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R06-103 f f 1 2 3 4 5 6 7 8 9 10 11 12 RESOLUTION R06- 102> 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 THE SCHOOL BOARD OF PALM BEACH COUNTY FOR ENHANCED LANDSCAPING AND FENCING A CONGRESS MIDDLE SCHOOL; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the School Board is modernizing Congress Middle School 13 with a completion date of August, 2006; and 14 WHEREAS, the School Board and the City share the use of the facilities 15 under an existing mutual use agreement; and 16 WHEREAS, the City of Boynton Beach has offered and the School Board 17 has agreed to allow City to contribute to the enhanced amenities at the City's 18 expense by entering into this lnterlocal Agreement; 19 NOW, THEREFORE, BE IT RESOL VED BY THE CITY 20 COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 21 Section 1. The foregoing "Whereas" clauses are hereby ratified and 22 confirmed as being true and correct and are hereby made a specific part of this 23 Resolution upon adoption hereof. 24 Section 2. The City Commission does hereby approve, authorize and direct 25 the Mayor and City Clerk to execute the Interlocal Agreement between the City and 26 School Board of Palm Beach County for Enhanced Landscaping and Fencing at 27 Congress Middle School, a copy of which is attached hereto as Exhibit "A". S:\CA\RESO\Agreements\lnterlocals\lnterlocal - School Board - Congress Middle landscaping.doc " Section 3. That this Resolution shall become effective immediately upon 2 passage. PASSED AND ADOPTED this ~ day of June, 2006. 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 ATTEST: ~ 1n.~ C' y Clerk CITY OF BOYNTON BEACH, FLORIDA // Commissioner - S:\CA\RESO\Agreements\lnterlocals\lnterlocal - School Board - Congress Middle landscaping.doc R Ole, - 103 INTERLOCAL AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND THE SCHOOL BOARD OF PALM BEACH COUNTY, FLORIDA FOR ENHANCED LANDSCAPING AND FENCING AT CONGRESS MIDDLE SCHOOL THIS AGREEMENT is entered into this /3 day of j un e..., ,2006, between THE CITY OF BOYNTON BEACH, a municipal corporation of the State of Florida (hereinafter referred to as "City"), and the SCHOOL BOARD OF PALM BEACH COUNTY, FLORIDA, a corporate body politic pursuant to the Constitution of the State of Florida (hereinafter referred to as "School Board"). WITNESSETH: WHEREAS, the School Board is modernizing Congress Middle School (hereinafter referred to as "School"); with a completion date scheduled for August 2006; and WHEREAS, the City has offered to upgrade the landscaping and fencing at the School to provide for a pleasing environment; and WHEREAS, the School Board has agreed to allow the City to contribute to the enhanced amenities at the City's expense; and WHEREAS, the School Board and the City share the use of the facilities under an existing mutual use agreement; and WHEREAS, it is the intent of Part 1 of Chapter 163, Florida Statutes (The Florida Interlocal Cooperation Act), to encourage cooperation between local government units in the provision of services and facilities for the needs of local communities; and WHEREAS, the School Board and the City deem that it is necessary and appropriate to cooperate with each other by entering into this Interlocal Agreement. NOW, THEREFORE, for and in consideration of the mutual benefits herein contained, the parties agree as follows: 1. Recitals. The foregoing recitals are true and correct and are incorporated herein as is fully set forth. All exhibits to this Agreement are hereby deemed a part hereof. The dates set forth may be extended by the mutual consent of the parties. 2. Purpose. The purpose of this Interlocal Agreement is to enhance the landscaping and fencing at Congress Middle School to improve the appearance of the School along one of the City's major corridors. 3. Termination. In the event this Agreement has not been executed by August 2009, the School Board shall revert back to its typical landscape standards. These landscaping standards can be found in the State Requirements for Education Facilities (SREF) Chpt. 5, Sec. 5(3)(a) 4. ObliQations of the School Board. A. The School Board will fund the planning, design, purchase and installation of landscape materials and a black vinyl coated fence that will run along the perimeter buffer of Congress Middle School as a part of the Congress Middle School construction project, as shown on the Phase I Planting Plan, Sheet No. L2.0 dated September 7, 2004, attached and made part hereof as Exhibit "A. " B. The School Board shall be responsible for the normal maintenance of the landscape improvements funded by the City. 5. ObliQations of the City of Boynton Beach. The City agrees to provide the School Board funding for the documented cost of the Project, in an amount not to exceed $ , provided in Exhibit "S". The City shall pay to the School Board the amount reflected in invoices submitted to the City and will use its best efforts to provide reimbursement to School Soard within forty-five (45) days of receipt of the following information: (i) A written statement that the work has been completed; and (ii) School Soard shall attach a copy of each vendor invoice paid by School Board along with a copy of the respective School Board check or check voucher. 6. Replacement. In the event all or a portion of the landscape improvements or black vinyl coated fence are damaged due to a natural disaster, the School Board shall not be responsible for the replacing any improvements originally funded under this Interlocal Agreement. C:\Documents and Settings\PrainitoJ\Local Sellings\Temporary Internet Files\OLK1 04\Congress Middle Landscaping ILA-1.doc 2 7. Recoqnition of Liability. The School Board and the City recognize their respective liability for certain tortious acts of their agents, officers, employees, and invitees, and agree to be responsible respectively for all claims, liability, losses, and/or causes of action that may arise from any negligent act or omission due to the acts of its agents, servants, or employees, to the extent and limits provided by law, said governmental entities subject to the limits provided in Section 768.28, Florida Statutes, the State of Florida's partial waiver of Sovereign Immunity; provided, however, that this provision shall not be construed as a waiver of any right or defense that the governmental entities have under said statute. Each party covenants to maintain sufficient professional, general liability, and worker's compensation coverage, unless self-insured, regarding its respective liability, throughout the term of Agreement. 8. Other Aqreements. The City and the School Board agree to cooperate with each other and execute any and all documents or agreements necessary to effectuate this Agreement for the purposes stated herein. 9. Modification. Any modifications to this Agreement shall be In writing and approved by the parties' respective governing bodies. 10. Notice. All notices to be given or delivered by or to any party hereunder shall be given in writing and shall be (as elected by the party giving such notice) hand delivered by a messenger, courier service, or Federal Express, or alternately shall be sent by United States Certified Mail with return receipt requested. The effective date of any notice shall be the date of delivery of the notice if by personal delivery, courier service, or Federal Express, or if mailed, upon the date which the return receipt is signed or delivery is refused or the notice designated by the postal authorities as non-deliverable, as the case may be. The parties hereby designate the following as the addresses to which notices shall be delivered: City: City Manager City of Boynton Beach 100 East Boynton Beach Boulevard P.O. Box 310 Boynton Beach, FL 33425 C\Documents and Sellings\PrainitoJ\Local Settings\Temporary Internet Files\OLK104\Congress Middle Landscaping ILA-1.doc 3 With a copy to: School Board: With a copy to: 11. Bindinq Effect. City Attorney City of Boynton Beach 100 East Boynton Beach Boulevard P.O. Box 310 Boynton Beach, FL 33425 Arthur Johnson, Ph.D., Superintendent School Board of Palm Beach County, Florida 3300 Forest Hill Boulevard West Palm Beach, FL 33406 Chief Counsel School Board Legal Services Department 3300 Forest Hill Boulevard West Palm Beach, FL 33406 Planning Department Intergovernmental Relation Section 3300 Forest Hill Boulevard, Suite C-110 West Palm Beach, FL 33406-5813 All terms and provisions of the Agreement shall be binding, inure to the benefit of, and be enforceable by the parties and their legal representatives, successors, and assigns. 12. Headinqs. Headings herein are for the convenience of reference only and shall not be considered on any interpretation of this Agreement. 13. Exhibits. Each exhibit referred to in this Agreement forms an essential part of this Agreement. The exhibits, if not physically attached, should be treated as part of this Agreement and are incorporated herein by reference. 14. Waiver. Failure of the City or School Board to insist upon strict performance of any covenant or condition of this Agreement, or to execute any right herein contained, shall not be construed as a waiver or relinquishment for the future of any such covenant, condition, or right, but the same shall remain in full force and effect. C:\Documents and Settings\PrainitoJ\Local Settings\Temporary Internet Files\OLK 1 04\Congress Middle Landscaping ILA-1doc 4 15. Legal Representation. It is acknowledged that each party to this Agreement had the opportunity to be represented by counsel in the preparation of this Agreement, and accordingly, the rule that a contract shall be interpreted strictly against the party preparing same shall not apply herein due to the joint contributions of both parties. 16. Joint Defense. In the event that the validity of this Agreement is challenged through legal proceedings or otherwise, the parties agree to cooperate with each other in defense of this Agreement, with each party to bear its own attorney's fees and costs associated with such defense. 17. Severability. If any provisions of this Agreement shall be held illegal, inoperative, or unenforceable in any context, said provisions shall not effect any other provisions of the Agreement or render other provisions invalid, inoperative, or unenforceable. 18. No Third-Party Beneficiary. This Agreement is made solely and specifically among and for the benefit of the parties hereto, and their respective successors and assigns subject to the express provisions hereof relating to successors and assigns, and no other person shall have any rights, interest, or claims hereunder or be entitled to any benefits under or on account of this Agreement as a third-party beneficiary or otherwise. 19. Remedies. Each party hereto recognizes and agrees that the violation of any term, provision, or condition of this Agreement may cause irreparable damage to the other parties which may be difficult to ascertain, and that the award of any sum of damages may not be adequate relief to such parties. Each party, therefore, agrees that, in addition to other remedies available in the event of a breach of this Agreement, any other party shall have a right to equitable relief, including, but not limited to, the remedy of specific performance. 20. Counterpart Siqnatures. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original but all of which together will constitute one and the same instrument. C:\Documents and Sellings\PrainitoJ\Local Settings\Temporary Internet Files\OLK104\Congress Middle Landscaping ILA-1.doc 5 21. Venue/Laws. This Agreement shall be construed in accordance with the laws of the State of Florida. Should any dispute arise out of this Agreement, venue shall lie in Palm Beach County, Florida. 22. Filinq. A copy of this Agreement shall be filed with the Clerk of the Circuit Court in and for Palm Beach County pursuant to Section 163.01(11), Florida Statutes. 23. Time. Time is of the essence with regard to every term, condition, and provision set forth in this Agreement. Time periods herein of less than six (6) days shall in the computation exclude Saturdays, Sundays, and state or national legal holidays, and any time period provided herein which shall end on Saturday, Sunday, or a legal holiday shall extend to 5:00 p.m. of the next business day. IN WITNESS WHEREOF, the parties hereunto have executed this Agreement on the dates set forth below: THE SCHOOL BOARD OF PALM BEACH COUNTY, FLORIDA, as the Governing Body of THE SCHOOL BOARD OF PALM BEACH COUNTY (SEAL) By: Thomas Lynch, Chairman Date: ATTEST: SUPERINTENDENT Reviewed & Approved for Form and Legal Sufficiency: By: Date: School Board Attorney C:\Documents and Settings\PrainitoJ\Local Settings\Temporary Internet Files\OLK104\Congress Middle Landscaping ILA-1doc 6 (SEAL) CITY OF BOYNTON BEACH, FLORIDA BYhr Date: (, -/3 -Db ATTEST: By: Date: C\Documents and Settings\PrainitoJ\Local Sellings\Temporary Internet Files\OLK1 04\Congress Middle Landscaping ILA-1.doc 7 The CitlJ ol BolJnton Beach City Clerk's Office 100 E BOYNTON BEACH BLVD BOYNTON BEACH FL 33435 (561) 742-6060 FAX: (561) 742-6090 e-mail: prainitoj@ci.boynton-beach.fl.us www.boynton-beach.org June 14, 2006 ARTHUR JOHNSON, PH.D., SUPERINTENDENT SCHOOL BOARD OF PALM BEACH COUNTY, FLORIDA 3300 FOREST HILL BLVD. WEST PALM BEACH, FL 33406 Dear Mr. Johnson: Attached is a copy of Resolution No. R06-103 that the City Commission adopted at their regular meeting on June 6, 2006. Also included are two original partially executed Interlocal Agreements between The School Board of Palm Beach County and the City of Boynton Beach for enhanced Landscaping and Fencing at Congress Middle School. Once these Interlocal agreements have been fully executed, please return one original agreement to me for our files. If you have any questions, please do not hesitate to contact me. Very truly yours, CITY OF BOYNTON BEACH ~Yn.p~ ~et M. Prainito, CMC City Clerk Attachments S:\CC\WP\AFTER COMMISSION\Other Transmittal Letters After Commission\2006\PBC School Board Resolution No. R06-103 - Art Johnson.doc America's Gateway to the Gulfstream CITY CLERK'S OFFICE MEMORANDUM TO: Mike Rumpf Planning & Zoning Manager FROM: Janet M. Prainito City Clerk DATE: June 14, 2006 RE: R06-103 - Interlocal agreement between the City of Boynton Beach and the Palm Beach County School Board for enhanced landscaping and fencing at Congress Middle School. Attached for your information and files is a copy of the above-mentioned agreement and Resolution. I will send you a copy of the fully executed agreement once I receive it in my office. Thank you. Ct ~ ' '~Yn. I, I achment S:\CC\WP\AFTER COMMISSJON\Oepartmental Transmitlals\200S\Jody Rivers - PBS&J Agreement for Landscape Architectural- ROS-18S.doc