R14-064 II
1 RESOLUTION NO. R14 -064
2
3 i ! A RESOLUTION OF THE CITY COMMISSION OF THE
4 CITY OF BOYNTON BEACH, FLORIDA, APPROVING
5 AND AUTHORIZING THE MAYOR TO SIGN AN
6 i AGREEMENT WITH THE EDUCATION FOUNDATION
7 OF PALM BEACH COUNTY TO PURCHASE TREES
8 AND TO MAKE IMPROVEMENTS TO THE GALAXY
9 SCRUB; AND PROVIDING AN EFFECTIVE DATE.
10
11 WHEREAS, the City of Boynton Beach and the Education Foundation of Palm
12 Beach County share the mission to utilize the Galaxy Scrub to further environmental
13 education, environmental stewardship, environmental research and environmental curricula
14 serving all ages and educational levels; and
15 WHEREAS, the City has been awarded a $10,000.00 Urban and Community
16 Forestry grant and has budgeted an additional $20,000.00 to re- establish the native scrub site
17 by removal of nuisance exotics, re- planting native trees and creating a raised bed seedling
18 nursery in addition to providing hands -on educational opportunities for Galaxy Elementary
19 School students and the public; and
20 WHEREAS, the Agreement specifies the responsibilities of each party; and
21 WHEREAS, upon recommendation of staff, the City Commission has determined
2• that it is in the best interests of the residents of the City to approve the Agreement Between
2 the City of Boynton Beach and the Education Foundation of Palm Beach County to Purchase
2 ( Trees and to Make Improvements to the Galaxy Scrub and authorize the Mayor to sign the
2 Agreement.
2s. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
2 ' THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
2; Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
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1 1 being true and correct and are hereby made a specific part of this Resolution upon adoption
2 hereof.
3 Section 2. The City Commission of the City of Boynton Beach, Florida does
4 hereby approve the Agreement Between the City of Boynton Beach and the Education
5 Foundation of Palm Beach County to Purchase Trees and to Make Improvements to the
6 Galaxy Scrub and authorize the Mayor to sign the Agreement, a copy of which is attached
7 I hereto as Exhibit "A ".
1
8 Section 3. This Resolution shall become effective immediately upon passage.
9
10 PASSED AND ADOPTED this 5 day of August, 2014.
11
12 CITY OF BOYNTON BEACH, FLORIDA
13
14 .- //
15 (AI
16 yor rriT or
17 I
18 \ '
19 �J -. t
20 c Mayor - Joe Casello
21
22
23 ' 1 �-
24 Commissioner – David T. Merker
25 -- - __ -
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26 I °'
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28 om..' _ • : - – AF.TallPr ray
29
30
31 4;libt
32 Commissioner – Michael M. Fitzp trick
33 ATTEST:
34 `" . 11) . - •
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3 �i r 'Y C? t
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Rio -4A)LI
AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND THE EDUCATION
FOUNDATION OF PALM BEACH COUNTY TO PURCHASE TREES AND TO MAKE
IMPROVEMENTS TO THE GALAXY SCRUB
THIS AGREEMENT, made and entered into on the day of
2014 by and between:
CITY OF BOYNTON BEACH, FLORIDA
a Florida municipal corporation
100 E. Boynton Beach Blvd.
Boynton Beach, Florida 33435
(hereinafter referred to as "CITY ")
AND
THE EDUCATION FOUNDATION OF PALM BEACH
COUNTY
a Florida Not for Profit Corporation
3300 Forest Hill Blvd. Bldg E -50 -116
West Palm Beach, Florida 33406
(hereinafter referred to as "FOUNDATION ")
WITNESSETH:
WHEREAS, CITY AND FOUNDATION (hereinafter collectively referred to as the
"Parties ") desire to purchase trees and make improvements to the Galaxy Scrub to re- establish
the native scrub site by removal of the nuisance exotics, re- planting native trees and creating a
raised bed seedling nursery in addition to providing hands -on educational opportunities for
Galaxy Elementary School students and the public (the "Project "); and
WHEREAS, the Parties share the mission to utilize the Galaxy Scrub to further
environmental education, environmental stewardship, environmental research and environmental
curricula serving all ages and educational levels; and
WHEREAS, the FOUNDATION has been awarded a $20,000.00 grant from The
Bachelor Foundation to fund the purchase of trees and to make improvements to the Project; and
WHEREAS, the CITY has been awarded a $10,000.00 Urban and Community Forestry
grant, and has agreed to budget an additional $20,000.00 to re- establish the native scrub site by
removal of the nuisance exotics, re- planting native trees and creating a raised bed seedling
nursery in addition to providing hands -on educational opportunities for Galaxy Elementary
School students and the public; and
WHEREAS, the Parties have negotiated and desire to enter into this Interlocal
Agreement ( "Agreement ") to define the terms and conditions under which the parties will fund
and improve the Galaxy Scrub; and
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WHEREAS, CITY and FOUNDATION have determined that it is mutually beneficial and
in the best interests of the citizens and residents of both Parties to enter into this Agreement.
NOW, THEREFORE, FOR AND IN CONSIDERATION of the mutual covenants and
agreements hereinafter set forth, the Parties hereto agree as follows:
Section 1. The above recitals are true and correct and are incorporated herein.
Section 2. TERM OF AGREEMENT
2.01 This agreement shall be effective upon the approval of both parties, and shall remain in
effect until January 31, 2015, unless earlier terminated pursuant to Section 8 of this
Agreement.
Section 3. DUTIES AND RESPONSIBILITIES OF CITY
3.01 CITY shall budget, appropriate and spend $30,000.00 for the improvement, re-
nourishment and educational components of the Galaxy Scrub Project.
3.02 CITY shall manage the Project and be responsible for contracting and negotiating with all
vendors.
3.03 CITY shall coordinate payment with the FOUNDATION's representative. CITY agrees
that it will identify each budget item that will be paid by each party. CITY agrees that
only expenses that directly relate to the purchase of trees or site improvements shall be
directed to the FOUNDATION.
3.04 CITY shall direct each vendor to invoice the City directly for the budget items relating to
the Urban & Community Forestry Grant and the City's additional funds.
3.05 CITY shall ensure that each vendor agreement specifically states that the expenses related
to the FOUNDATION shall be invoiced directly to the FOUNDATION.
3.06 CITY agrees to take all reasonable efforts to complete the Project by January 31, 2015.
Section 4. DUTIES AND RESPONSIBILITIES OF FOUNDATION
4.01 FOUNDATION shall budget, appropriate, and spend $20,000.00 for the improvement
and re- nourishment of the Galaxy Scrub Project, provided the expenditures are in
accordance with the Batchelor Foundation.
4.02 FOUNDATION shall appoint a Project Representative to work with the CITY's Project
Manager as a point of contact throughout the project.
4.03 FOUNDATION shall agree to pay for improvements to the Project that directly relate to
the purchase of trees or site improvementsas set forth in 3.03.
4.04 FOUNDATION shall be responsible for direct payment to the vendor for the budget
items relating to the Bachelor Foundation grant.
4.05 FOUNDATION shall pay invoices in a timely manner.
4.06 FOUNDATION shall notify the CITY's Project Manager immediately if there is any
problem with the invoices or other concerns.
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Section 5. INDEMNIFICATION, SOVEREIGN IMMUNITY, and INSURANCE
5.01 CITY is a municipal agency as defined in §768.28, Florida Statutes. and agrees to be fully
responsible for the acts and omissions of its agents or employees to the extent permitted by law
while they are employed by the CITY. Nothing herein is intended to serve as a waiver of
sovereign immunity by any party to which sovereign immunity may be applicable. Nothing
herein shall be construed as consent by a state agency or political subdivision of the State of
Florida to be sued by third Parties in any matter arising out of this Agreement.
5.02 The FOUNDATION agrees to be fully responsible for the acts and omissions of its agents or
employees while they are employed by the FOUNDATION. FOUNDATION shall
indemnify and hold harmless CITY, its respective officers, trustees, agents, employees,
servants and instrumentalities, from any and all liabilities, losses or damages including
attorney's fees and costs of defense, which they may incur as a result of claims, demands,
suits, causes of action or proceedings of any kind or nature arising out of, relating to or
resulting from the FOUNDATION's actions or inactions under this Agreement. The
provisions of this indemnification clause and the duty of the FOUNDATION to indemnify
shall survive the expiration or termination of this Agreement.
5.03 CITY is a state agency as defined by §768.28, Florida Statutes. CITY shall furnish
FOUNDATION with written verification of liability protection in accordance with state law
prior to or at the time of execution of this Agreement.
Section 6. PUBLIC RECORDS
6.01 FOUNDATION shall comply with the applicable provisions of Chapter 119, Florida
Statutes. Specifically, FOUNDATION shall:
1. Keep and maintain public records that ordinarily and necessarily would be required by
the CITY in order to perform the service;
2. Provide the public with access to such public records on the same terms and conditions
that the CITY would provide the records and at a cost that does not exceed that provided
in chapter 119, Fla. Stat., or as otherwise provided by law;
3. Ensure that public records that are exempt or that are confidential and exempt from
public record requirements are not disclosed except as authorized by law: and
4. Meet all requirements for retaining public records and transfer to the CITY, at no cost,
all public records in possession of the contractor upon termination of the contract and
destroy any duplicate public records that are exempt or confidential and exempt. All
records stored electronically must be provided to the CITY in a format that is compatible
with the information technology systems of the agency.
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The failure of FOUNDATION to comply with the provisions set forth in this Article shall
constitute a Default and Breach of this Agreement and the other party shall enforce the Default in
accordance with the provisions set forth in Section 8.
Section 7. ASSIGNMENT
7.01 The respective obligations of the parties shall not be assigned, in whole or in part without
the prior written consent of the other party as evidenced by action by its governing body.
Section 8. TERMINATION/DEFAULT
8.01 This Agreement may be terminated by CITY upon thirty (30) calendar days written
notice upon the adoption of a resolution adopted by the governing body of the CITY,
effective upon delivery of a certified copy of the resolution to the FOUNDATION.
8.02 If either party fails to perform or observe any of the material terms and conditions of this
Agreement for a period of ten (10) calendar days after receipt of written notice of such
default from the other party, the party giving notice of default may be entitled, but is not
required, to seek specific performance of this Agreement on an expedited basis. as the
performance of the material terms and conditions contained herein relate to the health,
safety, and welfare of the residents subject to this Agreement. Failure of any party to
exercise its right in the event of any breach by the other party shall not constitute a
waiver of such rights. No party shall be deemed to have waived any failure to perform by
the other party unless such waiver is in writing and signed by the other party. Such
waiver shall be limited to the terms specifically contained therein. This section shall be
without prejudice to the rights of any party to seek a legal remedy for any breach of the
other party as may be available to it in law or equity.
Section 9. COMPLIANCE WITH LAWS
9.01 CITY and FOUNDATION shall comply with all statutes, laws, ordinances, rules,
regulations and lawful orders of the United States of America, State of Florida and of any
other public authority which may be applicable.
Section 10. VENUE, ATTORNEYS FEES, AND COSTS
10.01 Any claim, objection or dispute arising out of the terms of this Agreement shall be litigated
in the Fifteenth Judicial Circuit in and for Palm Beach County, Florida.
10.02 If either party is required to employ the services of an attorney to resolve any dispute or
disagreement arising directly or indirectly from or under this Agreement, to enforce any of
the terms, provisions, covenants or conditions of this Agreement, or remedy any breach of
this Agreement, the prevailing party shall be entitled to recover from the other party the
prevailing party's attorney's & fees charged for such services.
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Section 11. GOVERNING LAW
11.01 The validity, construction and effect of this Agreement shall be governed by the laws of
the State of Florida.
Section 12. ENTIRE AGREEMENT
12.01 This Agreement contains the entire understanding of the parties relating to the subject
matter hereof superseding all prior communications between the parties whether oral or
written, and this Agreement may not be altered, amended, modified or otherwise changed
nor may any of the terms hereof be waived, except by a written instrument executed by
both parties. The failure of a party to seek redress for violation of or to insist on strict
performance of any of the covenants of this Agreement shall not be construed as a waiver
or relinquishment for the future of any covenant, term, condition or election but the same
shall continue and remain in full force and effect.
Section 13. SEVERABILITY
13.01 Should any part, term or provision of this Agreement be by the courts decided to be
illegal or in conflict with any law of the State, the validity of the remaining portions or
provisions shall not be affected thereby.
Section 14. CONTRACT ADMINISTRATORS
14.01 The Contract Administrators for each party shall be as follows:
CITY: Glenda Hall
Forestry and Grounds Manager
City of Boynton Beach
100 E. Boynton Beach Blvd.
Boynton Beach, FL 33435
Telephone (561) 742 -6228
Facsimile (561)
FOUNDATION. Mary Kay Murray
Executive Director
Education Foundation of Palm Beach County, Inc
3300 Forest Hill Blvd. Bldg E -50 -1 16
West Palm Beach, FL 33406
Telephone (561) 357 -7659
Facsimile (561)
Section 16. NOTICES
16.01 Whenever either party desires to give notice to the other, such notice must be in writing
and sent by United States mail, return receipt requested, courier, evidenced by a delivery
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receipt, or by overnight express delivery service, evidenced by a delivery receipt,
addressed to the party for whom it is intended at the place last specified; and the place for
giving of notice shall remain until it shall have been changed by written notice in
compliance with the provisions of this paragraph. For the present, the parties designate
the following as the respective places for giving of notice.
CITY: Lori LaVerriere, City Manager
City of Boynton Beach
100 E. Boynton Beach Blvd.
Boynton Beach, FL 33435
Copy To: James A. Cherof, Office of the City Attorney
Goren, Cherof, Doody & Ezrol, P.A.
3099 East Commercial Boulevard, Suite 200
Fort Lauderdale, Florida 33308
Telephone No. (954) 771 -4500
Facsimile No. (954) 771 -4923
FOUNDATION. Mary Kay Murray
Executive Director
Education Foundation of Palm Beach County, Inc
3300 Forest Hill Blvd Bldg E -50 -116
West Palm Beach, FL 33406
Telephone (561) 357 -7659
Copy To:
Telephone No.
Facsimile No.
REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK
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IN WITNESS WHEREOF, the CITY OF BOYNTON BEACH and the EDUCATION
FOUNDATION OF PALM BEACH COUNTY have caused these presents to be executed in
their respective names by the proper officials the day and year first above written.
CITY OF BOYNTON BEACH a municipal
corporation organized and existing under the laws
of the State of Florida
By:
JERRY TAYLOR, Mayor
ATTEST:
City Clerk
Approved as to form:
City Attorney
THE EDUCATION FOUNDATION OF PALM
BEACH COUNTY
By:
WITNESS
PRESIDENT
WITNESS
Corporate Seal
SECRETARY
STATE OF FLORIDA )
) SS.
COUNTY OF PALM BEACH )
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I HEREBY CERTIFY that on this day before me, an officer duly qualified to take
acknowledgements, personally appeared , as
of , personally known to be the person described in, or
who produced as identification, and who executed the
foregoing and acknowledged before me that (s)he executed the same.
WITNESS my hand and seal in the County and State aforesaid on this day of
, 2014.
My Commission Expires: NOTARY PUBLIC
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Galaxy Scrub Proposed Budget with Bachelor Foundation funding
Cost Items Quantity Rate or Price Grant Cost City Cost Bachelor Funding
Exotic Vegetation
Removal and grading 2 acres $22,779 $5,500 $10,779 $6,500
Gates and Installation
1 each 4' & 12' wide (2) $1,800 $900 $900 $0
Pathway Base $3,000 $0 $0 $3,000
Mulch for pathways $4,000 $0 $2,800 51,200
Mulch Installation $1,000 $0 $0 $1,000
Forms & concrete for
stepping stones 8 stones $59 $0 $59 $0
Plastic liner raised
planter bed (4'x8'x2') 6 $1,400 $0 $1,400 $0
Planting bed supplies
(gloves, trowels,
boses, 1 & 3 gal.
posts, to grow liner
trees,etc.) various $247 $0 $247 $0
Planting soil 30 yds $1,500 $0 $750 $750 '
Informational Kiosk 1 $1,500 $1,500 $0 $0
Printed Scrub
Educational Flyers 500 $50 $0 $50 50
Tree Staking -14 trees 14 $210 $0 $0 $210
Native Vegetation
Liners:
Callicarpa americana
Liatris spicata Licania
mitchauxii Opunita
humlfusa 180 $90 $0 $90 $0
Concrete Walkway
from parkinto scrub $0 $0 $500
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"ter p,,,,;4 ,ii.4,
Hauling of exotic
debris, etc. - 20 yd
dumpsters 20 $7,500 $1,875 $1,875 $0
1
Galaxy Scrub Proposed Budget with Bachelor Foundation funding
Cost Items Quantity Rate or Price Grant Cost City Cost Bachelor Funding
Trees .. , -.
Liner trees @ 1.50 ea
includiing:
Quercus chapmani
Quercus germinate
Quercus myrtfolia
Sable palmetto 50 $75 $0 $75 $0
Large trees (includes
delivery):
Pinus clausa 45 gal 12' 8 $1,596 $0 $675 $921
Quercus geminate
15 gal. 7' 9 $598 $0 $0 $598
Quercus geminate
45 gal. 12' 6 $1,197 $0 $0 $1,197
Quercus myrtifolia 15
gal. 4' 10 $665 $0 $300 $365
Sabal palmetto 15
gal.3' 11 $681 $0 $0 $681
Serenoa repens
15 gal. 3' 10 $532 $225 $0 $307
Gater bags $0 $0 $400
More trees
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,, ,._:;,
Total $10,000 $20,000 $17,629
2