R06-103
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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
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with a completion date of August, 2006; and
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WHEREAS, the School Board and the City share the use of the facilities
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under an existing mutual use agreement; and
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WHEREAS, the City of Boynton Beach has offered and the School Board
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has agreed to allow City to contribute to the enhanced amenities at the City's
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expense by entering into this lnterlocal Agreement;
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NOW, THEREFORE, BE IT RESOL VED BY THE CITY
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COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
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Section 1.
The foregoing "Whereas" clauses are hereby ratified and
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confirmed as being true and correct and are hereby made a specific part of this
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Resolution upon adoption hereof.
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Section 2.
The City Commission does hereby approve, authorize and direct
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the Mayor and City Clerk to execute the Interlocal Agreement between the City and
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School Board of Palm Beach County for Enhanced Landscaping and Fencing at
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Congress Middle School, a copy of which is attached hereto as Exhibit "A".
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Section 3.
That this Resolution shall become effective immediately upon
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passage.
PASSED AND ADOPTED this ~ day of June, 2006.
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ATTEST:
~ 1n.~
C' y Clerk
CITY OF BOYNTON BEACH, FLORIDA
//
Commissioner -
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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.
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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
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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.
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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.
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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
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(SEAL)
CITY OF BOYNTON BEACH, FLORIDA
BYhr
Date: (, -/3 -Db
ATTEST:
By:
Date:
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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
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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
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