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.