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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