R10-147
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2 RESOLUTION NO. RIO- 11f?
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4 A RESOLUTION OF THE CITY COMMISSION OF THE
5 CITY OF BOYNTON BEACH, FLORIDA, APPROVING
6 AND AUTHORIZING THE CITY MANAGER AND CITY
7 CLERK TO EXECUTE AN INTERLOCAL
8 AGREEMENT BETWEEN THE CITY OF BOYNTON
9 BEACH AND THE CITY OF LAKE WORTH FOR LAND
10 USE PLANNING SERVICES; AND PROVIDING AN
] ] EFFECTIVE DATE.
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15 WHEREAS, Section 163.01, Florida Statues, known as the "Florida lnterlocal
]6 Cooperation Act of 1969" authorizes local governments to make the most efficient use of
]7 their powers by enabling them to cooperate with other localities on a basis of mutual
18 advantage and thereby to provide services and facilities that will harmonize geographic,
]9 economic, population and other factors influencing the needs and development of local
20 communities; and
21 WHEREAS, The City of Lake Worth is desirous of procuring all or some of the
22 administrative and technical services relating to land use planning which is provided by
23 the City of Boynton Beach Development Department; and
24 WHEREAS, the Boynton Beach Development Department is willing to perform
25 such services; and
26 WHEREAS, the City Commission of the City of Boynton Beach upon
27 recommendation of staff, deems it to be in the best interest of the citizens and residents of
28 the City of Boynton Beach to authorize execution of the lnterlocal Agreement with the
29 City of Lake Worth for land use planning services and related administrative services.
30 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
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! I OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
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Section 1. Each Whereas clause set forth above is hereby ratified as being true ,
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3 and correct and incorporated herein by this reference.
4 Section 2. The City Commission of the City of Boynton Beach, Florida hereby
5 approves and authorizes the City Manager and City Clerk to execute an Interlocal
6 Agreement between the City of Boynton Beach and the City of Lake Worth for land use
7 planning services and related administrative services, said Agreement being attached
8 hereto as Exhibit "A".
9 Section 3. This Resolution shall become effective immediately upon passage.
10 PASSED AND ADOPTED this Sib. day of October, 2010.
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12 CITY pF BOYNTON BEACH, FLORIDA
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25 ATTEST:
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29 M. Prainito, MMC
30 Clerk
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34 (q~tPofate Seal)
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INTERLOCAL AGREEMENT BETWEEN THE CITY OF LAKE WORTH AND THE
CITY OF BOYNTON BEACH FOR LAND USE PLANNING SERVICES
AND RELATED ADMINISTRATIVE SERVICES
This is an Interlocal Agreement, ("Agreement") made and entered into by and between:
The CITY BOYNTON BEACH, a Florida municipal corporation, hereinafter referred to as
"BOYNTON BEACH,"
AND
The CITY OF LAKE WORTH, a Florida municipal corporation existing under the laws
of the state of Florida, hereinafter referred to as "LAKE WORTH."
WHEREAS, this Agreement is entered into pursuant to 9163.01, Florida Statutes, also
known as the "Florida Interlocal Cooperation Act of 1969"; and
WHEREAS, BOYNTON BEACH maintains a Development Department that conducts
administrative and inspection services relating to land use planning ("Services"); and
WHEREAS, LAKE WORTH is desirous of procuring all or some of the Services of
BOYNTON BEACH for the performance of administrative and technical services relating to
land use planning, or other Services within the municipal boundaries of LAKE WORTH; and
WHEREAS, BOYNTON BEACH, is willing to perform such Services pursuant to the
terms and conditions hereafter set forth;
NOW, THEREFORE, IN CONSIDERA nON of the mutual terms, conditions,
promises, covenants and payments hereinafter set forth, BOYNTON BEACH and LAKE
WORTH agree as follows:
ARTICLE 1 - SCOPE OF SERVICES
1.1. LAKE WORTH agrees to transfer to BOYNTON BEACH the authority- to perform the
Services in accordance with the terms of this Agreement, on an as needed basis.
1.2. BOYNTON BEACH shall perform the above Services pursuant to this Agreement
through its Development Department, or any successor division as may be designated by the
BOYNTON BEACH City Manager.
1.3 Additional Services may be provided to LAKE WORTH upon written Amendment to this
Agreement, as provided in Section 9.6.
ARTICLE 2 - FUNCTIONS AND DUTIES NOT TRANSFERRED
2.1 It is specifically understood and agreed that all rights and powers as may be vested in
LAKE WORTH pursuant to Chapter 166, Florida Statutes, or any other law or ordinance or
Charter provision of LAKE WORTH not specifically addressed by this Agreement, shall be
retained by LAKE WORTH.
ARTICLE 3 - COMPENSATION
3.1 BOYNTON BEACH shall provide the Services as required pursuant to this Agreement at
the following rates:
. Planner (Comp. Plan experience) - $60.00 per hour
. Additional services as may be negotiated
3.2 BOYNTON BEACH shall invoice LAKE WORTH on a monthly basis for actual
Services provided to LAKE WORTH by BOYNTON BEACH during the preceding month.
LAKE WORTH shall reimburse BOYNTON BEACH within forty-five (45) days of the date of
the invoice. LAKE WORTH shall be invoiced for fractional portions of an hour in quarter hour
increments to the nearest quarter hour at the rate set forth herein.
3.3 BOYNTON BEACH will prioritize and respond to additional services requested such as
emergency inspection services, intermittent, unplanned or limited, contingent on the availability
of resources.
ARTICLE 4 - TERM OF AGREEMENT
4.1 This Agreement shall be deemed to have commenced on October 1, 2010, and shall
continue in full force and effect until midnight, September 30, 2011. This Agreement may be
extended for additional terms subject to the execution of a written amendment to this Agreement.
4.2 This Agreement shall remain in full force and effect until the termination date or any
extended termination date, as set forth above, unless written notice of termination by
BOYNTON BEACH or LAKE WORTH is provided pursuant to Section 8, NOTICES.
ARTICLE 5 - GOVERNMENTAL IMMUNITY
Both parties are state agencies as defined in Chapter 768.28, Florida Statutes. Each
agrees to be fully responsible for acts and omissions of their agents or employees to the extent
permitted by law. Nothing herein is intended to serve as a waiver of sovereign immunity by any
party to which sovereign immunity may be applicable. Nothing herein shall be construed as
consent by a state agency or political subdivision of the State of Florida to be sued by third
parties in any matter arising out of this Agreement or any other contract.
ARTICLE 6 - INSURANCE
BOYNTON BEACH and LAKE WORTH are self insured in accordance with provisions
set forth within Section 768.28, Florida Statutes.
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ARTICLE 7 - TERMINATION
This Agreement may be terminated by either party upon ten (10) days written notice to
the other party of such termination pursuant to Section 8, NOTICES, herein.
ARTICLE 8 - NOTICES
Any and all notices given or required under this Agreement shall be in writing and may be
delivered in person or by United States mail, postage prepaid, first class and certified, return
receipt requested, addressed as follows:
TO BOYNTON BEACH:
Kurt Bressner, City Manager
100 E. Boynton Beach Boulevard
P.O. Box 310
Boynton Beach, FL 33425
With Copy to:
Quintus Greene, Development Director
100 E. Boynton Beach Boulevard
P.O. Box 310
Boynton Beach, FL 33425
James A. Cherof, City Attorney
Goren, Cherof, Doody & Ezrol, P.A.
3099 East Commercial Boulevard
Suite 200
Fort Lauderdale, FL 33308
TO LAKE WORTH:
Susan Stanton, City Manager
7 N. Dixie Highway
Lake Worth, FL 33460
With Copv to:
Community Development Director
7 N. Dixie Highway
Lake Worth, FL 33460
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Elaine A. Humphreys
Acting City Attorney
7 N. Dixie Highway
Lake Worth, FL 33460
ARTICLE 9 - MISCELLANEOUS PROVISIONS
9.1 ASSIGNMENT: BOYNTON BEACH shall perform the selected Services provided for
in this Agreement exclusively and solely for LAKE WORTH. Neither party shall have the right
to assign this Agreement.
9.2 LAKE WORTH agrees that its employees, officials, representatives, and agents, shall not
recruit, discuss, or solicit City of Boynton Beach employees, who are providing services
pursuant to this Agreement, for employment with the City of Lake Worth during the term of this
Agreement. In the event the City of Lake Worth violates this provision, the City of Boynton
Beach shall be entitled to terminate this Agreement, as provided herein. This provision shall not
prohibit a City of Boynton Beach employee from voluntarily seeking employment with the City
of Lake Worth.
9.3 WAIVER: The waiver by either party of any failure on the part of the other party to
perform in accordance with any of the terms or conditions of this Agreement shall not be
construed as a waiver of any future or continuing similar or dissimilar failure.
9.4 SEVERABILITY: The invalidity of any provision of this Agreement shall in no way
affect the validity of any other provision.
9.5 ENTIRE AGREEMENT: It is understood and agreed that this Agreement incorporates
and includes all prior negotiations, agreements or understandings applicable to the matters
contained herein and the parties agree that there are no commitments, agreements or
understandings concerning the subject matter of this Agreement that are not contained in this
document. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated
upon any prior representations or agreements, whether oral or written.
9.6 INDEPENDENT CONTRACTOR: BOYNTON BEACH is an independent contractor
under this Agreement. Services provided by BOYNTON BEACH pursuant to this Agreement
shall be subject to the supervision of BOYNTON BEACH. In providing such services, neither
BOYNTON BEACH nor its agents shall act as officers, employees, or agents of LAKE
WORTH. This Agreement shall not constitute or make the parties a partnership or joint venture.
9.7 MODIFICATION: It is further agreed that no modifications, amendments or alterations
in the terms or conditions contained herein shall be effective unless contained in a written
document executed with the same formality and of equal dignity herewith.
9.8 CHOICE OF LAW: Any controversies or legal problems arising out of this transaction
and any action involving the enforcement or interpretation of any rights hereunder shall be
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submitted to the jurisdiction of the State courts of the Fifteenth Judicial Circuit in and for Palm
Beach County, Florida, the venue situs, and shall be governed by the laws of the State of Florida.
9.9 DRAFTING: This Agreement has been negotiated and drafted by all parties hereto and
shall not be more strictly construed against any party because of such party's preparation of this
Agreement.
9.10 FILING. An executed original of this Agreement and any amendment(s) hereto shall be
filed with the Clerk of the Circuit Court in and for Palm Beach County, Florida.
"SI,......_...;.~~ ,.........,..~...... ". CITY OIZ:FYNTON BEACH
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Attest: 'I.. .f' "~'\'~~':,";'''.. ~
{ r l'~ '."; .. By
to '"fJ ,1 _
. .'\: ~ ,..,.d Kurt Bressner, City Manager
_ day of , _ (dale)
By
CITY OF LAKE WORTH
Attest: ~ A'
By ~____ ~~
;Jt2/~ J 4 . .' ' .~ SusatT"Stanton, City Manager
City Clefk ~:". ~ day of f) ~ ber , ~ (date)
",' APPROVED AS TO FORM;
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BY6Y~ d:~~
Elaine A. Humphreys
~ City Attorney
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The City of Boynton Beach
City Clerk's Office
100 E BOYNTON BEACH BLVD
BOYNTON BEACH FL 33435
(561) 742-6060
FAX: (561) 742-6090
e-mail: prainitoj@bbfl.us
www.boynton-beach.org
MEMORANDUM
TO: Ruth Scire
FROM: Janet M. Prainito, MMC
City Clerk
DATE: December 14, 2010
SUBJECT: Rl0-147 Interlocal Agreement between the City of Lake Worth
and the City of Boynton Beach for Land Use Planning Services
and Related Administrative Services
Attached for your information and files is copy of the contract mentioned above. Since
the document has been fully executed, I have retained the original for Central File.
Please contact me if there are any questions. Thank you.
~Yn. p~
Attachment
C: Central File
S:\CC\ WP\AFTER COMMISSION\Departmental Transmittals\20 10\Ruth Scire R2 I 0- I 47 Executed Agreement.doc
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