R09-052
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1 RESOLUTION R09- OS;:L
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 FOR
8 DESIGN AND CONSTRUCTION OF AN INTERACTIVE
9 WATER FEATURE AT CONGRESS AVENUE
10 COMMUNITY PARK USING THE PALM BEACH
11 COUNTY 2002 RECREATION AND CULTURAL
12 FACILITIES BOND; AND PROVIDING AN EFFECTIVE
13 DATE.
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16 WHEREAS, as part of the 2002 Recreation and Cultural Facilities Bond Fund, former
17 County Commissioner, Bob Kanjian allocated $150,000.00 towards the development of an
18 interactive water feature for Congress A venue Community Park and Barrier Free Playground;
19 and
20 WHEREAS, the City Commission of the City of Boynton Beach upon recommendation
21 of staff, deems it to be in the best interest of the citizens and residents of the City of Boynton
22 Beach to authorize execution of the Interlocal Agreement with Palm Beach County for design
23 and construction of an interactive water feature at Congress A venue Community Park using the
24 Palm Beach County 2002 Recreation and Cultural Facilities Bond.
25 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
26 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
27 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
28 being true and correct and are hereby made a specific part of this Resolution upon adoption
29 hereof.
30 Section 2. The City Commission of the City of Boynton Beach hereby authorizes
S:\CA\RESO\Agreements\lnterlocals\ILA with PBC for Congress Ave Water Park.doc
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1 the Mayor and City Clerk to execute an Interlocal Agreement between the City of Boynton
2: ; Beach and Palm Beach County for design and construction of an interactive water feature at
3 Congress A venue Community Park using the Palm Beach County 2002 Recreation and Cultural
4 Facilities Bond, a copy of said Agreement is attached hereto and made a part here as Exhibit
5 ''"A''.
6 Section 3. That this Resolution shall become effective immediately upon passage.
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7 PASSED AND ADOPTED this 11 day of March, 2009.
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9 CITY OF BOYNTON BEACH, FLORIDA
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14 .ftayor ~ rry Ta or
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21 Commissioner - Ronald Weiland
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29 Commissioner - Marlene Ross
30 ATTEST:
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INTERLOCAL AGREEMENT BETWEEN PALM BEACH COUNTY
AND THE CITY OF BOYNTON BEACH FOR THE CONGRESS AVENUE BARRIER
FREE COMMUNITY PARK WATER FEATURE
THIS INTERLOCAL AGREEMENT is made and entered into on ,
by and between PALM BEACH COUNTY, a political subdivision of the State of Florida,
hereinafter referred to as "COUNTY", and the City of Boynton Beach, a Florida municipal
corporation, hereinafter referred to as "MUNICIPALITY ".
WIT N E SSE T H:
WHEREAS, MUNICIPALITY owns property located at 3111 South Congress
Avenue in Boynton Beach on which it is constructing the Congress Avenue Barrier Free
Community Park Water Feature, hereinafter referred to as "the Project"; and
WHEREAS, MUNICIPALITY has asked COUNTY to financially participate in the
design and construction of the Project; and
WHEREAS, on November 5, 2002, a bond referendum was passed by the voters of
Palm Beach County for the issuance of general obligation bonds for the purpose of
financing the acquisition, construction, and/or improvements to certain recreation and
cultural facilities, in the principal amount of $50 Million (lithe $50 Million Recreation and
Cultural Facilities Bond"); and
WHEREAS, the COUNTY has approved a recreation and cultural facilities project
list and proposed funding allocations, as amended, for the $50 Million Recreation and
Cultural Facilities Bond; and
WHEREAS, the Project represents one such recreation/cultural project; and
WHEREAS, the Project 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 and cultural
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:
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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 and
cultural opportunities for use by the public and thereby provide a mechanism for the
COUNTY to assist MUNICIPALITY in the funding of the Project.
Section 1.03 COUNTY will pay to MUNICIPALITY a total amount not to exceed $150,000
for the design and construction of the Project as more fully described in the Project
Description, Conceptual Site Plan, and Cost Estimate attached hereto and made a part
hereof as Exhibit "A".
Section 1.04 MUNICIPALITY agrees to provide funding in an amount of $0 or greater to
complete design and construction of the Project. The parties agree that the COUNTY shall
provide its portion of the funding only after MUNICIPALITY has expended $0.
Section 1.05 COUNTY's representative during the design and construction of the Project
shall be the Director of Parks and Recreation, Palm Beach County Parks and Recreation
Department, telephone no. (561) 966-6685. MUNICIPALITY's representative during the
design and construction of the Project shall be Wally Majors, Recreation and Parks
Director, Boynton Beach, 561-742-6255.
Section 1.06 MUNICIPALITY shall design and construct renovations on the property as
more fully described in Exhibit "B" attached hereto and made a part hereof.
Section1.07 MUNICIPALITY shall utilize its procurement process for all design and
construction services required for the Project. Said procurement process shall be
consistent with all federal, state and local laws, rules and regulations. COUNTY shall have
no contractual obligation to any person retained by MUNICIPALITY with regard to the
Project. Any dispute, claim, or liability that may arise as a result of MUNICIPALITY's
procurement is solely the responsibility of MUNICIPALITY and MUNICIPALITY hereby
holds the COUNTY harmless for same to the extent permitted by law and subject to the
limitations of Section 768.28, Florida Statutes.
ARTICLE 2: DESIGN AND CONSTRUCTION
Section 2.01 MUNICIPALITY shall be responsible for the design and construction of the
Project. MUNICIPALITY shall design and construct the Project in accordance with Exhibit
"A", attached hereto and made a part hereof, and with all applicable federal, state and local
laws, rules and regulations.
Section 2.02 Prior to or upon execution of this Interlocal Agreement by the parties hereto,
MUNICIPALITY shall initiate its procurement process to select the necessary professional
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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 Project.
Section 2.03 MUNICIPALITY 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 MUNICIPALITY shall be responsible for securing all permits and approvals
necessary to construct the Project.
Section 2.05 Prior to MUNICIPALITY commencing construction of the Project,
MUNICIPALITY shall provide a copy of all plans and specifications, along with the
associated costs thereof, to the COUNTY's Representative for review to ensure
consistency with the intent of this Interlocal Agreement.
Section 2.06 MUNICIPALITY agrees to totally complete the Project and open same to the
public for its 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 MUNICIPALITY may request an extension beyond this
period for the purpose of completing the Project. COUNTY shall not unreasonably deny
MUNICIPALITY's request for said extension.
Section 2.07 MUNICIPALITY shall submit quarterly project status reports to the COUNTY's
Representative on or 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 COUNTY to MUNICIPALITY on a reimbursable basis. Any costs incurred in
connection with the Project in excess of that amount shall be the sole responsibility of
MUNICIPALITY. Should the total cost of the Project exceed the amount as projected by
MUNICIPALITY, MUNICIPALITY shall appropriate and expend the excess funds required
for completion of the Project. The COUNTY shall not dispense any funds to
MUNICIPALITY for the Project until MUNICIPALITY has appropriated and expended said
excess funds for the Project.
Section 3.02 The COUNTY shall reimburse project costs under the terms of this
Agreement to MUNICIPALITY on a quarterly basis from the date of execution of this
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Interlocal Agreement; however, should the need arise for MUNICIPALITY to be reimbursed
on a more frequent basis, then COUNTY will, at MUNICIPALITY's specific request for each
instance, make its best efforts to reimburse MUNICIPALITY within forty five (45) days of
such special request. For each requested payment, MUNICIPALITY 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 MUNICIPALITY and shall include the vendor invoice number; invoice date; and the
amount paid by MUNICIPALITY along with the number and date of the respective check for
said payment. MUNICIPALITY shall attach a copy of each vendor invoice paid by
MUNICIPALITY 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, MUNICIPALITY's Project Administrator and Project Financial Officer shall certify
the total funds spent by MUNICIPALITY on the Project and shall also certify that each
vendor invoice as listed on the Contractual Services Purchase Schedule Form was paid by
MUNICIPALITY as indicated.
Section 3.03 The COUNTY shall retain not less than ten percent (10%) of the total amount
allocated to tv1UNICIPALlTY forthe Project until MUNICIPALITY completes the Project and
provides COUNTY with either a Certificate of Occupancy or a Project Completion
Certification as determined by COUNTY, and the COUNTY receives and approves all
documentation as required in accordance with this Interlocal Agreement. The COUNTY's
representative shall visit the Project site to verify and approve said final reimbursement.
Section 3.04 MUNICIPALITY shall provide a request for final reimbursement to the
COUNTY no later than ninety (90) days following completion of the Project and provision of
either a Certificate of Occupancy or Project Completion Certification to the County.
Section 3.05 The County agrees to reimburse MUNICIPALITY an amount not to exceed
$150,000 for pre-agreement costs.
Section 3.06 For construction projects fully funded by the County, no more than 10% of
the County's funding for the project shall be used for design and engineering costs for the
project and be eligible for reimbursement under this Agreement. For construction projects
not fully funded by the County, all design and engineering costs associated with the project
shall be borne by the MUNICIPALITY, and will not be eligible for reimbursement from the
County.
Section 3.07 County shall reimburse Project costs only after MUNICIPALITY has expended
its share of Project funding in its entirety. MUNICIPALITY shall provide the County with a
certification, in a form acceptable to the County, from an independent auditor that the
MUNICIPALITY has complied with this Project funding provision. The County will be
entitled to rely on that certification in reimbursing Project costs to the MUNICIPALITY under
this Agreement.
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ARTICLE 4: OWNERSHIP, OPERATION AND MAINTENANCE
OF THE PROJECT
Section 4.01 Upon completion, the Project shall remain the property of the MUNICIPALITY.
The COUNTY shall not be required to pay MUNICIPALITY any additional funds for any
other capital improvement required by or of MUNICIPALITY.
Section 4.02 MUNICIPALITY hereby warrants and represents that it has full legal authority
and financial ability to operate and maintain said Project. MUNICIPALITY shall be
responsible for all costs, expenses, fees and charges, and liability related to the operation
and maintenance of the Project.
Section 4.03 MUNICIPALITY shall operate and maintain the Project for its intended use by
the general public for a term of thirty (30) years from the execution of this Interlocal
Agreement by the parties hereto. MUNICIPALITY shall maintain the Project in accordance
with industry standards for such facilities to prevent undue deterioration and to encourage
public use.
Section 4.04 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. MUNICIPALITY may not assign this Interlocal Agreement or any interest
hereunder without the express prior written consent of the COUNTY.
Section 4.05 It is the intent of COUNTY to issue this funding assistance to
MUNICIPALITY for the purpose set forth hereinabove. In the event MUNICIPALITY
transfers ownership of the 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,
MUNICIPALITY 's obligations hereunder, COUNTY retains the right to reimbursement from
MUNICIPALITY for its participation to the full extent of the funding assistance awarded to
accomplish the Project. Should MUNICIPALITY transfer management of the project to a
party or parties not now a part of this Interlocal Agreement, MUNICIPALITY shall continue
to be responsible for the liabilities and obligations as set forth herein. Further,
MUNICIPALITY shall not transfer management of the Project to a third party without the
written consent of the COUNTY.
ARTICLE 5: USE OF THE PROJECT
Section 5.01 MUNICIPALITY warrants that the Project shall serve a public recreational or
cultural 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
MUNICIPALITY. MUNICIPALITY shall not discriminate on the basis of race, color, sex,
national origin, age, disability, religion, ancestry, marital status or sexual orientation,
gender, expression, or identity with respect to use of the Project.
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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.
MUNICIPALITY shall restrict its use of the Project to recreational, cultural, civic, community
and social purposes only unless otherwise agreed to in writing by the parties hereto.
Section 5.03 MUNICIPALITY shall affix a permanent plaque or marker in a prominent
location at the 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
MUNICIPALITY shall maintain adequate records to justify all charges, expenses, and costs
incurred in estimating and performing the design/construction of the Project for at least five
(5) 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 MUNICIPALITY until final
resolution of matters resulting from any litigation, claim, or special audit that starts prior to
the expiration of the five (5) year period. The COUNTY reserves the right, upon reasonable
request and during normal business hours, to inspect said Project 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
With a copy to:
County Attorney
301 North Olive Avenue, Suite 601
West Palm Beach, FL 33401
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As to the MUNICIPALITY:
City Manager
City of Boynton Beach
100 East Boynton Beach, Boulevard
Boynton Beach, Florida 33435
ARTICLE 8: TERMINATION FOR NON-COMPLIANCE
The COUNTY may terminate this Interlocal Agreement upon written notice to
MUNICIPALITY for non-compliance by MUNICIPALITY in the performance of any of the
terms and conditions as set forth herein and where MUNICIPALITY does not cure said
non-compliance within ninety (90) days of receipt of written notice from the COUNTY to do
so. Further, if MUNICIPALITY does not cure said non-compliance within the time frame
specified above, then upon written notice, the COUNTY may require MUNICIPALITY to
reimburse any funds provided to MUNICIPALITY pursuant to this Interlocal Agreement
either in whole or in part once the COUNTY has reasonably determined that no other
remedy is available.
ARTICLE 9: 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 10: FILING
A copy of this Interlocal Agreement shall be filed with the Clerk of the Circuit Court in and
for Palm Beach County.
ARTICLE 11: INDEMNIFICATION
It is understood and agreed that MUNICIPALITY is merely a recipient of County funding
and is an independent contractor and is not an agent, servant or employee of County or its
Board of County Commissioners. It is further acknowledged that the County only
contributes funding under this Agreement and operates no control over the Project. In the
event a claim or lawsuit is brought against County or any of its officers, agents or
employees, MUNICIPALITY shall indemnify, save and hold harmless and defend the
County, its officers, agents, and/or employees from and against any and all claims,
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liabilities, losses, judgments, and/or causes of action of any type arriving out of or relating
to any intentional or negligent act or omission of MUNICIPALITY its agents, servants
and/or employees in the performance of this Agreement. The foregoing indemnification
shall survive termination of this Agreement.
In consideration for reimbursement of costs incurred prior to the term of this
Agreement, the foregoing indemnification shall apply not only during the term of this
Agreement, but also apply for the period prior to the Agreement for which MUNICIPALITY
is eligible to receive reimbursement from the County.
ARTICLE 12: INSURANCE
Without waiving the right to sovereign immunity as provided by Section 768.28, Florida
Statutes, the MUNICIPALITY acknowledges to be either insured or self-insured for General
Liability and Automobile Liability under Florida sovereign immunity statutes with coverage
limits of $100,000 Per Person and $200,000 Per Occurrence; or such monetary waiver
limits that may change and be set forth by the legislature.
The MUNICIPALITY agrees to maintain or to be self-insured for Workers Compensation
and Employer's Liability insurance in accordance with Florida Statutes Chapter 440.
The MUNICIPALITY agrees to maintain or acknowledges to be self-insured for property
insurance, in an amount at least equal to the estimated completed project value as well as
subsequent modifications of that sum; thereafter, All-Risk property insurance for adequate
limits based on the MUNICIPALITY'S replacement cost or probable maximum loss
estimates for the perils of either fire, wind, or flood. MUNICIPALITY shall agree to be fully
responsible for any deductible or self-insured retention.
The MUNICIPALITY shall agree to provide a statement or Certificate of Insurance
evidencing insurance, self-insurance, and/or sovereign immunity status, which COUNTY
agrees to recognize as acceptable for the above mentioned coverages.
Compliance with the foregoing requirements shall not relieve MUNICIPALITY of its liability
and obligations under this Interlocal Agreement.
The MUNICIPALITY shall require each Contractor engaged by MUNICIPALITY for work
associated with this Agreement to maintain:
1. Workers' Compensation coverage in accordance with Florida Statutes
including endorsements for U.S. Longshore and Harbor Workers
Compensation Act and the Merchant Marine Act (Jones Act) in the event
any portion of the scope of services/work occurs over, near, or
contiguous to any navigable bodies of water.
2. Commmercial General Liability coverage at limits of not less than
$1,000,000 Each Occurrence. The COUNTY shall be added an
"Additionallnsured".
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3. Business Auto Insurance with limits of not less than $1 ,000,000 Each
Accident.
4. If the construction work being performed exceeds $200,000, a
payment and performance bond for the total amount of their construction
contract, in accordance with Florida Statute 255.05.
5. The Contractor agrees to carry builder's risk insurance while the
project is in the course of construction in an amount at least equal to the
estimated completed project value as well as subsequent modifications of
that sum.
ARTICLE 13: PUBLIC ENTITY CRIMES
As provided in Section 287.132-133, Florida Statutes, by entering into this contract or
performing any work in furtherance hereof, MUNICIPALITY certifies that it, its affiliates,
suppliers, subcontractors and consultants who will perform hereunder, have not been
placed on the convicted vendor list maintained by the State of Florida Department of
Management Services within the 36 months immediately preceding the date hereof. This
notice is required by Section 287.133 (3) (a), Florida Statutes.
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.
ARTICLE 16: ENTIRETY OF AGREEMENT
This Interlocal Agreement represents the entire understanding between the COUNTY and
MUNICIPALITY, 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.
ARTICLE 17: THIRD PARTY BENEFICIARIES
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
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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.
IN WITNESS WHEREOF, the parties have caused this Interlocal Agreement to be
executed on the day and year first above written.
ATTEST:
SHARTON R. BOCK, Clerk & PALM BEACH COUNTY, BY ITS
Comptroller BOARD OF COUNTY COMMISSIONERS
By: By:
Deputy Clerk Commissioner John F. Koons, Chairman
CITY OF BOYNTON BEACH
BY:;~~
APPROVED AS TO TERMS AND ayor AS TO FORM AND
CONDITIONS: FICIENCY:
By: By:
Dennis L. Eshleman, Director
Parks and Recreation Department
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
By:
County Attorney
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LIST OF EXHIBITS
EXHIBIT A
Project Description, Conceptual Site Plan, and Cost Estimate
EXHIBIT B
Legal Description of Property
EXHIBIT C
Contract Payment Request Form (Page 1 of 2) and
Contractual Services Purchase Schedule Form) (Page 2 of 2)
EXHIBIT D
Pre-Agreement Cost List (Not Applicable)
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EXHIBIT A
PROJECT DESCRIPTION, CONCEPTUAL
SITE PLAN, AND COST ESTIMATE
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EXHIBIT A
Congress Avenue Barrier Free Community Park
Project Description
The Congress Avenue Barrier Free Community Park consists of 13.5 acres located on
South Congress Avenue. The park is currently being design and bids are scheduled to be
received in January. Park amenities will include three large play areas in the fashion of
the "Boundless Park" concept, picnic shelter, seating areas, restroom, trails, sensory
areas, public art, landscaping and irrigation. The overall park theme is one of a "swamp"
with hidden swamp critters, "pretend" streams, lake fronts and natural vegetation.
In November 2008, Palm Beach County through Commissioner Kanjian offered
$150,000 to the City for the inclusion of a water feature. This feature will become one
component of the larger park. The water feature will include a stamped concrete
"littoral" edge, alligator head with misters along the sides, cattail sprayers, lily pad walk,
frog sprayers and associated elements such as benches, trash receptacles, etc.
Estimated Cost
$150,000 includes design and construction
Conceptual Site Plan
Please see attachment
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aloog body
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Frog and tile
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Exposed
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. CONGRESS AVENUE COMMUNITY PARK
City of Boynton Beach
November 25, 2008
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EXHIBIT B
LEGAL DESCRIPTION OF PROPERTY
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EXHIBIT B
LEGAL DESCRIPTION
Begirming for the same at a point dis.tance (I) Soutl1 00"33' 16" West 7&537 feet and (2) South 88"46'47"
West 53.03 feet from the Northeast corner of Section 6, Township 46 South, Range 43 Fa<;!, said point
also lying in the Southerly right-of-way line ofWcsl Chapel Hill Road and the Westerly right-of-'\Nay line
of Congress A venue and being the Northeast comer of the parcel hereinafter described, and nmning
thence with part of said Congress Avenue (1) South 00"33'16" West 996.81 feet to a pomt; thence leaving
said right-of-way line (2) North &4057' 14" West 5215.39 feet to a point; thence (3) south 79"46'47" West
401.87 feetto a point; thence (4) NOtth 00033'16" East] 002.0{) feet to a point in the Southerly right-of-
way line of West Chapel Hill Road; thence with part of said right-of-way line (5) North 88"4(,'47" East
922.00 feet to the place of beginning.
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EXHIBIT C
CONTRACT PAYMENT REQUEST FORM AND CONTRACTUAL SERVICES
PURCHASE SCHEDULE FORM
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PALM BEACH COUNTY
PARKS AND RECREATION DEPARTMENT
EXHIBIT C
CONTRACT PAYMENT REQUEST
Date
Grantee:
Project Name:
Submission #:
Reimbursement Period:
Item
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Project Costs
This Submission
Cumulative
Project Costs
Consulting Services
(CS)
Contractual Services
(C)
Materials, Supplies, Direct Purchases
(M)
Equipment, Furniture
(E)
TOTAL PROJECT COSTS
Kev Leqend
fCS"~'C~~~'~lti'~g's~~i~~~"'''''''''''' ................... ..................~
~ C = Contractual Services ~
~ M = Materials, Supplies, Direct Purchases ~
L~..~ .~.:.~~~:.~.~~:.~.~.~~~~.~.~:.................................................1
Certification: I hereby certify that the above
expenses were incurred for the work identified as
being accomplished in the attached progress
reports.
Certification: I hereby certify that the documentation has
been maintained as required to support the project
expenses reported above and is available for audit upon
request.
Administrator
Date
Financial Officer
Date
County Funding Participation
PBC USE ONLY
$
$
$
$
$
$
Total Project Costs To Date:
County Obligation To Date
County Retainage (_ %)
County Funds Previously Disbursed
County Funds Due this Billing
Reviewed and Approved By:
PBC Project Administrator
Date
Department Director
Date
G:\SYINGER\FORMS\3Pg-Exhibit C-Bond.xls
Page 1 of
1;;.~~~ r............................K~~..L~~;~d................................]
~ . i CS" Consulting Services i
~ 1>" i C "Contractual Services 1
ORI : M " Materials, Supplies, Direct Purchases 1
! E " Equipment, Furniture !
....................................................................................:
Grantee:
PALM BEACH COUNTY
PARKS AND RECREATION DEPARTMENT
CONTRACTUAL SERVICES PURCHASE SCHEDULE
Submittal #:
Check or Voucher
Key Number Date
~ Payee (Vendor/Contractor)
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
Certification: I hereby certify that the purchases noted above were
used in accomplishing this project.
Administrator
Date
G:ISYINGERIFORMSI3Pg-Exhibil C-Bond.xls
Date
Project Name:
EXHIBIT C
Reimbursement Period:
Invoice
Number Date
TOTAL $
Amount
Expense Description
Certification: I hereby certify that bid tabulations, executed contract, cancelled checks, and other
purchasing documentation have been maintained as required to support the costs reported above
and are available for audit upon request.
Page 2 of
Financial Officer
Date
e
~IV
.................................................................................... PALM BEACH COUNTY
i Kev Leaend i
i CS = Consulting Services i PARKS AND RECREATION DEPARTMENT
1~:.:.~:~:.~~~~r~~,'~,,:".:~:::'mrNTRACTUAL SERVICES PURCHASE SCHEDULE
Ln Payee (Vendor/Contractor)
~ Number
Check or Voucher
Date
Certification: I hereby certify that the purchases noted above
were used in accomplishing this project.
Administrator
Date
G:\SYINGER\FORMS\3Pg-Exhibit C-Bond.xls
Invoice
Number
Date
TOTAL $
Amount
EXHIBIT C
(cont'd.)
Expense Description
Certification: I hereby certify that bid tabulations, executed contract, cancelled checks,
and other purchasing documentation have been maintained as required to support the
costs reported above and are available for audit upon request.
Page
of
Date
EXHIBIT D
PRE-AGREEMENT COST LIST
(NOT APPLICABLE)
15
'".STAR
EXHIBIT E
looNS'URANCE
COMPANY
~"""""."'4~'--(._
STAR INSURANCE COMPANY
CERTIFICATE OF INSURANCE
DATE ISSUED: 10/11/07
PRODUCER This certificate is issued as a matter of information only and confers no rights upon
the certificate holder. This certificate DOES NOT amend, extend or alter the coverage
Arthur J. Gallagher & Co. afforded by the policies below. .
2255 Glades Road
Suite 400 E. COMPANIES AFFORDING COVERAGE
Boca Raton. FL 33431
INSURED COMPANY (A) STAR INSURANCE COMPANY
City of Boynton Beach
100 E. Boynton Beach Boulevard COMPANY (B)
Boynton Beach, FL 33425
COMPANY (C)
COMPANY (0)
COVERAGES
This is to certify that the policies of Insurance listed below have been issued to the insured named above for the policy period indicated,
notwithstanding any requirement. tenn or condition of any contract or other document with respect to which this certificate may be issued or may
pertain, the Insurance afforded by the policies described herein is subject to all the terms, exclusions and conditions of such policies, Limits shown
may have been reduced by paid claims.
co TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LlM1TS
LTR DATE IMMIDOlYYl DATE IMMIOOIYY)
GENERAL LIABILITY
A IllI COMMERCIAL GENERAL LIABIl.lTY CP 02677 29 101112007 41112009 GENERAL AGGREGATE ~~
o CLAIMS MAOE IllI OCCUR PROOUCTS.COMPIOP AGG
DOWNER'S & CONTRACTOR'S PROT EACH OCCURRENCE seE BELOW
FIRE DAMAGE (atly one fire)
MEO. EXPENSE (anyone person)
AUTOMOBILE LIABILITY
A o ANY AUTO NlA N/A N/A COMBINED SINGLE LIMIT ~
o ALL OWNED AUTOS 80Dll Y INJURY ,,., ,~""j
o SCHEDULED AUTOS BOOIL Y INJURY (".. -.~l
o HIRED AUTOS PROPERTY DAMAGE
o NON.OWNED AUTOS
CJ GARAGE LIABILITY
EXCESS L1ABILlW
A o UMBRELLA FORM EACH OCCURRENCE $5.000.000
lliJ OTHER THAN UMBRELLA FORM CP 02677 29 10i112007 4/1/2009 AGGREGATE lli..Q9.Q.QQQ
A WORKERS' COMPENSATION CP 02677 29 10/112007 4/112009 STATUTORY LIMITS ~
AND
EMPLOYERS' L1ABILfTY EACH ACCIDENT
DISEASE-POliCE LIMIT
DISEASE-EACH EMPLOYEE
Company A - Policy subject Ie;>" $/JOO.OOO. S.I.R. per occurrence.
..,'. ... .........."..--..... . .........., .............,....,...........................-.... ......."........,..,.. ............-........................... . .........~....._..... .. ........~.. ..,.............-"..................... ........."h;..,..".. ..,,'.........,..--. .......h....__. .-..........,.........
DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/SPECIAL ITEMS - All operations usual to a City Government including
Palm Beach County Board of County Commissioners, a political subdivision of the State of Florida, Its Officers, Employees and
Agents as additional insured as their interests may appear throughout the policy period for municipal activities in coordination and/or
conjunction with Palm Beach County Board of County Commissioners.
......n..... ...".... " . .........h__.... . ........Ai.!..QI!,1li!r..J~f.!'!1~..?I}.d...~.ng!.ti.9.I}.~..Qf..t.l,1i~.,l?Q!!~y..r.~f.lla.il}..y.[l.~j1.?l}g.~........,.,.... ........... ..............-....................,."...................................
CERTIFICATE HOLDER
Should any of the above described policies be cancelled before the expirallon
Palm Beach County Board of County date thereof, the issuing company will endeavor to mail 30 days written notice to
the certificate holder named to the left, but failure to mail such notice shall impose
Commissioners no obligation or liability of any kind upon the company, Its agents or
Risk Mgt. Dept. representatives.
160 Australian Or.
West Palm Beach, FL 33406 ?
Attention: RIchard Cohen ,C. I] ..
-'b-------L he /
Authorized Signature: /' ,?,p .. _"""<C..-
,./ Sandra M. Donaghy
.,
Meadowbrook Insurance Group
Department of
Parks and Recreation
2700 6th Avenue South
Lake Worth, FL 33461
(561) 966-6600
Fax: (561) 966-6734
www.pbcparks.com
.
Palm Beach County
Board of County
Commissioners
Jeff Koons, Chairman
Burt Aaronson, Vice Chairman
Karen T. Marcus
Shelley Vana
Mary McCarty
Jess R. Santamaria
Addie L. Greene
County Administrator
Robert Weisman
'aim Rearh l10uRI '
I !)(t!I- ~nmt
\ ill 11
~~
'/'In Equal Opportunity
.1[firmatil'e Action Employer"
@ printed on recycled paper
February 5,2009
Mr. Wally Majors, Director
Recreation and Parks Department
100 East Boynton Beach Boulevard
Boynton Beach, FL 33435
RE: 2002 Recreation and Cultural Facilities Bond - Agreement for Design
Construction of the Congress Avenue Barrier Free Community Park
Water Feature
Dear Mr. Majors:
Attached for execution on behalf of the City of Boynton Beach are two
originals of a funding Agreement for design and construction of the Congress
Avenue Barrier Free Community Park Water Feature. Upon execution of the
Agreement by the City, please return both originals to Susan Yinger,
Administrative Support Manager, accompanied by the updated insurance
certificates (include Automobile liability), to place on the Agenda for approval
by the Board of County Commissioners.
Project elements of the water element include a stamped concrete "littoral"
edge, alligator head with misters along the sides, cattail sprayers, lily pad
walk, frog sprayers, and associated elements including benches, trash
receptacles, and other miscellaneous features.
Please contact Ms. Yinger at 966-6653 if you have any questions on the
Agreement. On behalf of Commissioner Shelley Vana and the Board of
County Commissioners, we look forward to assisting the City of Boynton
Beach with the construction of the Congress Avenue Barrier Free Community
Park water feature.
.~
ennis L. Eshleman, Director
Parks and Recreation Department
DLE:SWY
Attachment - Two originals of Agreement for Signature and Return
Copy to: Commissioner Shelley Vana, District 3
The City of Boynton Beach
City Clerk's Office
100 E BOYNTON BEACH BLVD
BOYNTON BEACH FL 33435
(561) 742-6060
FAX: (561) 742-6090
e-mail: prainitoj@bbfl.us
www.boynton-beach.org
March 25, 2009
Department of Parks and Recreation
2700 6th Avenue South
Lake Worth, FL 33461
Attention: Ms. Susan Yinger
Administrative Support Manager
Re: Resolution R09-052 Interlocal Agreement between Palm Beach County and the
City of Boynton Beach For the congress Avenue Barrier Free Community Park
Water Feature
Dear Ms. Yinger:
Attached for your handling are two (2) partially executed agreements and a copy of the Resolution
mentioned above. Once the agreements have been signed, please return one original to the City
Clerk's Office for Central File.
If you have any questions, please do not hesitate to contact me.
Very truly yours,
CITY OF BOYNTON BEACH
~Yn.~
et M. Prainito, CMC
City Clerk
Attachments
CC: Wally Majors
tis
S:\CC\WP\AFTER COMMISSION\County Transminals\2009\r09-052 ILA PBC and BBC Congress Ave Barrier Free Park Water Feature.doc
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