencing insurance coverage as required hereunder. All insurance to be maintained by the CITY shall, where permitted by law, specifically include the COUNTY as an "Additional Insured" and shall also provide that no material change or cancellation of the insurance shall be effective without thirty (30) days prior written notice to the COUNTY's Representative. Compliance with the foregoing requirements shall not relieve the CITY of its liability and obligations under this Interlocal Agreement. In the event of a loss, all insurance proceeds shall be used for restoration of the loss, unless otherwise agreed by the parties hereto. ARTICLE [~: CADTIO~ · he captions and section designations herein set Eorth are for convenience only and shall h~e no substantive meaning. ARTICLE 15: SEVERABILITY If any term or provision of this Interlocal Agreement, or the application thereof to any person or circumstance, shall to any extent be held invalid or unenforceable, the remainder of this Interlocal Agreement, or the application of such term or provision, to any person or circumstance other than those as to which it is held invalid or unenforceable, shall not be affected, and every other term and provision of this Interlocal Agreement shall be deemed valid and enforceable to the extent permitted by law. ARTICLE 16: ENTIRETY OF AGREEMENT This Interlocal Agreement represents the entire understanding between the COUNTY and the CITY, and supersedes all other negotiations, representations or agreements, either written or oral, relating to this Interlocal Agreement. None of the provisions, terms and conditions contained in this Interlocat Agreement may be added to, modified, superseded or otherwise altered, except by written instrument executed by the parties hereto. IN WITNESS WHEREOF, the parties have caused this Interlocal Agreement to be executed on the day and year first above written. ATTEST: PALM BEACH COUNTY, FLORIDA BY ITS DOROTHY H. WILKEN, CLERK BOARD OF COUNTY COMMISSIONERS D~ puty Cler~ ~,, ~%~ =e~ ~,O?, ~h~[ir ' -~/ ~~ ATTEST. ~ ~ ~ % ,~TY OF BORON BEACH tCounty Attorney Ci~ Attor~ e~ 8 Grantee PALM BEACH COUNTY PAR~:~ AND RECREATION DEPARTMENT CONTRACT PAYMENT REQUESToRB (Project) Request Date 9629 EXHIBIT C Billing # Billing Period Item Consulting Services Contractual Services Materials, Supplies, Direct Purchases Grantee Stock Equipment, Furniture TOTAL PROJECT COSTS Certification: I hereby certify that the above were incurred for the work identified as being accomplished in the attached progress reports. PROJECT PAYMENT SUMMARY Project Costs Cummulative This Billing Project Costs Total Project Costs Certification: I hereby certify that the documen- tation has been maintained as required to support the project expenses reported above and is avail- able for audit upon request. Administrator/Date Financial Officer/Date PBC USE ONLY County Funding Participation Total Project Cost Total project costs to date County obligation to date County retainage ( %) County funds previously disbursed Co~Jnty funds due this billing Reviewed and Approved by: $ $ $ $. ( ( $ PBC Project Administrator/Date Department Director/Date 1 OF2 ORB Exhibit A 9629 P~ ~ 876 / / (.,ANAL L ~ P~- I OBSERVATION TO ' )DOWNTOWN MANGR()VE NATURE PAR.~~-. .< .7 OR~ ~&2~ Pg ~t Downtown Mangrove Nature Park is a unique environmental education park located in a large mangrove preserve next to the Intracoastal Waterway in downtown Boynton Beach. The park has been designed within the strict constraints of an environmental permit which restricts the use of mechanical equipment and strictly limits the allowed environmental impacts. The "park" is actua ly a one third mile long elevated walkway which snakes its way along the centerlines of a grid of twenty foot wide "mosquito canals" which cn'sscross the site. The project constra~'nts lead to the creative solution of "factory built" aluminum deck and railing system. These twenty foot long sections are to be trucked to the site and "manhandled" into place, to be bolted to a hand driven pin pile _foundation. The park has parking, restroom facilities, an elevated observation tower located in the manqrove canopy at the Intracoastal Waterway and a series of meetinq platforms which serve as locations for the interpretive educational parcels. This interpretive educational package relates to the mangrove ecosystem, including the required mangrove mitigation project and mans impact on the mangrove ecosystem. Spaced out along the walkway, at the entry plaza, meeting platforms and observation deck will be a series of educational opportunities. Interpretive material which relate to the surroundings will cover the following topics; · Orientation and Park Rules, Florida's Mangrove Ecosystem, Uplands and Water Quality · Mangrove Plant Community · Mangroves and their Associated Animal Life · Mangroves and their Associated Marine Life · Mans relationship to the Mangrove Ecosystem · Mangrove Restoration The area has abundant plants, birds and animals which can be seen close up. Due to be completed in 1997, Downtown Mangrove Nature Park will provide an exciting one of a kind educational/entertainment experience, provided the mosquitoes, snakes and gators don't get you! LEGAL DESCRIPTION EXHIBIT B A parcel of land being all of Lots 5, 12, 21 and 22, and also being portions of Lots 6 and 11 of plat of "SUBDIVISION OF THE S.W. 1/4 OF THE S.W. 1/4 OF SEC. 22 AND THE N.W. 1/4 OF THE N.W. 1/4 OF SEC. 27 OF T.45S. R.43E." (for convenience to be hereinafter referred to as "DEWEY SUBDIVISION") as recorded in Plat Book i, Page 37 of the Public Records of Palm Beach County, Florida being in Section 22, Township 45 South, Range 43 East, City of 8oynton Beach, Palm Beach County, Florida being more particularly described as follows: ConTnencing at the Southwest corner of said Section 22; thence North 89°55'53'' East along the South line of said Section 22, a distance of 682.56 feet; thence North 01°32'24'' West, a distance of 325.69 feet to the Southwest corner of said Lot 22 and the POINT OF BEGINNING of this description; thence North 01°32'24" West along the West line of said Lot 22, a distance of 315.69 feet to the Northwest Corner of said Lot 22; thence North 01°32'24" West along the Northerly extension of the said West line of Lot 22, a distance of 20.01 feet to the Southwest corner of said Lot ll; thence North 89°59'15'' East along the South llne of said Lot ll, same line also being the North llne of a strip of land lying between said Lots ll and 22 as shown on said "DEWEY SUBDIVISION", said strip of land being 20.00 feet in width as shown on survey entitled "Boundary Survey Prepared For & Certified to: ST. MARK'S CATHOLIC CHURCH" by O'Brlen, Suiter & O'Brien, Inc., order no. 83-165db, dated May 5, 1983 and last revised November 7, 1984, a distance 117.59 let to a point of intersection with a chain link fence; thence North 00°20'16" West along said chain link fence, a distance of 288.85 feet to a change of direction in said chain link fence; thence North 03°13'14'' East along said chain link fence, a distance of 27.94 feet to a change of direction in said chain link fence; thence North 03°02'01'' West along said chain link fence and the Northerly extension thereof, a distance of 160.58 feet; Thence North 89°57'22'' West along the Easterly extension of the cen- terline of Northeast 6th Avenue, a distance of 121.71 feet to a point of intersection with the East line of plat of "CIVIC CENTER SUBDIVISION" as recorded in Plat Book 12, Page 68 of-the said Public Records; thence North 01°31'52'' West along the said East line of "CIVIC CENTER SUBDIVISION", same llne also being the West llne of said Lot 6 of "DEWEY SUBDIVISION" a distance of 143.99 feet to the Northwest corner of said Lot 6; thence South 89°57'22" East along the North line of said Lots 5 and 6, same line also being the South line of a strip of land lying North of said Lots 5 and 6 as shown on said "DEWEY SUBDIVISION", said strip of land being 20.00 feet in width as shown on said survey by O'Brlen, suiter & O'Brien, Inc., a distance of 677.04 feet to the Northeast corner of said Lot 5; thence South 01°47'02" East along the East lines of said Lots 5 and 12, a distance of 620.79 feet to the Southeast corner of said Lot 12; thence South 01047'02'' East along the Southerly extension of the said East lines of Lots 5 and 12, a distance of 20.01 feet to the Northeast corner of sai~ Lot 21;. thence South 01047'02'' East along the East line of said Lot 21, a distance 315.40 feet to the Southeast corner of said Lot 21; thence South 89057'34'' West along the South lines of said Lots 21 and 22, a distance of 681.19 feet to the POINT OF BEGINNING; ORB 9629 P~ ~ ~79 LESS the following described 20.00 foot wide strip of land lying South of said Lots 11 and 12 and North of said Lots 21 and 22 as shown on said "DEWEY SUBDIVISION" and said survey by O'Brlen, Suiter & O'Brien, Inc. being more particularly described as follows: BEGINNING at the said Northwest corner of Lot 22; thence North 01°32'24'' West along the said Northerly extension of the West line of Lot 22, a distance of 20.01 feet to the said Southwest corner of said Lot ll; thence North 89°5g'15'' East along the said South lines of Lots 11 and 12, a distance of 679.77 feet to the Southeast corner of said Lot 12; thence South 01047'02'' East along the said Southerly extension of Lot 12, a distance of 20.01 feet to the said Northeast corner of Lot 21; thence South 89°59'15'' West along the said North lines of Lots 21 and 22, a distance of 679.85 feet to the said Northwest corner of Lot 22 and the POINT OF BEGINNING. Containing 13.26 Net Acres, more or less, (Not including LESS parcel). Subject to existing Easements, R~ghts-of-Way, Restrictions and Reservations of Record. Ufl'30 1992 T' ¥.