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R09-174 II I 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. 11 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 i i 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 " I 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. 6 7 CITY OF BOYNTON BEACH, FLORlDA 8 .,..--..--,. " 9 10 11 12 13 14 15 16 17 18 ---... 19 20 21 22 23 ATTEST: 24 25 26 27 J et M. Prainito, CMC 28 Ity Clerk 29 30 31 32 33 34 35 S:\CA\RESO\Agreements\Reso - ILA with PSC for Lawrence Rd Bridge funding.doc R 2 0 0 9 .. 2 1 00 Ro'i - 17 t{ 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 1 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. 2 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. 3 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. 4 .' 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 5 Department of Engineering and Public Works P.O. Box 21229 West Palm Beach. FL 33416-1229 (561) 684-4000 www.pbcgov.com . 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 " ~~ '/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 ...-) - t")~ <:> ." =i-< ~ -<0 ("')..." - r-Cl) 0'\ "'0 ::0-< ;a:. ~z :z (h- 0 - Oz - ..." .. "'TlCX) (11 -,.." '" t")l> ",(") :r: SR: 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 III!""