R99-143RESOLUTION R99- ig:~
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 BETVVEEN PALM BEACH COUNTY
(COUNTY) AND THE CITY OF BOYNTON BEACH
(CITY) FOR MAINTENANCE DREDGING OF THE
BOAT CLUB PARK NAVIGATION CHANNEL; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, several years ago the City did maintenance
dredging to an existing channel from Boat Club Park to the Boynton
Inlet at an approximate cost of $80,000, with the next periodic
maintenance dredging scheduled for fiscal year 2001; and
WHEREAS, complaints about the deterioration of the existing
channel have increased; and
WHEREAS, the CiTY staff has recently become aware that the
County is currently in progress with a similar maintenance dredging
project of its own around the Boynton Inlet, and staff has explored the
possibility of a joint venture in order to minimize costs for both parties;
and
WHEREAS, the estimated amount of material to be dredged
from the boat channel is 1,645 cubic yards; and
WHEREAS, the CITY desires to enter into an Intedocal
Agreement with Palm Beach County for maintenance dredging of the
Boat Club Park Navigation Channel with an estimated cost of $18,000,
said funds to be designated from the City Contingency Account;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY
COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA,
THAT:
Section 1. This Commission does hereby authorize and
direct the Mayor and City Clerk to execute an Interlocal Agreement
between Palm Beach County and the City of Boynton Beach for
maintenance dredging of the Boat Club Park Navigation Channel, at
an estimated cost of $18,000, said funds to be designated from the
City Contingency Account.
Section2 That this Resolution shall become effective
immediately upon passage.
PASSED AND ADOPTED this ~ day of()clob~;, 1999.
Vice Mayor
~H, FL,ORIDA
Mayor Pro Tem
C missioner
Commissioner
ATTEST:
~.C' y~lerk
(Corporate Seal)
s: c a~l,~ ~rl,~tr, J~ca I\ B o a t Club
rjr? ,
Dredging
Department of Environmental
Resources Management
5325 Belvedere Road. Building 502
West p~lm Beach FL 33406-1548
(561) 235-2400
FAX: (561) 235-2414
Suncom: 274-240(
www. co.palm;beach fi.us
I
Palm Beach County
Board of County
Coramis~ioners
I laude Ford Lee. Cha/r
Wa)reft H. Newell Vice Chairman
Karen T Marcus
Carol A. Roberts
Mary M¢Carty
Bur~ AarDnson
Tony Viasilotti
Coun~ Administrator
Robert V~elsman
October 19, 1999
Mr. John Wildner, Parks Director
City of Boynton Beach
100 E. Boynton Beach Blvd.
Boynton Beach, FL 33435
Dear Mr. Wildner:
SUBJECT:
BOAT CLUB PARK NAVIGATION CHANNEL - DREDGING
INTERLOCAL AGREEMENT
You have requested that Palm Beach County consider performing maintenance
dredging of the subject channel in conjunction with our planned dredging of the
Ocean Inlet Park Marina area.
Please find enclosed three (3) originals of the interlocal agreement between the
City of Boynton Beach and Palm Beach County for reimbursement of costs
associated with the maintenance dredging of the Boat Club Park Navigation
Channel.
The estimated amount of material to be dredged from the boat channel is 1,645
cubic yards. The estimated cost to the City is $18,000. This cost is based upon
items in the enclosed price agreement with Murphy Construction Company, the
cost for the survey and an estimate of cost for time our staff will be required in
conjunction with the project as outlined in the agreement.
Following approval by your commission, .please have your Mayor sign and seal all
three original agreements. Return all three agreements to Robert Clinger for
further processing by our Board of County Commissioners. We will return one
fully executed copy to you for your records.
If you have any questions, please contact Robert Clinger at (561) 233-2433.
Van Arnam, Deputy Director
dronmental Resources Management
JJB:RWC:dp
ACTION: R SCREEN: PAM~ USERID: RMOR
PRICE AGREEMENT
~A NUMBER= 97219B
DESCRIPTION: MARINE EQUIPMENT WITH CP. EWS,
START DATE: 12 12 1999 END DATE: 12 11 2000
BUYER: 28 FOB POINT: D
RENEWAL IND: N RENEWAL DAYS: 000
TAX cODE: DOCUMENT USAGE: P
10/14/99 11:27:14 AM
MAINTENANCE SCREEN
RENTAL(OLD #97219)(PEP 97219A)
NUMBER OF ORDERS: 0
P. ESTRICTED IND:
LAG DAYS: 000
PG IND: I
AUTHORIZED LIMIT: 70,000.00
ENCUMBEPED AMOUNT: 0.00
EXPENDED AMOUNT: 0.00
CLOSED AMOUNT: 0.00
REMAINING BALANCE: 70,000.00
ACTION: R SCREEN: PVCU USERID: RMOR
10/14/99 11:28:36 AM
PRICE AGREEMENT VENDOR / COMMODITY UPDATE
~%NUMBER= 97219B
~YER: 28 TEXT:
0~-
VENDOR=MURP0001 PHONE: 561-655-3634
NAME: MURPHY CONSTRUCTION COMPANX
CONTACT:
02-
03-
04-
CO~ODIT¥= 97566000000065 DISCOUNT: 0.000 STANDARD SPECS: N
UNIT COST: 375.000000 UNIT: HR INVENTORX IND: N PA IND:
DESCRIPTION: DECK BARGE (INSHORE) W/5 MANCREW & 50TON CRANE ~i
1
CO~ODITY= 97566000000066 DISCOUNT: 0.000 STANDARD SPECS: N
UNIT COST: 1,500.000000 UNIT: EA INVENTORX IND: N PA IND: 1
DESCRIPTION: DECK BARGE (INSHOP. E) CHARGE FOR MOBILIZATION/DEMOBILIZATIO~
COMMODITY= 97566000000067 DISCOUNT: 0.000 STANDARD SPECS: N
UNIT COST: 375.000000 UNIT: HR INVENTORX IND: N PA IND:
DESCRIPTION: ABS LOADING DECK BARGE (OFFSHORE) W/CREW & CRANE
1
COMMODITY= 97566000000068 DISCOUNT: 0.000 STANDARD SPECS: N
UNIT COST: 1,500.000000 UNIT: EA INVENTORY IND: N PA IND:
DESCRIPTION: ABS LOADING DECK BARGE (OFFSHORE) CHG MOBIL/DEMOBILIZATION
1
Palm Beach County
Board o~ County
CommiSsioners
Maucle Ford Lee Chair
n H Newell. Vice Chairman
Karen T Marcus
Carol A Roberts
Mary McCarty
Burr Aaronson
Tony MasHotti
Count~d Administrator
December 23, 1999
Mr. John Wildner, Parks Director
City of Boynton Beach
100 E. Boynton Beach Blvd.
Boynton Beach, FL 33435
Dear Mr. Wildner:
SUBJECT:
BOAT CLUB PARK NAVIGATION CHANNEL - DREDGING
INTERLOCAL AGREEMENT
Please find enclosed a fully executed original intedocal agreement between the
City of Boynton Beach and Palm Beach County for reimbursement of costs
associated with the maintenance dredging of the subject channel. The Board of
County Commissioners approved the agreement at their December 7, 1999
meeting.
We will keep you advised as this project progresses towards construction. At this
point in time, we are still waiting on permit approvals.
If you have any questions concerning this matter, please feel free to contact
Robert Clinger at (561) 233-247. /,~
JJB:RWC:dp
cc: Laura Thompson, Business Manager
SEE Pti 84
30
~2
INTERLOCAL AGREEMENT BETWEEN
PALM BEACH COUNTY
AND THE
CITY OF BOYNTON BEACH
R99 2 k6D
THIS iNTERLOCAL AGREEMENT, which is made and entered into
on the day of DIe 87 ~ , 1999, 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, (the "CITY") each one constituting a public
agency as defined in Part I of Chapter 163, Florida Statutes.
WITNES SETH :
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 separately; 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 Marina area and along the west
seawall north of Island Drive Bridge; and
W~R~AS, the CITY wishes 5o have maintenance dredging
performed in the Boat Club Park Navigation Channel which is located
· n the vicinity of the COUNTY's project; and
W/4_~R~AS, the CITY has expressed an interest to utilizing
the COUNTY's staff to pursue this and the COUNTY's vendor for
performing the maintenance dredging and the COUNTY ~s agreeable to
include the CITY's project as part of its developmen5 and
managemen5 process as well as the conssruction effort; and
NOW, T~R~FOR~, 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.
agreement is
Purpose of the Aqreemens. The purpose of this
to set forth the terms, conditions and obligations of
each of the respective parties hereto for work performed by COUNTY
staff and use of the COUNTY's dredging equipment price agreement
for certain maintenance dredging activities associated with the
Boat Club Park Navigation 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 Boat Club Park
Navigation Channel but rather an agreement for combining
permitting, construction and management efforts for maintenance
dredging of the channel with the COUNTY's maintenance dredging of
their facilities.
2. The Project. The Project shall be the maintenance
dredging of approximately 1645 cubic yards of sand from the Boat
Club Park Navigation Channel, located west of South Lake Worth
Inlet and the placement of said material into a hole within the ICW
in the vicinity of Half Moon Bay as shown on Attachment "B."
3. The Term. The term of this Agreement shall be from
the date first written above, and shall terminate in 2 years. The
Agreement term may be extended upon mutual agreement of both
parties.
2
its permit
management of
facilities.
Obliqations of the COUNTY.
a. The COUNTY shall include the project as part of
application process, construction and construction
the COUNTY'S maintenance dredging of COUNTY'S
b. The COUNTY will utilize the vendor identified
in the COUNTY'S price agreement for dredging equipment that is in
effect at the time the work is performed.
c. The COUNTY shall pay the vendor directly for
Performance of the Project and the CITY shall reimburse the COUNTY
as more fully set forth herein. The COUNTY shall submit a final
invoice to the CITY that includes a reference to this Agreement,
identification of the Project, the total expenditure, and the
amount due and payable by the CITY to the COUNTY. Invoices 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 aclministrative and
technical services in conjunction with the Project.
e. The COUNTY agrees to provide to the CITY
within 60 days of project completion, all contractor deliverables,
surveys as they pertain to the CITY's proportion of the
including
p~oject.
i The COUNTY agrees to maintain adequate records
tO justify all charges and expenses, and costs incurred in
p~rforming the Project for three (3) years after completion. The
C~TY shall have access to all books, records and documents as
required for purposes of inspection or audit during normal business
hours.
5. ' Obliqations of the CITY.
a. The CITY agrees to pay the COUNTY the hourly
dredging costs associated with their project and an amount equal to
the CITY's proportional share of the mobilization/demobilization,
construction management and Project follow-up expenses. The CITY's
proportional share of such expenses shall be calculated by
determining the ratio of the CITY's percentage of actual hourly
3
dredged cosss in relation to the total actual hourly dredge costs
of the COUNTY'S projecs.
b. The CITY agrees fha5 it will be responsible for
promp5 paymen5 (see paragraph 6.a.) ~o the COUNTY for all work
involved with the Projecs.
6. Pa~men~
a Invoices received from the COUNTY will 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. Invoices will
be paid within thirty (30) days following receipt.
b. The COUNTY shall submit all invoices for final
paymen5 under the ~erms of this Agreement no later than ninety (90)
days after completion of the Projec~ follow-up monitoring.
7. ReDavraent. The COUNTY shall use its best efforts to
assist in the recovery of any improper expenditures paid 5o the
contractor, including those discovered after the expiration or
termination of this Agreement. The COUNTY and the CITY agree that
the CITY shall fully participate in all Project close-out
procedures under the Contract. In the event of an improper
expenditure between the COUNTY and the contractor, nothing
contained herein shall act as a limitation of the CITY's right to
be repaid, as a waiver of any rights of the CITY, or as precluding
the CITY from pursuing any other remedy against the contractor
which may be available to it under law or equity.
8. Independent Contractor. The CITY recognizes that
it is an independent contractor and not an agent or servant of the
COUNTY. 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.
4
9. Indemnification. The CITY agrees to protect,
defend, reimburse, indemnify and hold the COUNTY, its agents,
employees and elected officers, and each of them free and harmless
at all times from and against any and all suits, actions, legal or
administrative proceedings, claims, demands, liabilities, interest,
attorney's fees, costs and expenses of whatsoever kind or nature
whether arising in any manner directly or indirectly caused,
occasioned or contributed to in whole or in part, by reason of any
act, omission or fault whether active or passive of the CITY, or
anyone acting under its direction or control, or on its behalf in
c~nnection with or incident to the performance of this Agreement.
The CITY'S aforesaid indemnity and hold harmless obligations, or
pgrtions or applications thereof, shall apply to the fullest extent
p~rmitted by law but in no event shall they apply to liability
c~used by the negligence or willful misconduct of the COUNTY, its
respective agents, servants, employees or officers, nor shall the
l~ability limits set forth in 768.28, Florida Statutes, be waived.
10. Marine Contractor. The COUNTY shall engage the
sgrvices of a licensed marine contractor to perform the Project.
A~ a condition to that contractual relationship, the marine
c~ntractor shall maintain in force all insurance of the types and
iF the amounts required by law and in the COUNTY's bid and/or
c~ntract documents. The CITY shall be named as an additional
ihsured (at its own expense, if any additional expense is required)
o~ all such policies of insurance except for the Worker's
I .
Cgmpensatlon Insurance.
11. Party Representatives. The COUNTY's representative
during the term of this contract shall be Richard E. Walesky, whose
telephone is (561) 233-2400.
The CITY's representative during the term of this
contract shall be John Wildner whose telephone number is (561) 742-
6226.
5
12. Notices. Ail notices required under this con~rac~
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 Boynnon Beach
100 E. Boynmon Beach Blvd.
Boynnon Beach, Fl. 33435
and with a copy
Palm Beach County.DeparEmenu of
Environmental Resources Managemenu
3323 Belvedere Road, Building 502
West Palm Beach, FL 33406-1548
with a copy to:
33401-1989
County Attorney
Palm Beach Counmy
P.O. Box 1989
West Palm Beach, FL
City Attorney
City of Boyn5on Beach
100 E, Boynton Beach Blvd.
Boynton Beach, Fl. 33435
13. Waiver of Breach and Opportunity to Cure. It zs
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. 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 exercising any of its
rights.
14. Entirety of Aqreement. The COUNTY and
concur that this Agreement, together with any exhibits
hereto, sets forth
that there are no
the CITY
attached
the entire Agreement between the parties, and
promises or understandings other than those
stated herein. None of the provisions,
this Agreement may be added to, modified,
alteredl except by written instrument
hereto.
terms or obligations in
superseded, or otherwise
executed by the parties
15. Fundin~ The COUNTY'S performance and obligation
under this contract is contingent upon annual appropriation for its
purpose by the Board of County Commissioners.
16. Enforcement Costs[ 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
6
respective parties, provided, however, that this clause pertains
only to the parties to this agreement.
17. Equal OpDortunity. The COUNTY and the CITY agree
that no person shall, on the grounds of race, color, sex, national
origin, disability, religion, ancestry, 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.
18. Severabilit¥. 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.
19. Termination. Either party may terminate this
contract, with or without cause, by giving thirty (30) days prior
written notice.
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
attested by its
MaYor and its corporate seal to be affixed hereto,
City Clerk, the date and year first above written.
ATTEST:
DOROTHY H. !LERK
Boa~ ~ Cou~
erk
(SEAL)
ATTEST:
PALM BEACH COUNTY, FLORIDA, BY
ITS BOARD OF COUNTY COMMISSIONERS
By:~__
CITY OFBOYNTON BEAC/~
/ / Mayor
AND LEGAL SUFFICIENCY:
By:
Attorney City Attorney
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