R97-020RESOLUTION R97-,~,~
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
AUTHORIZING AND DIRECTING THE MAYOR AND
CITY CLERK TO EXECUTE AN INTERLOCAL
AGREEMENT BETWEEN PALM BEACH COUNTY
(COUNTY) AND THE CITY OF BOYNTON BEACH
(CITY) FOR FUNDING OF BOAT CLUB PARK
IMPROVEMENTS AND INTRACOASTAL
WATERWAY PARK DEVELOPMENT; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the CITY owns and operates Boat Club Park and
property presently referred to as Intracoastal Waterway Park in the
City of Boynton Beach; and
WHEREAS, the CITY desires to design and construct boat
access improvements at Boat Club Park and recreational and park
facilities at the proposed Intracoastal Waterway Park; and
WHEREAS, the CITY has asked the COUNTY to financially
participate in the design and construction of Boat Club Park
improvements and Intracoastal Waterway Park Development,
hereinafter referred to collectively as "the Projects", and more
specifically as "Project A" and "Project B", respectively; and
WHEREAS, the Projects represent recreation projects
enumerated in the $25.3 Million Park Improvement Revenue Bond
Issue, as amended; and
WHEREAS, the CITY desires to operate and maintain the
Projects upon their completion and said projects shall be open to and
benefit ali residents of Palm Beach County;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY
COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA,
THAT:
Section 1. This Commission does hereby authorize and
direct the Mayor and City Clerk to execute an Interlocal Agreement
between Palm Beach County and the City of Boynton Beach for
funding of Boat Club Park improvements and Intracoastal Waterway
Park Development.
Section2. That this Resolution shall become effective
immediately upon passage.
PASSED AND ADOPTED this 4/-, day of February, 1997.
CITY OF BOYNTON~, FLORIDA
~ Vice Mayo~ / _.//
Commissioner
ATTEST:
Commissioner
//'Commissioner
-City,Clerk ~'
07-.
R97.366
INTERLOCAL AGREEMENT BETWEEN PALM BEACH COUNTY AND
THE CITY OF BOYNTON BEACH FOR FUNDING OF BOAT CLUB PARK
IMPROVEMENTS AND INTRACOASTAL WATERWAY PARK DEVELOPMENT
THIS INTERLOCAL AGREEMENT is made and entered into this
MAR 18 1997 day of , 1997, by and between PALM BEACH COUNTY, a
political subdivision of the State of Florida, hereinafter referred
to as the "COUNTY" and the CITY OF BOYNTON BEACH, a Florida
municipal corporation, hereinafter referred to as the "CITY ".
W I T N E S S E T H:
WHEREAS, the CITY owns and operates Boat Club Park and
property presently referred to as Intracoastal Waterway Park in the
City of Boynton Beach; and
WHEREAS, the CITY desires to design and construct boat access
improvements at Boat Club Park and recreational and park facilities
at the proposed Intracoastal Waterway Park; and
WHEREAS, the CITY has asked the COUNTY to financially
participate in the design and construction of Boat Club Park
Improvements and Intracoastal Waterway Park Development,
hereinafter referred to collectively as "the Projects" and
specifically as "Project A" and "Project B" respectively; and
WHEREAS, the Projects represent recreation projects enumerated
in the $25.3 Million Park Improvement Revenue Bond Issue, as
amended; and
WHEREAS, the CITY desires to operate and maintain the Projects
upon their completion; and
WHEREAS, the Projects shall be open to and benefit all
residents of Palm Beach County; and
WHEREAS, Section 163.01, Florida Statutes, permits public
agencies 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, both parties desire to increase the recreational
opportunities for residents of Palm Beach County and to enter into
this Interlocal Agreement.
NOW, THEREFORE, in consideration of the mutual covenants,
promises and representations contained herein, the parties hereto
agree as follows:
ARTICLE 1: GENERAL
Section 1.01 The foregoing recitals are true and correct and are
incorporated herein as if fully set forth.
Section 1.02 The purpose of this Interlocal Agreement is to
enhance recreational opportunities for use by the public and
thereby provide a mechanism for the COUNTY to assist the CITY in
the funding of the Projects.
Section 1.03 The COUNTY will pay to the CITY a total amount not to
exceed $2,625,000 for the design and construction of Project A and
Project B as more fully described in the Conceptual Site Plans and
Project Descriptions attached hereto and made a part hereof as
Exhibit "A ".
Section 1.04 The City agrees that at a minimum it will design and
construct seventy five (75) additional boat trailer parking spaces
to serve the boat ramps at Boat Club Park. It is the intent of this
Agreement to maximize the number of boat trailer parking spaces
available at Boat Club Park. A minimum of fifty (50) of said
spaces shall be constructed at Boat Club Park. The remaining
balance of the seventy five (75) spaces shall be placed at
Intracoastal Waterway Park to be used as overflow parking for Boat
Club Park.
Section 1.05 The CITY agrees that the first priority will be given
to the design and construction of Project A from funding provided
by County. Project A is estimated to cost approximately $750,000.
The balance of County funding, up to a total amount of $2,625,000,
will be used for design and construction of Project B. In the
event that total Project A costs exceed $750,000, then that excess
shall either be paid by City or shall be subtracted from the
remaining balance allocated to Project B. Likewise, if Project A
total costs are less than $750,000, the City may include remaining
funds from Project A to the costs of Project B.
Section 1.06 The COUNTY's representative during the design and
construction of the Projects shall be the Director of Parks and
Recreation, Palm Beach County Parks and Recreation Department,
telephone no. (561) 964 -6600. The CITY's representative during
the design and construction of the Projects shall be the Director
of Parks and Recreation, telephone no. (561) 375 -6220.
Section 1.07 The CITY shall design Project A and Project B and
construct same upon properties owned by the CITY as more fully
described in Exhibit "B" attached hereto and made a part hereof.
Section 1.08 The CITY shall utilize its procurement process for
all design and construction services and material acquisitions
required for the Projects. Said procurement process shall be
consistent with all federal, state and local laws, rules and
2
regulations. The COUNTY shall have no contractual obligation to
any person retained by the CITY with regard to the Projects. Any
disputes, claims, or liability that may arise as a result of the
CITY's procurement is solely the responsibility of the CITY and the
CITY hereby holds the COUNTY harmless for same to the extent
permitted by law and subject to the limitations of Chapter 768.28,
Florida Statutes.
ARTICLE 2: DESIGN AND CONSTRUCTION
Section 2.01 The CITY shall be responsible for the design and
construction of Project A and Project B. The CITY shall design and
construct Project A and Project B in substantial accordance with
Exhibit "A ", (Project Descriptions and Conceptual Site Plans),
attached hereto and made a part hereof, and with all applicable
federal, state and local laws, rules and regulations.
Section 2.02 Upon execution of this Interlocal Agreement by the
parties hereto, the CITY shall initiate its procurement process to
select the necessary professional engineer and /or architect to
perform all engineering and /or architectural design work,
including, but not limited to, the preparation of plans, permits
and specifications necessary for the design and construction of the
Projects.
Section 2.03 The CITY shall provide a copy of the engineer's
and /or architect's programming phase documents (i.e., site plan,
floor plan, elevations, etc.) to the COUNTY's Representative for
review. The COUNTY's Representative shall review said programming
phase documents to ensure consistency with the intent of this
Interlocal Agreement.
Section 2.04 The CITY shall be responsible for securing all
permits and approvals necessary to construct the Projects.
Section 2.05 Prior to the CITY commencing construction of the
Projects, the CITY shall provide a copy of all plans and
specifications along with the associated costs thereof to the
COUNTY's Representative for review of same to ensure consistency
with the intent of this Interlocal Agreement.
Section 2.06 The CITY agrees to totally complete the Projects and
open same to the public for their intended use within thirty six
(36) months from the date of execution of this Interlocal Agreement
by the parties hereto. Upon notification to the COUNTY at least
ninety (90) days prior to that date, the CITY may request an
extension beyond this period for the purpose of completing the
Projects. The COUNTY shall not unreasonably deny the CITY's
request for said extension.
Section 2.07 The CITY shall submit quarterly project status
reports for each project to the COUNTY's Representative on or
3
before January 10, April 10, July 10, and October 10 during the
design and construction of the Project. These quarterly reports
shall include but not be limited to, a summary of the work
accomplished, problems encountered, percentage of completion, and
other information as deemed appropriate by the COUNTY's
Representative.
ARTICLE 3: FUNDING
Section 3.01 The total not to exceed amount as set forth in
Section 1.03 hereinabove shall be paid by the COUNTY to the CITY on
a reimbursable basis. Any costs incurred in connection with the
Projects in excess of that amount shall be the sole responsibility
of the CITY. Should the total cost of either Project exceed the
amount as projected by the CITY, the CITY shall budget and
appropriate the excess funds required for completion of the
Project. The COUNTY shall not dispense any funds to the CITY for
either Project until the CITY has budgeted and appropriated said
excess funds for the Projects.
Section 3.02 The COUNTY shall pay reimbursable costs to the CITY
on a quarterly basis from the date of execution of this Interlocal
Agreement. For each requested quarterly payment, the CITY shall
provide to the COUNTY's Representative a fully completed and
executed Contract Payment Request Form and a Contractual Services
Purchase Schedule Form, attached hereto and made a part hereof as
Exhibit "C ". Said forms shall include information listing each
invoice as paid by the CITY and shall include the vendor invoice
number; invoice date; and the amount paid by the CITY along with
the number and date of the respective check for said payment. The
CITY shall attach a copy of each vendor invoice paid by the CITY
along with a copy of each respective check and shall make reference
thereof to the applicable item listed on the Contractual Services
Purchase Schedule Form. Further, the CITY's Project Administrator
and Project Financial Officer shall certify the total funds spent
by the CITY on the Projects and shall also certify that each vendor
invoice as listed on the Contractual Services Purchase Schedule
Form was paid by the CITY as indicated. Upon receipt of said forms
and prior to payment by the COUNTY, the COUNTY's representative
shall visit the Project sites to verify and approve said
reimbursement request.
Section 3.03 The COUNTY shall retain not less than ten percent
(10 %) of the total amount allocated to the CITY for each Project
until the CITY completes the Project and the COUNTY receives and
approves all documentation as required in accordance with this
Interlocal Agreement.
Section 3.04 The CITY shall provide a request for final
reimbursement to the COUNTY no later than ninety (90) days
following substantial completion of each Project.
4
ARTICLE 4: OWNERSHIP, OPERATION AND MAINTENANCE
OF THE PROJECTS
Section 4.01 Upon completion, the Projects shall remain the
property of the CITY. The COUNTY shall not be required to pay the
CITY any additional funds for any other capital improvement
required by or of the CITY.
Section 4.02 The CITY hereby warrants and represents that it has
full legal authority and financial ability to operate and maintain
said Projects. The CITY shall be responsible for all costs,
expenses, fees and charges, and liability related to the operation
and maintenance of the Projects.
The CITY shall operate and maintain the Projects for their intended
use by the general public for a term of thirty (30) years from the
execution of this Interlocal Agreement by the parties hereto. The
CITY shall maintain the Projects in accordance with industry
standards for such facilities to prevent undue deterioration and to
encourage public use.
Section 4.03 The rights and duties arising under this Interlocal
Agreement shall inure to the benefit of and be binding upon the
parties hereto and their respective successors and assigns. The
CITY may not assign this Interlocal Agreement nor any interest
hereunder without the express prior written consent of the COUNTY.
Section 4.04 It is the intent of the COUNTY to issue this funding
assistance to the CITY for the purpose set forth hereinabove. In
the event the CITY transfers ownership or management of either
Project to a party or parties not now a part of this Interlocal
Agreement, other than another governmental entity that agrees to
assume, in writing, CITY's obligations hereunder, the COUNTY
retains the right to reimbursement from the CITY for its
participation to the full extent of the funding assistance awarded
to accomplish either Project.
ARTICLE 5: USE OF THE PROJECTS
Section 5.01 The CITY warrants that the Projects shall serve a
public recreational purpose and be open to and benefit all
residents of Palm Beach County and shall be available thereto on
the same cost and availability basis as to residents of the CITY.
The CITY shall not discriminate on the basis of race, color, sex,
national origin, age, disability, religion, ancestry, marital
status or sexual orientation with respect to use of the Projects.
Section 5.02 The term of this Interlocal Agreement shall be for a
period of thirty (30) years commencing upon the date of execution
of this Interlocal Agreement by the parties hereto. The CITY shall
restrict its use of the Projects to recreational, civic, community,
5
and social purposes only unless otherwise agreed to in writing by
the parties hereto.
Section 5.03 The CITY shall affix a permanent plaque or marker in
a prominent location at each completed Project indicating that the
COUNTY was a contributor to the development of the Project. Said
plaque or marker shall include the County seal and a list of County
Commissioners, unless otherwise directed by the COUNTY's
Representative.
ARTICLE 6: ACCESS AND AUDITS
The CITY shall maintain adequate records to justify all charges,
expenses, and costs incurred in estimating and performing the
design and construction of the Projects for at least three (3)
years after the end of the fiscal year in which the final payment
is released by the COUNTY, except that such records shall be
retained by the CITY until final resolution of matters resulting
from any litigation, claim, or special audit that starts prior to
the expiration of the three (3) year period. The COUNTY reserves
the right, upon reasonable request and during normal business
hours, to inspect said Projects and shall have access to such
books, records, and documents as required in this section for the
purpose of inspection or audit.
ARTICLE 7: NOTICES
Any notice given pursuant to the terms of this Interlocal Agreement
shall be in writing and hand delivered or sent by Certified Mail,
Return Receipt Requested. All notices shall be addressed to the
following:
As to the COUNTY:
Director of Parks and Recreation
Palm Beach County Parks and Recreation Department
2700 Sixth Avenue South
Lake Worth, FL 33461
As to the CITY:
Director of Parks and Recreation
Boynton Beach Parks and Recreation Department
P.O. Box 310
Boynton Beach, F1 33425
ARTICLE 8: TERMINATION FOR NON - COMPLIANCE
The COUNTY may terminate this Interlocal Agreement upon written
notice to the CITY for non - compliance by the CITY in the
performance of any of the terms and conditions as set forth herein
6
and where the CITY does not cure said non - compliance within ninety
(90 ninety) days of receipt of written notice from the COUNTY to do
so. Further, upon written notice, the CITY shall reimburse to the
COUNTY any funds provided to the CITY pursuant to this Interlocal
Agreement, either in whole or in part as determined by the COUNTY.
Reimbursement is limited to material breaches which prevent the
operation of the project for its intended recreational purpose as
referenced herein.
ARTICLE 9: ENFORCEMENT COSTS
In the event that any action, suit or proceeding is commenced with
respect to the interpretation or enforcement of this Interlocal
Agreement, the prevailing party in such action, suit, or proceeding
shall be entitled to recover all costs, expenses and fees
including, without limitation, reasonable attorney's fees incurred
by such party in connection therewith in addition to any other
relief to which such party or parties may be entitled.
ARTICLE 10: REMEDIES
This Interlocal Agreement shall be governed by the laws of the
State of Florida. Any and all legal action necessary to enforce
the Interlocal Agreement will be held in Palm Beach County. No
remedy herein conferred upon any party is intended to be exclusive
of any other remedy, and each and every such remedy shall be
cumulative and shall be in addition to every other remedy given
hereunder or now or hereafter existing at law or in equity or by
statute or otherwise. No single or partial exercise by any party
of any right, power, or remedy hereunder shall preclude any other
or further exercise thereof. The parties hereto may pursue any and
all actions available under law to enforce this Interlocal
Agreement including, but not limited to, actions arising from the
breach of any provision set forth herein.
ARTICLE 11: FILING
A copy of this Interlocal Agreement shall be filed with the Clerk
of the Circuit Court in and for Palm Beach County.
ARTICLE 12: INDEMNIFICATION
Within the extent permitted by law, the CITY shall indemnify and
hold COUNTY harmless from and against any and all loss, suit,
action, legal or administrative proceeding, claim, demand, damage,
liability, interest, attorney's fee, cost and /or expense of
whatsoever kind or nature arising in any manner directly or
indirectly related to the performance of this Interlocal Agreement.
However, the CITY does not indemnify the COUNTY from and against
7
any and all loss, suit, action, legal or administrative proceeding,
claim, demand, damage, liability, interest, attorney's fee, cost
and /or expense due to the COUNTY's sole error, negligence or
willful misconduct. The liability limits set forth in Section
768.28, Florida Statutes, shall not be waived.
ARTICLE 13: INSURANCE
CITY shall, during the term of this Interlocal Agreement and any
extension hereof, maintain in full force and effect self insured or
Commercial General Liability insurance, including Contractual
Liability and Completed Operations Liability, in the amount
specified in Section 768.28, Florida Statutes, to specifically
cover all exposures associated with the Projects and terms and
conditions of this Interlocal Agreement. In addition, at all times
during construction of the Projects, CITY shall maintain or shall
have maintained,to the extent available, Builders Risk Insurance in
the amount equal to the total construction cost of said Projects.
Further, CITY shall, upon completion of construction, maintain,
where applicable and to the extent available, Property Insurance
(All -Risk) to include fire, wind, storm and flood damage (if in a
mandatory flood zone) in an amount sufficient for the total
replacement of the Projects.
Prior to commencement of construction the CITY shall provide a
Certificate of Insurance evidencing insurance coverage as required
hereunder. All insurance to be maintained by the CITY shall
specifically include the COUNTY as an "Additional Insured" and
shall also provide that no material change or cancellation of the
insurance shall be effective without thirty (30) days prior written
notice to the COUNTY's Representative. Compliance with the
foregoing requirements shall not relieve the CITY of its liability
and obligations under this Interlocal Agreement.
ARTICLE 14: CAPTIONS
The captions and section designations herein set forth are for
convenience only and shall have no substantive meaning.
ARTICLE 15: SEVERABILITY
If any term or provision of this Interlocal Agreement, or the
application thereof to any person or circumstance, shall to any
extent be held invalid or unenforceable, the remainder of this
Interlocal Agreement, or the application of such term or provision,
to any person or circumstance other than those as to which it is
held invalid or unenforceable, shall not be affected, and every
other term and provision of this Interlocal Agreement shall be
deemed valid and enforceable to the extent permitted by law.
8
ARTICLE 16: ENTIRETY OF AGREEMENT
This Interlocal Agreement represents the entire understanding
between the COUNTY and the CITY, and supersedes all other
negotiations, representations or agreements, either written or
oral, relating to this Interlocal Agreement. None of the
provisions, terms and conditions contained in this Interlocal
Agreement may be added to, modified, superseded or otherwise
altered, except by written instrument executed by the parties
hereto.
IN WITNESS WHEREOF, the parties have caused this Interlocal
Agreement to be executed on the day and year first above written.
ATTEST: PALM BEACH COUNTY, FLORIDA BY ITS
DOROTHY H. WILKEN, CLERK BOARD OF COUNTY COMMISSIONERS
BY/ALIggli
A
D uty Clerk GOUr++4 C air l
- J- +, MAR 1 8 1997
g
m: COUNTY, ; k97.366 -D
R
ATTEST: '��;.`. 40/ CITY OF BOYNTON BEACH
;5 , ' , . Imo
BY: v By :1z�� /
Ci Clerk Mayor
APPROVED AS TO FORM AND APPROVED AS TO FORM AND
LEGAL SUFFI LEGAL SUFFICI G' /
B A ; CU Gat
By:,
C4unty Attorney City Atto ney
9
PALM BEACH COUNTY
PARKS AND RECREATION DEPARTMENT
CONTRACT PAYMENT REQUEST
EXHIBIT C
Grantee
(Project)
Request Date
Billln8 #
Billin$ Period
Item
Consulfin8 Services
Contractual Services
Materials, Supplies, Direct Purchases
Grantee Stock
Equipment, Fumiture
TOTAL PROIECT COSTS
Certification: I hereby certify ~hat the above
were incurred for the work identified as bein8
accomplished in the attached prosress reports.
Administrator/Date
PBC USE ONLY
PROJECT PAYMENT SUMMARY
Project Costs Cummulative
This Biilin8 Project Cosl~
Total
Project Cest~
Cer~ification: I hereby c~ify that the documen-
tation has been maintained as required to supp~
the project equines reported above and is avail-
able for audit upon request.
Finandai Officer/Date
County Funding ~Participation
Total Project Cost
Total project ca~lz to date
County eblllalim te date
County ~ C..."I,,)
County funds previously disbursed
County funds due this billing
$
$
¢
(
$
Reviewed and Al~roved by:.
PBC Project Administrator/Date
Department Director/Date
1 OF2
PROJEC'F A
BOAT CL~ PARK EXPANSION
P'RELI~NARY COST ESTIMATE
¢2Qf2
CONTINGENCY (15%)
$75,000
$125,000~
$6~,000
$65,006'-
SI$0.00O
$75.(Mo
$S55,000
$83~250
3. TOTAL ESTIMA'rH COST OF CONSTRUCNON
$638,250
8.
DESIGN & F. lqGINEEIlING (10%)
GRAND TOTAL
* ~T~ iV P&IJIBLUE COLWIY i*AII~ · IIECREATI(~ Df. fAr tM D IT. fLA.qqIN~ & DESIGN
PROJEC1 'B'
INTRA¢OASTAL WATERWAY PARK
BOYNTOH BEACH, FLORIDA
JUNE 1992
Wall*aa Robert, & Todd -
PRELIMINARY COST ESTIMA'iI~
DESORIPTIOH
UNIT UNiT co~r TOTAL COST
~rt'J PR~J~AflA'I~H
· Ot. EAFIIFa3 & (3f:LOBlq~ gll'i
GAAI:)I'~ il%'CLL.DIHO ~ E'~,AVA'nON
· FILL
~U~l'~l'At,
I,.8,,
LS,
UTIUI'tEB
· 18'GMP 800 I.P ,I21.00
· 24'CMP 200 I,.F S30,00
· CATCH 8ASINO S FA. 8t,S00.00 $7,6Q0.00
· ~'~t',4JW~'W'ER~#t'~EM gOO I,.P 17.00 80,,100.00
· WAI'Lq Dl~fTtDb*qi, b'TiU I L& lll.O00.O0 ~
~J~rO?AL I~1 ,IO0.OO
PAVlIIO
· A.SFI,LM.T PA¥SI~ (IfIOL FOg. HWy. f10hE 8.SOQ
· S' COr~RG1Z C~RB ~ ~ 300
~T~
': · ~' pIC:N(3TAm, EB
· I'eO~81NNqLKmTI~
· FL,*GPCX~
BOAROW.qX GdkitB rligr41)
S6.00 S18.000.00
$6.00 $2.400.00
S3,000.00 83,000,00
fd~JOR ITIK~m
it,MIGl PK:NIG PAVIUQH'
PAVIJOI4SOLJr, A~ G
$10,000.00