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R97-053RESOLUTION NO. R97-..~.~ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, RESCINDING RESOLUTION NO. R97-13, DATED JANUARY 21, 1997, AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND THE BOARD OF COUNTY COMMISSIONERS OF PALM BEACH COUNTY, PROVIDING FOR FINANCIAL ASSISTANCE FOR THE IMPROVEMENTS TO GATEWAY BOULEVARD FROM SEACREST BOULEVARD TO THE FEC RAILROAD; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Gateway Boulevard is unique as a City neighborhood collector street, connecting to an Interstate 95 interchange; and WHEREAS, the City has sought the assistance of the County toward improvements to Gateway Boulevard from Seacrest Boulevard to the FEC Railroad; and WHEREAS, the City and the County desire to enter into an agreement to provide the public with improvements to Gateway Boulevard; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The City Commission of the City of Boynton Beach, Florida does hereby rescind Resolution R97-13, dated January 21, 1997, and authorizes and directs the Mayor and City Clerk to execute an Interlocal Agreement with the Board of County Commissioners of Palm Beach County, said Agreement being attached hereto as Exhibit "A". Section2. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this ? day of April, 1997. CITY OF BOYNTON BEACH, FLORIDA Vice .~ayor -~ - C~mmis,s~ner/ / ~,~ Commissioner Commissioner ATTEST: lerk 1 2 3 4 5 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 FINANCIAL ASSISTANCE AGREEMENT GATEWAY BOULEVARD FROM SEACREST BOULEVARD TO THE FEC RAILROAD THIS INTERLOCAL AGREEMENT is made and entered into this day of APR ~ ~997 , 19 , by and between the CITY OF BOYNTON BEACH, a municipal corporation of the State of Florida, hereinafter "CITY," and the BOARD OF COUNTY COMMISSIONERS OF PALM BEACH COUNTY, a political subdivision of the State of Florida, hereinafter "COUNTY." W I T N E S S E T H: WHEREAS, Gateway Boulevard is unique as a CITY neighborhood collector street connecting to an Interstate 95 interchange; and WHEREAS, the CITY has sought the assistance of the COUNTY toward improvements to Gateway Boulevard from Seacrest Boulevard to the FEC Railroad; and WHEREAS, the COUNTY believes that such assistance in the form of financial participation by the COUNTY is in the best interests of the CITY and the COUNTY; and WHEREAS, the CITY and the COUNTY desire to enter into an agreement to provide the public with improvements to Gateway Boulevard. NOW, THEREFORE, in consideration of the mutual covenants, promises, and agreements herein contained, the parties agree as follows: 1. The PROJECT is defined as Gateway Boulevard Improvements from Seacrest Boulevard to the west property line of the FEC -1- 1 2 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Railroad and consists of the design, right-of-way acquisition, and construction in order to provide the following ty~es of improvements. From N. E. 1st Lane to N. E. 4th Street: a) a three-lane (center left turn lane) section where appropriate b) right turn lanes where appropriate c) paved shoulders/bike lanes d) sidewalks e) drainage f) striping g) signing h) landscaping and irrigation installation (not to exceed a maximum of $50,000) From N. E. 4th Street to the west property line of the-FEC Railroad: the above items are desirable but will be subject to evaluation for design feasibility due to the unique nature of this block with the CITY's community hall in the median. From Seacrest Boulevard to N. E. 1st Lane: i) pavement resurfacing and restriping 2. The CITY agrees to be responsible for accomplishing the design, right-of-way acquisition, and construction of the PROJECT to County approved standards by December 31, 1999. If no right-of- way acquisition is required, it is the CITY's and the COUNTY's goal to complete this project by July 1, 1998. 3 4 5 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ~TEWAY BOULEVARD FINANCI~ ~SIST~CE A~REEM~T 3. The COUNTY agrees, subject to budget, to reimburse the CITY for the CITY's costs of the PROJECT as defined in Paragraph 1, excluding CITY staff costs but including consultant costs, in an amount not to exceed SEVEN HUNDRED FIFTY THOUSAND and 00/100 DOLLARS ($750,000.00). Toward this end, the COUNTY agrees to program these reimbursement funds in the 1996/97 fiscal year of its five year road program. 4. The CITY agrees that the CITY, not the COUNTY, is responsible for any PROJECT costs in excess of the $750,000 amount in Paragraph 3. 5. The CITY agrees to provide CITY staffing for the general technical and administrative management of the PROJECT. This staffing is not a reimbursable PROJECT cost under this agreement. 6. The CITY agrees to solicit comments on the PROJECT from the County Engineer on the master plan prior to beginning design plans and at the 35%, 65%, 95%, and 100% level of design plans completion. In order to assist the CITY, the COUNTY agrees to provide a substantial thoroughfare design review at the 35%, 65% 95%, and 100% level of plans completion. This review shall be done within 30 days of a complete submittal to the COUNTY's Roadway Production office. 7. The CITY agrees to continue to maintain Gateway Boulevard, from Seacrest Boulevard to US1, as a City Street for a minimum of ten (10) years from the date of the execution of this agreement. 8. The CITY agrees to continue to be responsible for the street lighting within the PROJECT area. 9. The CITY agrees to be responsible for maintenance of any -3- 2 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 ~TEHAY BOULEVARD FIN~CI~ ~SIST~ AGP~EEMENT landscaping and irrigation within the PROJECT area. 10. The CITY agrees to assume all responsibility for the design, bidding, contract preparation, and contract administration of all projects, including payment(s) to contractor(s) pursuant to all applicable state laws and CITY regulations. 11. The CITY shall be solely responsible for obtaining and complying with all necessary permits, approvals, and authorizations required for the construction and subsequent maintenance of the PROJECT from any federal, state, regional, or municipal agency. 12. The CITY shall submit monthly invoices to the COUNTY, which will include a reference to this Agreement, identify the project, include the CITY's total monthly expenditure for the PROJECT, and identify the amount due and payable to the CITY. Invoices shall be itemized in sufficient detail for pre-payment audit thereof and shall be supported by copies of the corresponding paid vendor invoices and substantiated proof of payment and performance. The CITY shall supply any further documentation deemed necessary by the COUNTY. Invoices received from the CITY will be reviewed and approved by the County Engineer's Office, indicating that expenditures have been made in conformity with this Agreement and then will be sent to the COUNTY's Finance Department for final approval and payment. Invoices will normally be paid within thirty (30) days following approval. 13. The CITY shall maintain adequate records to justify all charges, expenses, and costs incurred in performing the work for at least three (3) years after completion of the projects. The COUNTY shall have access to all books, records, and documents as required -4- 3 8 9 10 11 12 13 14 15 16 17 18 20 21 22 23 24 25 26 27 28 in this section for the purpose of inspection or audit during normal business hours. 14. The COUNTY and the CITY agree that no person shall, on the grounds of race, color, sex, national origin, sexual orientation, handicap or religion, be excluded from the benefits of or be subjected to any form of discrimination under any activity carried out by the performance of this Agreement. The CITY will ensure that all contracts for the PROJECT executed pursuant to the terms of this Agreement, will contain a similar non-discrimination and equal opportunity clause governing the contractor.s activities. 15. The CITY agrees to use its best efforts to achieve M/WBE participation and fulfill the intent of the COUNTY's M/WBE Ordinance when contracting for the design and the construction. 16. The CITY recognizes that it is an independent contractor and not an agent or servant of the COUNTY or its commissioners.- In the event a claim or lawsuit is brought against the COUNTY, its officers, employees, servants or agents, the CITY hereby agrees to indemnify, save, and hold harmless the COUNTY, it officers, employees, servants or agents and to defend said persons from any such claims, liabilities, causes of action, and judgements of any t~e whatsoever arising out of or relating to the performance or operation of this Agreement. The CITY agrees to pay all costs, attorney's fees, and e~enses incurred by the COUNTY, its officers, employees, servants or agents in connection with such claims, liabilities-or suits. Furthermore, the CITY stipulates that the extent of the COUNTY.s liability pursuant to this Agreement shall be limited solely to its payment obligation. Nothing contained herein, however, shall act as a waiver of any of the CITY or -5- 1 2 5 6 7 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 GAT~AY BOULEVARD FINANCIAL ~SIST~CE A~EM~NT COUNTY's immunities provided for Statutes. The CITY'S aforesaid in Section 768.28, Florida indemnity and hold harmless obligations, or portions or applications thereof, shall apply to the fullest extent permitted by law but in no event shall they apply to liability caused by the negligence or willful misconduct of the County, or it agents, servants, employees or officers. 17. At all times during the term of any contract between the CITY and a contractor that is executed for the PROJECT, after execution of this Agreement and pursuant to its terms, said contractor shall maintain in force Comprehensive General Liability Insurance, Property Damage Insurance, Worker's Compensation Insurance, and Vehicle Liability Insurance in the amounts required in the bid documents and requirements prepared by the CITY. The COUNTY and the CITY shall be named as additional insured parties to such insurance. The only exception to this is Paragraph 7 which has its own term and which may only be revised by mutual agreement of both the CITY and the COUNTY. 18. All notices required to be given under this Agreement shall be addressed to: 19. between Palm Beach County Department of Engineering and Public Works Attn: Assistant County Engineer Post Office Box 21229 West Palm Beach, Florida 33416-1229 CITy City Manager City of Bolrnton Beach Post Office Box 310 Boynton .Beach, Florida 33425-0310 This Agreement represents the entire understanding parties, and supersedes all other negotiations, 3 4 5 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 ~:~w~~~u~c~ ~;~;?~= ~=~-~ representations, or agreement, either written or oral, relating to the subject matter of this Agreement. 20. In the event that any portion of this Agreement shall be held invalid for any reason, such invalidity shall not affect the remaining portions of this Agreement and the same shall remain in full force and effect. 21. This Agreement will be governed by all applicable State and local laws. IN WITNESS WHEREOF, the parties hereto have executed 'this Agreement and it is effective on the date first above written. CITY OF BOYNTON BEACH, BY IT CITY COMMISSION MAYOR /// DATE PALM BEACH COUNTY, FLORIDA BY ITS BOARD OF COUNTY COMMISSIONERS ATTEST: ~ By: DEP~Y ~LERK APP 9~ ~ LEGAL SUFFICIENCY ( // // G: \BOARD\ ~ATEWAY. AGK -7-