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R95-089RESOLUTION NO. R95-~? A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, RATIFYING THE 1994/96 AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND INTERNATIONAL BROTHERHOOD OF FIREMEN AND OILERS, (I.B.F.&O.); AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE SAID AGREEMENT, ATTACHED HERETO AS EXHIBIT "A"; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Boynton Beach deems it to be in the best interests of the citizens and residents of the City of Boynton Beach, Florida, to enter into an Agreement with the International Brotherhood of Firemen And Oilers (I.B.F.& O.); NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA THAT: Section 1. The City Commission of the City of Boynton Beach, Florida hereby ratifies the 1994/96 Agreement between the City of Boynton Beach and the International Brotherhood of Firemen and Oilers, (I.B.F.& O.), and authorizes and directs the Mayor and City Clerk to execute said Agreement, attached hereto as Exhibit "A". This Resolution shall take effect immediately upon passage. PASSED AND ADOPTED this ~ day of June, 1995. CITY OF BOYNTON BEACH, FLORIDA Vice Mayor ATTEST: oner / Cit~ Clerk '~' (Corporate Seal) Authsig.doc IBF&O.AGR 4/27/g5 R95 1178D INTERLOCAL AGREEMENT BETWEEN PALM BEACH COUNTY AND THE CITY OF BOYNTON BEACH FOR THE FUNDING OF IMPROVEMENTS AT THE EZELL HESTER COMMUNITY CENTER THIS AGREEMENT is made and entered into this day of SEP 0 5 19~ , 1995, 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 municipal corporation, hereinafter referred to as "Boynton Beach". WHEREAS, Boynton Beach owns and operates the Ezell Hest~r Community Center located on Seacrest Boulevard at which it plans to construct improvements including acoustical work in the gymnasium and installation of a portable stage at an estimated cost of $30,000; and WHEREAS, Boynton Beach has requested from County an amount not to exceed $30,000 to fund the proposed improvements to the Ezell Hester Community Center; and WHEREAS, on March 7, 1995, County approved the allocation of $30,000 of existing District 7 capital reserves for the Ezell Hester Community Center improvement project; and WHEREAS, the Ezell Hester Community Center shall be open to and benefit all residents of Palm Beach County; and WHEREAS, both parties desire to enter into this Interlocal Agreement. NOW THEREFORE, in consideration of the covenants and promises contained herein, the parties hereby agree to the following terms and conditions: 1. County agrees to fund an amount not to exceed $30,000 to Boynton Beach for the proposed Ezell Hester Community Center improvements, to include acoustical work in the gymnasium and installation of a portable stage, hereinafter referred to as the "Project". 2. County will use its best efforts to provide said funds to Boynton Beach on a reimbursement basis within forty-five (45) days of receipt of the following information: a. A written statement that the Project has been completed;-'and b. A Contract Payment Request Form and a Contractual Services Purchases Schedule Form, attached hereto and made a part hereof as "Exhibit A", which are required for each and every reimbursement requested by Boynton Beach. Said information shall list each invoice as paid by Boynton Beach and shall include the vendor invoice number; invoice date; and the amount paid by Boynton Beach along with the number and date of the respective check for said payment. Boynton Beach shall attach a copy of each vendor invoice paid by Boynton Beach and shall make reference thereof to the applicable item listed on the Contractual Services Purchases Schedule Form. Further, Boynton Beach's Project Administrator and Project Financial Officer shall certify the total funds spent by Boynton Beach on the Project and shall also certify that each vendor invoice as listed on the Contractual Services Purchases Schedule Form was paid by Boynton Beach as indicated. 3. Boynton Beach shall construct the Project in accordance with the location map attached hereto as "Exhibit B" and made a part hereof, and warrants that said Project shall be open to the general public on a non-discriminatory basis regardless of residency, race, color, religion, disability, sex, age, national origin, ancestry, marital status, or sexual orientation. 4. Boynton Beach shall complete the Project and provide accounting data to County for same on or before eighteen (18) months from the date of execution of this Interlocal Agreement by the parties hereto. Upon written notification to County at least thirty (30) days prior to that date, Boynton Beach may request an extension beyond this period for the purpose of completing the Project. County shall not unreasonably deny Boynton Beach's request for said extension. 5. Boynton Beach shall be responsible for all costs of operation and maintenance of~said Project. 6. The term of this Interlocal Agreement shall be for fifteen (15) years-commencing upon the date of execution by the parties hereto. 7. The parties 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. This Agreement shall not be construed against the County. 8. This Agreement shall be governed by the laws of the State of Florida and any and all legal action necessary to enforce this Interlocal Agreement shall be held in Palm Beach County. In the event any action, suit, or proceeding is commenced with respect to interpretation or enforcement of this Interlocal Agreement, the prevailing party shall be entitled to recover all costs, expenses and fees, including without limitation, reasonable attorneys, fees incurred by such party in connection therewith. IN WITNESS WHEREOF, the undersigned parties have signed this Interlocal Agreement on the date first above written. ATTEST PALM BEACH COUNTY, FLORIDA, BY ITS BOARD OF COUNTY COMMISSIONERS DOROTHY H. WILKEN, =ler~Gg-U-N-~',,. /'% WITNESSES ' : '~,~..~ OF BOYNTON BEACh, BY ITS APPROVED AS TO FORM AND LEGAL SUFFICIENCY dounty Attorney CITY COMMISSION By: GERALD TAYLOR Name (Type or Print MAYOR Title / PALM BEACh{ COUNTY PARKS AND RECREATION DEPARTMENT CONTRACT PAYMENT REQUEST Exhibit A (Date) (Grantee) Billing Period (Project) Billing 9 Project Costs Cum%mulative Project This Billing Costs 6-.,tractual Service Salaries and Wages Employee Benefits ( % of Salaries) Materials Supplies Direct Purchases Grantee Stock Equipment Travel Donated Real Property Indirect Costs TOTAL .PROJECT COSTS C tification: I hereby certify that t above expenses were incurred for ['h-e' work identified as being accom- plished 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 avail- able for audit upon request. Project Administrator/Date Project Financial Officer/Date PBC USE ONLY County Funding Participation Total project costs to date County obligation to date County retainage (__%) C nty funds previously disbursed C ....nty funds due this billing Reviewed and Approved by: $ ( ( $ PBC Project Administramor/Date Department Director/Date I of 2 0 o o-,-! o tJ q) oi~q~ o -,-I o oq~ r.)q~ 'el ,--I o o HILL DR -A-TOE! ~erce Rd PARK WAY W Franc h=Arthu r Dr S NE 28 CT iCir er m BlVd Dr ree Dr .~ .:; ,. Dr/ )LYMAR I Nort ~OYNTON PKW~ 16CT NE 18 AVB- FOUR SUNS NW ~' NW 14 AVE 79 AVE NE 9 8 NE 7" Ave ARTCRAF:.T ' .HOMEr:DE ~R,!i N · LINE· AVE Board of County Commissioners Ken'L. Foster, Chairman .13{~rt Aaronson, Vice Chairman Karen T. Marcus Carol A. Roberts Warren H. Newell Mary McCarty Maude Ford Lee C° URnotbYe rAt ven sn imStarna t ° r Department of Parks and Recreation .September 15, 1995 Mr. Charles Frederick, Director Parks and Recreation Department City of Boynton Beach P.O. Box 310 Boynton Beach,,F1 33425-0310 Dear~~derick: Attached is a fully executed original of the Interlocal Agreement for $30,000 for improvements to the Ezell Hester Community Center. Please route it as appropriate for the City's central filing system. Upon project completion, please process your reimbursement request in accordance with Section two of the Project Agreement. If you have any questions on the Agreement or on the reimbursement process, please contact Susan Yinger, Contract/Grant Coordinator at 966-6653. ' Sincerely,~ Dennis L. Eshleman, Director Parks and Recreation Department DLE/SWY Attachment Copy to: Dee Hess (for Central File) ~ printed on recycled paper "An Equal Opportunity - Affirmative Action Employer" 2700 6th Avenue South Lake Worth, Florida 33461 (407) 966-6600 FAX: (407) 642-2640 ST $, ~'HIL~ CDR -A-TOEJ ~d aerce Rd !ICOMMERCE PARK WAY Dr S NE 28 CT 27 AVE ~ Cir Rd PARK Park Or :0VE MH I TON PKW'~ NE 18 AVB- FOUR NW z NW 14 AVE NE NE 8 ARTCRAFT H,OME-DECOR,;i ~, ,~.,.? .!: ~.:~m'; ~i~....-..~. ' .. .'4'~'. LINE TOWN NW AVE