Loading...
R05-171 " 1 2 3 4 5 6 7 8 9 10 11 12 13 14 RESOLUTION R05- 1'1 ( A RESOLUTION 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 FOR THE INSTALLATION AND MAINTENANCE OF AN INFORMATION KIOSK AT BOAT CLUB PARK; AND PROVIDING AN EFFECTIVE DATE. \VHEREAS, Palm Beach County Department of Environmental Protection is 15 installing information kiosks near high-use boat ramps for public education in local manatee 16 protection, speed zones, seagrass locations and Lake Worth lagoon restoration activities at 17 various locations throughout Palm Beach County; and 18 \VHEREAS, a kiosk has been recommended for placement at Boat Club Park. 19 20 21 22 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "WHEREAS" clauses are true and correct and hereby 23 ratified and confirmed by the City Commission. 24 Section 2. The City Commission does hereby authorize and direct the Mayor and 25 City Clerk to execute an Interlocal Agreement between Palm Beach County and the City of 26 Boynton Beach, for the installation and maintenance of an information kiosk at Boat Club 27 Park, a copy of which Interlocal Agreement is attached hereto as Exhibit "A." 28 Section 3 That this Resolution shall become effective immediately upon passage. 29 s:\c A \RESO\Agreements\Interlocals\ILA -Boat Club Park Kiosk.doc II 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 i 24 i 25 i 26 27 28 29 PASSED AND ADOPTED this L day of October, 2005. CITY OF BOYNTON BEACH, FLORIDA ~_. \ L- ( p;, ~~~ Commissioner ATTEST: S:\CA \RESO\.I\greements\Interlocals\ILA -Boat Club Park Kiosk.doc 2 ~05- "1 INTERLOCAL AGREEMENT ~ This A~eement is made and entered into this I { day of ()J,roBE~ ,2005, between C\ T"i 0 f"Bc::NNT~ ~, a municipality located in Palm Beach County, Florida (hereinafter "City of Boynton Beach") and Palm Beach County, a political subdivision of the State of Florida, (hereinafter "County"), each one constituting a public agency as defined in Part 1 of Chapter 163, Florida Statutes. WITNESSETH WHEREAS, Section 163.01, Florida Statutes, known as the "Florida Interlocal Cooperation Act of 1969" authorizes local governments to enter into intergovernmental agreements 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 which such agencies share in common and which each might exercise separately; and WHEREAS, the County desires to install informational kiosk(s) as shown on Exhibit "A" (hereinafter "Project"), attached hereto and incorporated herein by reference, at or near high-use boat ramp(s) and/or other location(s) for public education on local manatee protection speed zones, seagrass locations and Lake Worth Lagoon restoration activities; and WHEREAS, the City of Boynton Beach (a) owns or controls the Project property and is authorized to grant access and use as provided herein, (b) desires to cooperate with the County on this Lake Worth Lagoon public outreach program, and (c) desires to grant the County, its officers, employees and agents access to and use of the property for the Project; and WHEREAS, the installation and maintenance of the kiosk(s) will provide a public and environmental benefit. NOW, THEREFORE, in consideration of the mutual representations, terms, and covenants hereinafter set forth, the parties hereby agree as follows: 1. The above recitals are true, correct and incorporated herein. 2. The County shall install informational kiosk(s) at the location(s) indicated on Exhibit "A". The County shall maintain each kiosk and re-stock the informational kiosk(s) with educational brochures and poster(s). 3. The City of Boynton Beach authorizes the County and its officers, employees and agents to install and maintain the Project. However, the City of Boynton Beach is responsible for all local permits for the installation of the kiosk(s). 4. The County shall be responsible for Project installation and maintenance costs during the term of this Agreement, subject to annual funding appropriation (or this purpose by the Board of County Commissioners of Palm Beach County. 5. The kiosk(s) shall remain the property of the City of Boynton Beach after termination or expiration of this Agreement. After termination or expiration of this Agreement, County shall no longer be responsible for maintaining or re-stocking the kiosk(s). The City of Boynton Beach assumes all liability for the kiosk(s) after termination or expiration of this Agreement. 6. Without waiving the right to sovereign immunity as provided by Section 768.28, Florida Statutes, the City of Boynton Beach and County acknowledge to be self-insured for General Liability and Business Auto Page 1 Liability under Florida sovereign immunity statutes with coverage limits of $100,000 Per Person and $200,000 Per Occurrence; or such monetary waiver limits that may change and be set forth by the Legislature. In the event the City of Boynton Beach maintains third-party Commercial Genesal Liability and Business Auto Liability in lieu of exclusive reliance of self-insurance under Section 768.28, Florida Statutes, the City of Boynton Beach shall agree to maintain said insurance policies at limits not less than $500,000 combined single limit for bodily injury or property damage and endorse the County as an Additional Insured for Commercial General Liability. The City of Boynton Beach and County agree to maintain or to be self-insured for Worker's Compensation & Employer's Liability insurance in accordance with Florida Statute 440. The County shall require its agent(s) performing work on the Project to maintain insurance, including Worker's Compensation and Employer's Liability, compliant with County procurement guid<::Iines. The County shall require its agent(s) on the Project to endorse the City of Boynton Beach and the County as an Additional Insured for Commercial General Liability. 7. Each party shall be liable for its own actions and negligence and, to the extent permitted by law, County shall indemnify, defend and hold harmless the City of Boynton Beach against any actions, claims, or damages arising out of County's negligence in connection with this Agreement, and the City of Boynton Beach shall indemnify, defend and hold harmless County against any actions, claims, or damages arising out of City of Boynton Beach's negligence in connection with this Agreement. The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond or alter the limits set for in Florida Statutes Section 768.28, nor shall the same be construed to constitute agreement by either party to indemnify the other party for such other party's, or any third party's negligent, willful or intentional acts or omissions. This indemnification provision shall survive the termination or expiration of this Agreement. 8. This Agreement shall be effective on the date of execution of the Agreement by both parties for a period of five (5) years, unless otherwise terminated as provided herein. This Agreement may be terminated by either party upon thirty (30) days written notice by the terminating party to the other party. 9. The County's representative is: Department of Environmental Resources Management, Attn: Director, 3323 Belvedere Road, Building 502, West Palm Beach, FL 33406 Phone(561)233-2400 Fax: (561) 233- 2414. 10. The City of Boynton Beach representative is: 11. The County and City of Boynton Beach agree that this Agreement sets for the entire agreement between the parties, and that there are no promises or understandings other than those stated herein. This Agreement may be amended only by written document fully executed by both parties. 12. 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. 13. In the event that any section, paragraph, sentence, clause or provision hereof is held by a court of competent jurisdiction to be invalid, such shall not affect the remaining portions of this Agreement and the same shall remain in full force and effect. (The remainder of this page is intentionally left blank) Page 2 IN WITNESS WHEREOF, the Board of County Commissioners of Palm Beach County, Florida has. made and executed this Agreement on behalf of the County and Grantee has hereunto set his/her hand the day and year above written. City of Boynton Beach (ljll'ater control/drainage district: A CORPORATION UNDER THE L WS F THE STATE OF FLORiDA) By: Title Date KURT BRESSNER CITY MANAGER BOYNTON BEACH. Fl Its. [Title] Federal Tax I.D. #.' (Corp. Seal) WITNESS: By: Name Date i_~ r\. ~ ~ V\.,- L 0 1,) os. PALM BEACH COUNTY, FLORIDA FOR ITS BOARD OF COUNTY COMMISSIONERS By: Robert Weisman Date County Administrator OR Richard E. Walesky, Director, Department of Environmental Resources Management APPROVED AS TO FORM AND LEGAL SUFFICIENCY: By: Assistant County Attorney Page 3 EXHIBIT A PROJECT DESCRIPTION AND MAP An educational kiosk will be installed at the approximate location as noted on the map below: Page 4 CITY CLERK'S OFFICE MEMORANDUM TO: Jody Rivers Parks Superintendent FROM: Janet M. Prainito City Clerk DATE: October 11, 2005 RE: R05-171 - Interlocal Agreement with PB County for the installation and maintenance of an information kiosk at Boat Club Park Attached for your information and processing are two original agreements stated above that were approved by the City Commission at their meeting on October 5th. Please transmit the attached documents for execution by the County and request that one original be returned to the City Clerk's Office for retention in our Central File. Thank you. (t.-r-m. p~ Attachments (2 Original Contracts) S:\CC\WP\AFTER COMMISSION\Departmental Transmittals\200S\lody Rivers - Interlocal Agreement for kiosk at Boat Club Park - ROS-171.doc