R08-040
II
1 RESOLUTION R08-0&to
2
3 A RESOLUTION OF THE CITY COMMISSION OF THE
4 CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING
5 THE MAYOR AND CITY CLERK TO EXECUTE AN
6 INTERLOCAL AGREEMENT BETWEEN PALM BEACH
7 COUNTY AND THE CITY OF BOYNTON BEACH TO
8 ACCEPT A $750,000.00 GRANT FOR THE SOUTHEAST
9 FEDERAL HIGHWAY CORRIDOR STORMWATER
10 IMPROVEMENT PROJECT; AND PROVIDING AN
11 EFFECTIVE DATE.
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14 WHEREAS, on April 13, 2007, the City of Boynton beach submitted a grant
15 application to the Department of Environmental Resources Management requesting grant
16 funding for measurable improvements to the Lake Worth Lagoon; and
17 WHEREAS, the $750,000.00 grant was approved in August, 2007 and represents the
18 City's allocation of the State's commitment to this project; and
19 WHEREAS, the City Commission of the City of Boynton Beach upon recommendation
20 of staff, deems it to be in the best interest of the citizens and residents of the City of Boynton
21 Beach to authorize execution of the Interlocal Agreement with Palm Beach County to accept a
22 $750,000.00 grant for the Southeast Federal Highway Corridor Stormwater Improvement
23 Project.
24 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
25 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
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Section 1.
The foregoing "Whereas" clauses are hereby ratified and confirmed as
27 being true and correct and are hereby made a specific part of this Resolution upon adoption
28 hereof.
29
Section 2.
The City Commission of the City of Boynton Beach hereby authorizes
S:\CAIRESO\Agreements\lnterlocals\lLA with PSC for SE Fed Hwy Corridor grant funding.doc
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the Mayor and City Clerk to execute an Interlocal Agreement between the City of Boynton
2 Beach and Palm Beach County to accept a $750,000.00 grant for the Southeast Federal
3 Highway Corridor Stormwater Improvement Project, a copy of said Agreement is attached
4 hereto and made a part here as Exhibit "A".
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Section 3.
That this Resolution shall become effective immediately upon passage.
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PASSED AND ADOPTED this -L day of April, 2008.
ATTEST:
CITY OF BOYNTON BEACH, FLORIDA
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Exhi biT A
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INTERLOCAL AGREEMENT
BETWEEN
PALM BEACH COUNTY
AND
THE CITY OF BOYNTON BEACH
This Inter]ocal Agreement (hereinafter "Agreemenf') is made the
day of
,2008, between
the City of Boynton Beach, a municipality, located in Palm Beach County, Florida (hereinafter "Grantee") and Palm Beach
County, a political subdivision of the State of Florida, (hereinafter "County"), each one constituting a public agency as defined
in Part I of Chapter 163, Florida Statutes.
WITNESSETH
WHEREAS, Section ]63.01, Florida Statutes, known as the "Florida Interlocal Cooperation Act of ]969" 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 ] 63, 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, pursuant to Chapter ]25.0], Florida Statutes, the Board of County Commissioners of Palm Beach
County is empowered to establish and administer programs of conservation and to enter into agreements with other
governmental agencies 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, the County desires to environmentally restore and enhance the Lake Worth Lagoon (Lagoon) in order
to increase native habitat and improve fisheries; and
WHEREAS, the County recognizes that an improvement in the quality of the Lagoon waters is essential to the
restoration of the Lagoon as a habitat for littoral and estuarine t10ra and fauna; and
WHEREAS, pursuant to F]orida Department of Environmental Protection (DEP) Agreement No. LP6046-2, the
County has received a grant from the DEI' for the purpose of conducting environmental enhancement and restoration of the
Lagoon; and
WHEREAS, the County wishes to encourage public entities that impact the Lagoon to protect, restore and enhance
their Iittora] and estuarine habitats and improve the water quality of the Lagoon.
Interlocal Agreement, Page 1
NOW, THEREFORE, in consideration of the mutual representations, terms, and covenants hereinafter set forth, and
for such other good and valuable consideration the receipt of which the parties hereto acknowledge, the parties hereby agree to
the following:
ARTICLE 1: EFFECTIVE DATE AND TERM:
The term of this Agreement shall be effective on the date of execution of this Agreement by both parties and shall continue in
full force and effect until March 31, 2010, unless otherwise terminated as provided in Articlc 3 & 12 herein. The County
reserves the right to extend this Agreement for good cause. Any extcnsions shall be in writing and executed by both parties.
ARTICLE 2: PROJECT TO BE COMPLETED BY THE GRANTEE:
The Grantee agrees, during the term of this Agreement, to construct a project that will benefit Lake Worth Lagoon as
specifically set forth in Exhibits A, B, and B-1 attached hereto and made a part hereof. Thc Grantee shall coordinate work on
the project with the County's Department of Environmental Resources Management, hereinafter referred to as the Sponsoring
Department, and shall submit all invoices, reports and records to the Sponsoring Department, as specifically set forth in
Exhibit C and Article 9, hereof.
ARTICLE 3: PAYMENTS TO GRANTEE/REIMBURSABLE:
1. The County shall reimbursc the Grantee for construction expenses in an amount not to exceed $750,000 provided the
Grantee completes the project as described in Exhibits A and B-1 and meets the minimum estiruated match
requirement of $750,000 or 50'/" of the total project cost, whichever is less. Activities eligible for reimbursement
include construction and construction-related costs that are incurred after the effective date of this Agreement.
Activities eligible for match requirements include construction costs, (actual) contributions (e.g., equipment
usage/direct operating expenses/in-kind services), and funding from other grants. Reimbursement for costs related to
in-kind services (e.g., planning, permitting & design) shall be limited to salaries and fringe benefits. Eligible
matching funds will qualify for reimbursement provided they are incurred after June 30, 2007. Grant funding may
be used to match grants from other sources; howevcr. the Grantee cannot submit reimbursement requests for the same
expenses to more than one funding source or more than one County or State-funded program.
2. The Grantee shall bill the County quarterly (by January 10, April 10, July 10 and October 10) in accordance with
Exhibit B- I, Paragraph 4, for expenses actually incurred and paid. up to the amounts sct forth in Exhibits A, B, and
Interlocal Agl'eement, Page 2
B- I for the project. The Grantec shall be reimbursed on a cost reimbursement basis for all eligible project costs upon
receipt and acceptance by the County of a properly completed Payment Request Summary Form and Progress Report,
as set forth in Exhibit C. In addition to the Payment Summary Form. the Grantec must also provide, from its
accounting system, a list of expenditures in detail sufficient to evidence actual payment. The list shall include but
shall not be limited to a descriptIon of the goods/services purchased, the date of the transaction, voucher number, the
amount paid and vendor name. and a statement that said expense was necessary in thc performance of the Project
Work Plan and Scope of Work dcscribed in Exhibits A and B-1, respectively. Within seven (7) calendar days of
request by the County, the Grantee shall supply any further documcntation such as copies of paid receipts, canceled
checks, invoices or other documents deemed necessary by the County. All supporting invoices and receipts must
clearly state that goods and/or serviccs were invoiced to Grantee and not to an individual or "Cash." Reimbursement
requests received from thc Grantec will be initially reviewed by the Sponsoring Dcpartment, 2300 North Jog Road,
4th Floor, Wcst Palm Beach, FL 334 I I. If thc Sponsoring Department detcrmincs that expenditures have bcen made
in conformity with this Agreement, it will send the payment request to the County's Finance Dcpartment for final
approval and payment. Invoices must be submitted along with the quarterly and final reports, as described in Article
9 below. Failure to submit completed reports within the spccified timcframe will result in a delay in payment and/or
termination of this Agrcement.
ARTICLE 4: AVAILABILITY OF HiNDS:
The obligations of the County under this Agreement are subject to the availability of funds lawfully appropriated for its
purpose by the Board of County Commissioners of Palm Beach County and by the State of Florida.
ARTICLE 5: INSURANCE:
1. Without waiving thc right to sovereign immunity as provided by Section 768.28, Florida Statutes, the Grantee
acknowledgcs it is self-insured under Statc Sovereign Immunity statutcs with covcrage limits of $100,000 Per Person
and $200,000 Per Occurrence; or such monetary waiver limits that may change and be sct forth by the legislature,
which the County agrees to recognize as acceptable coverage for General Liability and Automobile Liability
II1surance.
2. In thc evcnt the Grantee does not rely cxclusively on sovereign immunity as provided by Section 768.28, Florida
Statutes, the Grantcc shall agree to maintain third-party Commercial Gencral Liability and Automobile Liability at
InterIocal Agl"eement, Page 3
limits not less than $1,000,000 per occurrcnce.
3. The Grantee agrees to maintain or to be self-insured tor Worker's Compcnsation & Employer's Liability insurance in
accordance with Florida Statutes, Chapter 440.
4. The Grantee shall provide a statement or Certificate of Insurancc evidencing insurance, self-insurance and/or
sovcreign immunity status, which County agrees to recognizc as acceptable for the above required coverages. The
Certificate Holdcr will be: Palm Beach County, Department of Environmental Resourccs Management, 2300 North
Jog Road, 4th Floor, West Palm Beach, FL 33411-2743.
5. The Grantcc shall require each Contractor engaged by Grantce for work associated with this Agreement to maintain:
A. Worker's Compensation covcrage, in accordance with Florida Statutes, including endorsements for U.S.
Longshore and Harbor Workers Compensation Act and thc Merchant Marinc Act (Jones Act) in the event
any portion of the scope of serviccs/work occurs over, near, or contiguous to any navigablc bodies of water.
B. Conm1ercial General Liability insurance at limits not less than $1,000,000 each occurrence. The County and
Grantee shall be added as an "Additional Insurcd".
C. Business Auto insurancc with limits of not less than $1,000.000 for each accident.
D. If the construction work being perfolll1ed exceeds $200,000, a payment and pcrformance bond for the total
amount of its construction contract, in accordance with Florida Statute 255.05.
6. Compliance with the foregoing requirements shall not relieve the Grantce of its liability and obligations under this
Interlocal Agreement.
ARTICLE 6: INDEMNIFICATION:
Without waiver of limitation as provided for in Scction 768.23. Florida Statutcs, as may be amended from time to time, and to
the extent permitted by law, the County agrees to indemnify and hold harmless the Grantee from any claims, losses, demands
or cause of action of whatsoever kind or naturc that the Grantee, its agents or employees, mayor could sustain as a result of or
emanating out of the terms and conditions containcd in this Agreement that result from the County's ncgligence or willful
misconduct. Without waiver of limitation as provided for in Section 768.28, Florida Statutes, as may be amended from time to
time, and to the extent permitted by law. the Grantce agrees to indemnify and hold harmless County from any claims, losses,
dcmands or cause of action of whatsoever kind or nature that the County, its agents or employecs, mayor could sustain as a
result of or emanating out of the terms and conditions contained in this Agreement that result from the Grantee's negligence or
willful misconduct. Nothing herein shall be construcd as a waiver of sovereign inmmnity by either party, pursuant to Section
768.28, Florida Statutes.
ARTICLE 7: WARRANTY/PERSONNEL:
The Grantee, as an independent contractor and not an agent, representative. or employee of County, warrants that all project-
Interlocal Agreement, Page 4
related services shall be pcrformed by skillcd and competent persoilllel to the highest professional standards in the field. The
Grantee further represents that it has, or will secure at its own expense, all necessary personnel required to complcte the
project under this Agreemcnt, and that they shall bc fully qualified and, if required, authorized, permittcd, and/or licensed
under State and local law to completc such project. Such personnel shall not be employees of or have any contractual
relationship with the County.
ARTICLE 8: EQUAL OPPORTUNITY PROVISION:
The County and the Grantee agree that no person shall, on thc grounds of race, color, creed, sex, age, national ongm,
disability, religion, ancestry, marital status, or scxual orientation be excluded from the benefits of this Agreement or be
subjected to any form of discrimination while performing under this Agreement.
ARTICLE 9: GRANTEE'S PROJECT-RELATED AGREEMENTS:
The Grantee further agrees:
I. To allow the County through its Sponsoring Department to monitor Grantee to assure that the project is completed as
outlined in the Exhibits A and B-1.
2. To provide funds to the County to meet thc minimum eligible match requirement of $750,000 or to pay 50% of the
total project costs, whichevcr is less.
3. To maintain books, records, documents, and other evidence which sufficiently and propcrly ret1ects all costs of any
nature expendcd in the performance of this Agreement.
4. That all records shall be subject to the Public Records Law, Chapter 119, Florida Statutcs.
5. To provide annual audit reports and other documentation to the Sponsoring Department as required under the Florida
Single Audit Act.
6. That the County shall be promptly reimbursed for any funds that the County determines have been misused or
misspcnt.
7. To submit quarterly Progress Reports to the County (by January 10, April 10, July 10 and October 10), which is
identified in Exhibit C.
8. To complete thc projcct and submit a final project report and invoiccs to the County 30 days prior to thc Expiration
Date identified in Article 1 above. The Grantec shall notify the County in the appropriate quarterly Progress Report
whcn a dclay in the Estimated Projcct Completion Dale, which is identified in Exhibit A, occurs.
Interlocal Agreement, Page 5
9. To include the following in the final project report:
A. A one-two page written sunmlary describing the project, including the project name, physical location of the
project, GPS coordinates, DEP Agrcement number and County Agreement number.
B. The following additional components:
1. Identification of project benefit( s) to the Lagoon (Exhibit F);
11. Photographs taken before, during and after construction;
111. Certification of Completion by Grantee and Engineer's Certification that project was constructed as
proposed (Exhibits D and E);
IV. Total Final Project Cost:
v. Total Matching hmds;
VI. Total Grant Award Amount;
VII. A Final Payment Requcst Sunmlary Form (Exhibit C) for reimbursement of remaining eligible
expenditurcs, including backup documentation; and
Vlll. A copy of a brief press releasc highlighting the successes of the project and acknowledging the
contribution of the grant towards the project success.
ARTICLE 10: ACCESS AND AUDITS:
Grantee shall maintain books, records, and documcnts to justify all charges. expenses and costs incurred under this Agreement,
in accordance with generally accepted accounting principals. The County shall have access to all books, records, and
documents as rcquired in this Agreemen1 for the purpose of inspection and/or audits, during normal busincss hours, during the
term of this Agrcement, and for at least three (3) years after completion of thc project. In the event any work is subcontracted
by Grantec, Grantee shall similarly require each subcontractor to maintain and allow access to such records for audit purposes.
In the cvent that the parties should become involved in a legal dispute with a third party arising from performance under this
Agrcement, the parties shall cxtend the period of maintenance for all records relating to tbe Agreement until the final
disposition of the legal disputc, and all such records shall be made readily available to the parties.
ARTICLE 11: PUBLIC ENTITY CRIME CERTIFICATION:
As provided in F.S. 287.132-133, as may be amendcd from tIme to time, by entering into this Agreement or performing any
work in furtherance hereof the Grantee certifics that its affiliates, suppliers, subcontractors and consultants who will perform
hercunder, have not been placed on the convicted vcndor list maintained by the State of Florida Department of Management
Services within the thirty-six (36) months inmlcdiately preceding the date hereof. This noticc is required by F.S. 287.133
(3)(a).
ARTICLE 12: TERMINATION:
This Agreement may be terminated by either party upon thirty (30) days written notice by the terminating party to thc other
party, provided the County will not arbitrarily or unreasonably deny funding to Grantee under the terms and conditions set
forth herein, if Grantee is not in breach of this Agreement.
Interlocal Agreement, Page ()
ARTICLE 13: NOTICE:
Any notice given under thc provisions or this Agreement shall be 111 writing and shall be delivered by United States mail or
hand delivcry. All notices required by this Agreement shall be considered delivered upon receipt. Should any Pmiy change its
address, written notice of such new address shall promptly be sent to the other party. The parties hereby designate the following
addresscs as the addresses to which notices may bc delivered, and delivery to such addresses shall constitute binding notice
given to each party:
County:
Departmcnt of Environmental Resources Management
Attn: Director
2300 North Jog Road, 4th Floor
Wcst Palm Beach, FL 3341 I
Phone: (561) 233-2400
Fax: (561) 233-2414
With a Copy to:
Palm Beach County Attorney's Office
Chief Deputy County Attorney
301 North Olive Ave. Suitc 601
West Palm Bcach, FL 33401
Grantee:
City of Boynton Beach
Attn: Peter Mazella
124 East Woolbright Road
Boynton Beach. FL 33435
Phonc: (561) 742-6404
Fax: (561) 742-6298
ARTICLE 14: ENFORCEMENT COSTS
Any costs or cxpenses (including reasonable attorney's fees) associated with thc enforcement of the terms and/or conditions of
this Agreement shall be borne by the respective parties provided, however, this clause pertains only to the parties to this
Agreement.
ARTICLE 15: COMPLIANCE WITH LAW
The Grantee shall comply with all applicable federal, state and local rules and regulations in providing scrvices under this
Agrecment. The Grantee acknowlcdges that this requirement includes compliance with all applicable federal. state and local
health and safety mles and regulations. The Grantee further agrees to include this provision in all subcontracts issued as a
result of this Agreemcnt.
ARTICLE 16: VENUE AND GOVERNING LAW
Interlocal Agreement, Page 7
To the extent allowed by law, the venue for any action arising fi-om this Agrecment shall be in Palm Beach County, Florida.
This Agreement shall be governed by and in accordancc with the laws ofthe State of Florida.
ARTICLE 17: REMEDIES CUMULATIVE
No remedy herein conferred upon any party is intended to be cxclusive of any other remedy, and each and every such remedy
shall be cumulative and shall be in addition to every othcr remedy given hercunder or now or hcreafter existing at law or in
equity or by statute or otherwise. No single or partial exercise by any party of any right, power or rcmedy hereunder shall
preclude any other or further exercise thereof.
ARTICLE 18: INCORPORATION BY REFERENCE
Exhibits A through F attached hereto and referenced herein shall be decmed to be incorporated in this Agreement by such
reference.
ARTICLE 19: SEVERABILITY
If any section, paragraph, sentence, clause or provision of this Agreement is for any reason held by a court of competent
jurisdiction to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this Agreement.
ARTICLE 20: AMENDMENTS AND CHANGE ORDERS
I. None of the provisions, terms and conditions contained in this Agrcement may bc added to, modified, superseded
or othcrwise altered, except by written instmment cxecuted by the parties hercto.
2. Any minor modification to Exhibit A. B, or B-1 of this Agrecment shall be submitted in writing to the County as
a "Change Order" and shall be subject to the approval, prior to implementation, of both the County and the State
in accordance with Exhibit B, Section 20.
ARTCLE 21: WAIVER
Failures or waivers to insist on strict performance of any covenant, condition, or provision of this Agreement by any party its
succcssors and assigns shall not be deemed a waiver of any of its rights or remcdies, nor shall it relieve the other party from
performing any subsequent obligations strictly in accordance with the terms of this Agrcement. No waiver shall be effective
unlcss in writing and signed by the party against whom enforcemcnt is sought. Such waiver shall be limited to provisions of
this Agreement specifically referred to therein and shall not be deemed a waiver of any other provision. No waiver shall
Interlocal Agreement, Page 8
constitute a continuing waiver unless the writing states otherwise.
ARTICLE 22: CAPTIONS
The captions and section designations hercin set forth are for convenience only and shall have no substantive meaning.
ARTICLE 23: ENTIRETY OF AGREEMENT
Thc County and the Grantee agree that this Agreement and all attachments hereto sct forth the entire agreement between the
parties, and there are no promises or understandings other than those stated herein. Notwithstanding, the Grantee
acknowledges that Exhibits A, B and B-1 of this Agreement have been developed fi-om Grantee's funding application, Grantee
acknowledges that the County expects Grantee to perform this Agreement in accordance with such application. In the event of
a conflict between the Grantee's funding application and this Agreement, this Agreement shall control.
(The rcmainder of this page intcntionally left blank.)
Interlocal Agl-eement, Page 9
IN WITNESS WHEREOF, the Board or 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.
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PALM BEACH COUNTY, FLORIDA
BY ITS BOARD OF COUNTY
COMMISSI< >NERS
CITY OF BOYNTON BEACH
By:
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APR 1 5 2008
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APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
By:
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Assistant County Attorney
APPROVED AS TO TERMS AND
CONDITIONS:
By:
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I Director, Department of Environmental
Resources Management
Interlocal Agreement. Page 10
FOR HABITAT RESTORATION PROJECTS
Grantee shall be responsible for demonstrating the projects bcnefit(s) by providing the following int<mnatioll, as
applicable:
,.. Total acres of habitat enhanced or created;
,.. Total acres of each type of habitat enhanced or created by type;
r Total acres of scrapedown area and or filled a1L'a;
r Types and numbers of plants used;
r Types, volume and acreage of stabilizatIOn matenal used; and
r Types, volume and acreage of artificial reef material used (per each deployment).
The following information shall be provided as a part of the final report, including a written summary, photographs,
graphs, charts, and tables as appropriate:
I) Site conditions prior to deployment;
2) Site conditions immediately after project completion (baseline report); and
3) Site conditions within one (1) year of project completion (or end of contract period);
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Interlocal Agreement, Exhibit F