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R95-086RESOLUTION NO. R95-~ 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 THE CITY OF BOYNTON BEACH AND PALM BEACH COUNTY FOR THE FUNDING OF IMPROVEMENTS AT MANGROVE NATURE PARK; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Boynton Beach owns 13.26 acres of primarily mangrove wetlands in the downtown area of Boynton Beach on which it desires to provide a nature oriented facility; and WHEREAS, Mangrove Nature Park, upon completion, benefit all residents of Palm Beach County; and will WHEREAS, Boynton Beach has requested from Palm Beach County a specific amount to help fund the improvements to Mangrove Nature Park; and WHEREAS, the County has approved the allocation of $140,000 for the Mangrove Nature Park improvement project for which Boynton Beach will provide over 50% in matching funds for the said project; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA THAT: ~ The City Commission of the City of Boynton Beach, Florida, hereby authorizes the Mayor and City Clerk to execute an Interlocal Agreement between the City of Boynton Beach and Palm Beach County for the funding of improvements at Mangrove Nature Park, said Agreement being attached hereto as Exhibit "A". ~ This immediately upon passage. Resolution shall take effect PASSED AND ADOPTED this ~ day of June, 1995. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice~ ~May°r May~ro Tsm ATTEST: Ci~ Clerk (Corporate Seal MangrovePark. Inter 5/31/95 1196D INTERLOCAL AGREEMENT BETWEEN PALM BEACH COUNTY AND THE CITY OF BOYNTON BEACH FOR THE FUNDING OF IMPROVEMENTS AT MANGROVE NATURE PARK THIS AGREEMENT is made and entered into this day of SEP 0 5, 1995 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 13.26 acres of primarily mangrove wetlands in the downtown area of Boynton Beach on which it desires to provide a nature oriented facility estimated to cost $950,000, hereinafter referred as "Mangrove Nature Park"; and WHEREAS, Boynton Beach has requested from County an amount not to exceed $140,000 to help fund the improvements to Mangrove Nature Park, with proposed development to include an approximately 2,000 linear foot boardwalk, an observation platform and two overlook classroom sections, a parking lot, and a restroom; and WHEREAS, on March 7, 1995, County approved the allocation of $100,000 of existing District 7 capital reserves for the Mangrove Nature Park improvement project; and WHEREAS, on August 23, 1994, County approved funding of up to $200,000 per Commission District to be made available for recreation projects, and the Mangrove Nature Park improvement project represents funding of $40,000 from District 4; and WHEREAS, the total allocation of the two County funding sources mentioned above is $140,000; and and WHEREAS, Boynton Beach will provide over 50 % in matching funds for said Project; WHEREAS, Mangrove Nature Park 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 consideratic the partes hereby agree to the following terr 1. County agrees to fund an amour construction of the proposed Mangrove Natur. n of the covenants and promises contained herein, ~s and conditions: not to exceed $140,000 to Boynton Beach for Park improvements, to include an approximately 2,000 linear foot boardwalk, an observation platform and two overlook classroom sections, a parking lot, and 'a restroom building, 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 Site Plan and location maps 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. upon the date of execution by the parties hereto. The term of this Interlocal Agreement shall be for twenty five (25) years corn mencing 7. The parties may pursue any and all actions available under law to enforCe this Interlocal Agr-~ement 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 In terlocal 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 DOROTHY H. WILKEN, Clerk PALM BEACH COUNTY, FLORIDA, BY ITS BOAR OF_f.,,OUNTY COMMISSIONERS By: 2 I)k~~A TOWN OF BOYNTON BEACH, BY ITS CITY COMMISSION Name (Type or Print) TOWN OF BOYNTON BEACH, BY ITS CITY CONIMISSION Title APPROVED AS TO FORM AND LEGAL SUFFICIENCY Signature /f / ~-'-/c,~ k~oR~/,/ PALM BEACH COUNTY PARKS AND RECREATION DEPARTMENT CONTRACT PAYMENT REQUEST Exhibit A (Date) (Grantee) Billing Period (Project) Billing # Project Costs Cummulative Project This Billing Costs Gw~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 ( ?tification: I hereby certify that t ~ above expenses were incurred for the 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 ( %) ( ~nty funds previously disbursed e~anty funds due this billing Reviewed and Approved'by: ( ( ) $ PBC Project Administrator/Date Department Director/Date 1 of 2 0 0 0 Lir. J 0 A 0 0 0 3WN MANGROVE NATURE I EXHIBIT B 7th AVE ~" PROPOSED 6' W' BOARDWAI NE 6th PARKINi LOTS AVE NE 2nd AVE .,$ 2nd AVE. N.E. 4th AVE. LOCAIiON PROJECT LOCATION MAP N.T.S.