R09-174
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1 RESOLUTION R09- 114
2
3 A RESOLUTION OF THE CITY OF BOYNTON BEACH,
4 FLORIDA, APPROVING AND AUTHORIZING EXECUTION BY
5 THE MAYOR OF AN INTERLOCAL AGREEMENT BETWEEN
6 THE CITY OF BOYNTON BEACH AND PALM BEACH
7 COUNTY FOR JOINT PARTICIPATION AND PROJECT
8 FUNDING FOR THE CONSTRUCTION OF THE BRIDGE ON
9 LAWRENCE ROAD IN THE AMOUNT OF $48,583.20; AND
10 PROVIDING AN EFFECTIVE DATE.
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12 WHEREAS, Palm Beach County will be widening the bridge over the C. Stanley
13 Weaver Canal; and
14 i WHEREAS, as part of their work, Palm Beach County's contractor will be replacing
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15 existing piping which piping and appurtenances will be owned by the City upon acceptance
16 and the City will be responsible for future maintenance and repairs; and
17 WHEREAS, the City Commission of the City of Boynton Beach upon
18 recommendation of staff, deems it to be in the best interest of the citizens of the City of
19 Boynton Beach to authorize execution of the Interlocal Agreement with Palm Beach County
20 for joint participation and project funding for the construction of the bridge on Lawrence
21 Road from south of the C. Stanley Weaver Canal to north ofthe C. Stanley Weaver Canal.
22 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
23 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
24 Section I. The foregoing "Whereas" clauses are hereby ratified and confirmed as
25 being true and correct and are hereby made a specific part of this Resolution upon adoption
26 hereof.
27 Section 2. Upon recommendation of staff, this Commission does hereby approve
28 and authorize the Mayor to execute the Interlocal Agreement between the City of Boynton
29 Beach and Palm Beach County for joint participation and project funding for the construction
S:\CA\RESO\Agreements\Reso - ILA with PSC for Lawrence Rd Bridge funding.doc
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1 of the bridge on Lawrence Road from south ofthe C. Stanley Weaver Canal to north ofthe C.
2 Stanley Weaver Canal in the amount of $48,583.20, a copy of which Agreement is attached
3 hereto and made a part here.
4 Section 3. That this Resolution shall become effective immediately upon passage.
5 PASSED AND ADOPTED this ~ day of November, 2009.
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7 CITY OF BOYNTON BEACH, FLORlDA
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23 ATTEST:
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27 J et M. Prainito, CMC
28 Ity Clerk
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S:\CA\RESO\Agreements\Reso - ILA with PSC for Lawrence Rd Bridge funding.doc
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INTERLOCAL AGREEMENT BETWEEN PALM BEACH COUNTY, FLORIDA
AND
CITY OF BOYNTON BEACH
FOR JOINT PARnCIPAnON AND PROJECT FUNDING
IN CONSTRUCTION OF
LAWRENCE ROAD
FROM SOUTH OF C. STANLEY WEAVER CANAL TO NORTH OF C. STANLEY
WEAVER CANAL
PALM BEACH COUNTY PROJECT NO. 2006502
DEe 1 5 2009
THIS Interlocal Agreement, (hereinafter "Agreement''), is made as of the _ day of
, 2009, by and between Palm Beach County, a political subdivision of the
State of Florida, (hereinafter "COUNTY") and the City of Boynton Beach, a municipal corporation
existing under the laws of Florida, (hereinafter "CfTY"), each one constituting a public agency
defined in Part I of Chapter 163, Florida Statutes.
WHEREAS, Section 163.01, Florida Statutes, known as the "Florida Interlocal
Cooperation Act of 1969", authorizes local governments to make the most effident use of their
powers by enabling them to cooperate with other localities on a basis of mutual advantage,
thereby providing services and facilities that will harmonize geographic, economic, population,
and other factors influencing the needs and development of local communities; and
WHEREAS, Part I of Chapter 163, Florida Statutes, permits public agencies as defined
therein to enter into Interlocal Agreements with each other to jointly exercise any power,
privilege, or authority which such agencies share in common and which each might exercise
separately; and
WHEREAS, the COUNTY intends to widen the bridge over C. Stanley Weaver Canal
(hereinafter the "Project''); and
WHEREAS, the COUNTY and the cm desire to jointly participate in the construction of
utility adjustments to the City's water main and other improvements within the Project area,
hereinafter referred to as the "Work"; and
WHEREAS, both COUNTY and cm declare that it is in the public interest that the
"Work" be constructed with the aforementioned PROJECT; and
NOW, THEREFORE, in consideration of the mutual covenants, promises, and
representations contained herein, the parties agree as follows:
Section 1. Recitals.
The above recitals are true and correct and are incorporated herein.
Section 2. Term.
The term of this Agreement shall be effective on the date of execution of this Agreement by
both parties and shall continue in full force and effect until completion, unless otherwise
terminated as provided herein.
Section 3. Project to be Completed bv the COUNTY:
COUN1Y shall provide construction and administrative services to the "Project" as more
specifically described in the Bid Documents for Palm Beach County Project No. 2006502. The
Project, as set forth in this Agreement, shall be performed on Lawrence Road South of the C.
Stanley Weaver Canal to North of the C. Stanley Weaver Canal.
Section 4. Responsibilities and Duties:
A. cm shall reimburse COUN1Y a total estimated amount of Forty Eight Thousand Five
Hundred Eighty Three Dollars and Twenty Cents (48,583.20), this amount includes
Forty Three Thousand and Forty Dollars ($43,040.00) of utility items cost plus Rve Thousand
Five Hundred Forty Three Dollars and Twenty Cents (5,543.20) for the design and permitting
necessary for relocation of the water main, provided COUNTY performs pursuant to the terms
and conditions of this Agreement for all "Work" in accordance with the Bid Tabulation
(Exhibit "A") and summary (Exhibit "B''), the cm Utility Items for specified work. Any cost
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City of Boynton Beach Interlocal Agreement
specified work. Any cost exceeding this amount attributable to City of Boynton Beach Utility
Items, shall be paid by the CITY. The COUN1Y agrees that the extent of the City's responsibility
under this Agreement shall be limited solely to funding, as stated above.
B. Costs shall be based upon actual contract costs using contract unit prices and actual
constructed quantities, said quantities being measured by the COUNTY with concurrence by the
cm.
C. COUNTY shall obtain written approval from the cm in advance of any change orders
which increase the cost attributable to the Work to an amount greater than the contract
amount as stated in Paragraph A of this Agreement. Approval shall not be unreasonably
withheld.
D. COUNTY shall secure all necessary easements and permits required to perform the
Project.
E. COUNTY shall publicly bid, administer, construct and inspect the Project and Work in
accordance with the Bid Documents and Exhibit "A".
F. COUN1Y shall reqUire the contractor to provide a Public Construction Bond in an amount
equal to the contractor's bid for the Project and the Work.
G. COUNTY shall use its own personnel, Contractor and/or subcontractors to perform this
Agreement, and each contractor/subcontractor shall indemnify and save harmless the em
against or from all cost, expense, damages, injury, or loss to which the em may be subjected
by reason of any wrongdoing, misconduct, want of care of skill, negligence, failure to complete
within the prescribed time, or default, including patent infringement, on the part of
contractor/subcontractor, (his), (its), (their) agents or employees, in the execution or
performance of said Contract.
H. Upon completion of the Project and the Work, the em shall repair and maintain the
water system, at City's expense.
Section 5. Payments/Invoicing and Reimbursement:
The COUN1Y will invoice the CIlY on a periodic basis during construction of the project and the
Work. The cm agrees to provide to COUN1Y reimbursement funding for documented costs for
the Work in the amount established in Section 4.A. Upon COUN1Y'S submission of acceptable
documents needed to substantiate their costs for the Work, CIlY will use its best efforts to
provide said funds to COUNTY on a reimbursement basis within thirty (30) days of receipt of all
required documents. COUN1Y shall submit all invoices to the em identifying the Work,
including COUNTY'S total expenditure for the Project, and identifying the amount attributable to
the City's "Work" under Exhibit "A". COUNTY shall supply any further documentation such as
copies of paid receipts, canceled checks, invoices and other documents deemed necessary by
the cm within seven (7) calendar days of request by the CITY. Invoices received from
COUN1Y will be reviewed and approved by the CfTY to insure that expenditures have been
made in conformity with this Agreement. Invoices will normally be paid within thirty (30) days
following approval. In no event shall the em provide advance funding to the COUN1Y.
The Project and the Work will be initiated by the COUNTY. Only those costs incurred by the
COUNTY relating to the Work are eligible for reimbursement by the CITY pursuant to the terms
and conditions hereof. In the event the COUNTY ceases or suspends the Project or the Work
for any reason, the CI1Y will reimburse the COUN1Y for the Work completed as of the date the
County uses to suspend the Work. Any remaining unpaid portion of this Agreement shall be
retained by the em and the CI1Y shall have no further obligation to honor reimbursement
requests submitted by the COUNTY.
Section 6. Repavment
COUNTY shall repay the CI1Y for all unauthorized, illegal or unlawful expenditures of revenues, including those discovered after the expiration or termination of this Agreement. Funds which
are to be repaid to the CfTY are to be repaid by delivering to the CITY payment for the total
amount due and payable to the CI1Y, within ten (10) days of the City's demand. Nothing
contained herein shall act as a limitation of the City's right to be repaid, as a waiver of any
rights of the CfTY or exclude the CfTY from pursuing any other remedy which may be available
to it under law or equity.
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City of Boynton Beach Interlocal Agreement
Section 7. Access and Audits:
COUNTY shall maintain books, records, and documents to justify all charges, expenses and
costs incurred under this Agreement and in performing the Project, in accordance with
Generally Accepted Accounting Principles (GAAP), as promulgated by the Government Rnance
Officers Association from time to time. The em shall have access to all books, records, and
documents as required in this Agreement, and for at least three (3) years after completion of
the Project. In the event any work is subcontracted by COUNTY, COUNTY shall similarly require
each Contractor and subcontractor to maintain and allow access to such records for audit
purposes.
Section 8. Independent Contractor:
COUNTY is, and shall be, in the performance of all work, services and activities under this
Agreement an Independent Contractor and not an employee, agent or servant of CIlY. All
persons engaged in any of the work or services performed pursuant to this Agreement shall at
all times, and in all places, be subject to COUN1Y'S sole direction, supervision, and control.
COUNTY shall exercise control over the means and manner in which it and its employees
perform the work, and in all respects COUN1Y'S relationship and the relationship of its
employees to the em shall be that of an Independent Contractor and not as employees or
agents of the em.
COUNTY does not have the power or authority to bind the CIlY in any promise, Agreement or
representation.
Section 9. Personnel:
COUNTY represents that it has, or will secure at its own expense, all necessary personnel
required to perform the services under this Agreement. Such personnel shall not be employees
of or have any contractual relationship with the em.
All of the services required hereinunder shall be performed by COUNTY or under its supervision,
and personnel engaged in performing the services shall be fully qualified and, If required,
authorized or permitted under state and local law to perform such services.
All of COUNTY'S personnel, Contractors and all subcontractors while on County premises will
conduct themselves in an acceptable manner and follow acceptable safety and security
procedures.
Section 10. Indemnification:
Each party shall be liable for its own actions and negligence and, to the extent permitted by
law, and COUNTY! CITY shall indemnify, defend, and hold harmless COUNTY! CIlY against any
and all actions, claims, or damages arising out of COUN1Y'S! CIlY'S actions in connection with
this Agreement. The foregoing indemnification shall not constitute a waiver of sovereign
immunity beyond the limits set forth in Florida Statutes, Section 768.28, nor shall the same be
construed to constitute agreement by either party to indemnify the other party for such other
party's negligent, willful, or intentional acts or omissions.
This Indemnification provision shall survive the expiration or termination of this Agreement.
Section 11. Annual Appropriation:
The obligations of the COUNTY and the CI1Y under this Agreement are subject to the
availability of funds lawfully appropriated for its purpose by the Oty of Boynton Beach. However
once the Work has commenced it shall be prosecuted to completion and this agreement shall be
binding upon the parties and shall no longer be contingent upon the availability of funds needed
for the construction and neither party shall have the right to terminate the subject Agreement
for the reason that sufficient funds are not available for the construction project.
Section 12. Breach and Opoortunity to Cure:
The parties expressly covenant and agree that in the event either party is in default of its
obligations under this Agreement, each party shall have thirty (30) days written notice before
exercising any of its rights.
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City of Boynton Beach Interlocal Agreement
Section 13. Enforcement Costs:
Any costs or expenses (including reasonable attorney's fees) associated with the enforcement of
the terms and conditions of this Agreement shall be borne by the respective parties.
Section 14. Notice:
All notices required to be given under this Agreement shall be in writing, and deemed sufficient
to each party when sent by United States Mail, postage prepaid, to the following:
All notice to the City shall be sent to:
Peter V. Mazzella, Deputy Director of Utilities
Oty of Boynton Beach
124 East Woolbright Road
Boynton Beach, F133435-6040
All notice to the County shall be sent to:
Omelio A. Fernandez, P.E., Director
Roadway Production Division
P.O. Box 21229
West Palm Beach, FL 33416-1229
Section 15. Modification and Amendment:
Except as expressly permitted herein to the contrary, no modification, amendment or alteration
in the terms or conditions contained herein shall be effective unless contained in a written
document executed with the same formality and equality of dignity herewith.
Section 16. Remedies:
This Agreement shall be governed by and in accordance with the laws of the State of Florida.
Any legal action necessary to enforce this Agreement shall 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 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.
Section 17. Joint Preparation:
The preparation of this Agreement has been a joint effort of the parties, and the resulting
document shall not, solely as a matter of judicial constraint, be construed more severely against
one of the parties than the other.
Section 18. Equal Opportunity:
COUNTY and em agree that no person shall on the grounds of race, color, creed, sex, national
origin, disability, religion, ancestry, marital status, or sexual orientation 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. COUN1Y will ensure that all contracts let for the project
pursuant to the terms of this Agreement will contain a similar non-discrimination and equal
opportunity clause.
Section 19. Execution:
This Agreement may be executed in two or more counterparts, each of which shall be deemed
an original, but all of which together shall constitute one and the same instrument.
Section 20. Filing:
A copy of this Agreement shall be filed with the Clerk of the Circuit Court in and for Palm Beach
County, Florida.
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City of Boynton Beach Inter local Agreement
This Agreement may be terminated by either party to this Agreement upon sixty (60) days
written notice to the other party, except as otherwise addressed in this agreement.
Section 22. Comoliance with Codes and Laws:
COUN1Y shall abide by all applicable federal, state and local laws, orders, rules and regulations
when performing under this Agreement. COUN1Y further agrees to include this provision in all
subcontracts issued as a result of this Agreement.
Section 23. Public Entity Crime Certification:
As provided in F.S. 287.132-133, as may be amended from time to time, by entering into this
Agreement or performing any work in furtherance hereof, COUNTY shall have its contractors
certify that their affiliates, suppliers, subcontractors and consultants who will perform
hereunder, have not been placed on the convicted vendor list maintained by the State of Rorida
Department of Management Services within thirty-six (36) months immediately preceding the
date hereof. This notice is required by F.S. 287.133 (3) (a).
Section 24. Severability:
If any section, paragraph, sentence, clause or provision of this Agreement is for any reason
held by a court of competent jurisdiction to be unconstitutional, inoperative, or void, such
holding shall not affect the remaining portions of this Agreement.
Section 25. Entirety of Agreement:
COUN1Y and CfTY agree that this Agreement sets forth the entire Agreement between the
parties, and there are no promises or understandings other than those stated herein.
IN WITNESS WHEREOF, the undersigned parties have executed this Interlocal Agreement on
the day and year first written above. R 2 0 0 9" 2.1 0 0 DEe 1 5 2009
CfTY OF BOYNTON BEACH PALM BEACH COUNTY, FLORIDA,
BY ITS
BOARD OF COUNTY COMMISSIONERS
BY:~~
Burt Aaronson,
ATTEST:
ATTEST:
JANET PRAINITO
cm CLERK
APPROVED AS TO FORM
AND LEGA UFFICIENCY
BY:
BY:
SHARON R. BOCK,
CLERK & COMPTROLLER
Diputy Clerk
By:
APPROVED AS TO TERMS
AND CONDmONS
APPROVED AS TO FORM
AND LEGAL SUFFICIEN
BY:
N:\ROADWAy\UTILllY COORDINATION\2006502_Lawrance S to N of Boynton Canal\Crty JPA Agree.doc
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Department of Engineering
and Public Works
P.O. Box 21229
West Palm Beach. FL 33416-1229
(561) 684-4000
www.pbcgov.com
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Palm Beach County
Board of County
Commissioners
Jeff Koons, Chairman
Burt Aaronson. Vice Chairman
Karen T. Marcus
Shelley Vana
Steven L. Abrams
Jess R. Santamaria
Priscilla A. Taylor
County Administrator
Robert Weisman
Palm R(larh fOllRfY
Imm.:!mm
I 1 I 1 1 "
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'/In Equal Opportunity
.1ffirmative ,1etion Employer"
@ printed on recycled paper
1 ~ ' ,
January 6, 2010
Christopher J. Roschek, P.E., Engineering Division Manager
City of Boynton Beach Utilities Department
124 East Woolbright Road
Boynton Beach, FL 33435-6040
RE: Joint Project Participation / Funding Agreement in the
Construction of
Lawrence Rd. from S. of C. Stanley Weaver Canal to N. of C.
Stanley Weaver Canal
Palm Beach County Project No. 2006502
Dear Mr. Roschek:
Enclosed for your records is an executed agreement for the above referenced
project approved by the Board of County Commissioners on December 15,
2009.
If you have any questions regarding this matter, please feel free to contact this
office.
Sincerely,
~~
Sam Rohani - Utility Coordinator
Palm Beach County Roadway Production Division
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Enclosure: Original Executed Agreement
Pc: Tanya N. McConnell, P.E., Deputy County Engineer
Marlene R. Everitt, Assistant County Attorney
Ellis L. Ross, Director, Construction Coordination Division
Alexis Willhite, Fiscal Manager -Administrative Services Division
Ec: Omelio A. Fernandez, P.E., Director- Roadway Production Division
Morton Rose, P.E., Five Year Road Program Manager - Roadway Production Division
David L. Young, P .E., Special Project Manager - Roadway Production Division
William R. Sears, P,E., Project Engineer - Roadway Production Division
File: Project # 2006502
N:IROADW A YIUTILITY COORDINATIONI2006502 Lawrance S to N of Boynton CanallSigned Board ActIOn to City BB.doc
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