R13-001I
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RESOLUTION R13 -001
A RESOLUTION OF THE CITY OF BOYNTON
BEACH, FLORIDA, APPROVING AND AUTHORIZING
THE MAYOR AND CITY CLERK TO EXECUTE AN
INTERLOCAL AGREEMENT BETWEEN PALM
BEACH COUNTY AND THE CITY OF BOYNTON
BEACH AUTHORIZING PALM BEACH COUNTY TO
DESIGN, PERFORM AND MANAGE CHANNEL
DREDGING AT OYER PARK ON BEHALF OF THE
CITY; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, in 2007 the City of Boynton Beach and Palm Beach County entered
into an Interlocal Agreement that provided for County administration and oversight of
16 dredging the channel at Boat Club Park, which is now known as Oyer Park; and
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WHEREAS, over time, the channel from the boat ramps to the Intracoastal
Waterway /Boynton Inlet is again becoming full of silt making navigation difficult; and
WHEREAS, Palm Beach County is planning its own project to remove sand /silt
from the Ocean Park Inlet Sand Trap and other portions of the Intracoastal Waterway; and
WHEREAS, the City Commission of the City of Boynton Beach upon
recommendation of staff, deems it to be in the best interest of the citizens and residents of
the City of Boynton Beach to approve and authorize the Mayor and City Clerk to execute
the Interlocal Agreement with Palm Beach County for the County to design, perform and
manage channel dredging at Oyer Park.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
being true and correct and are hereby made a specific part of this Resolution upon adoption
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1 hereo f.
2 Section 2. The City Commission of the City of Boynton Beach hereby approves
3 and authorizes the Mayor and City Clerk to execute the Interlocal Agreement with Palm
4 Beach County for the County to design, perform and manage channel dredging at Oyer Park,
5 a copy of said Agreement is attached hereto and made a part here as Exhibit "A ".
6 Section 3. That this Resolution shall become effective immediately upon
7 passage.
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PASSED AND ADOPTED this 1 day of January, 2013.
CITY O,F BOYNTON BEACH,
, or — W
Mayor — Mack McCray
t
Co mi er — Je T for
Commissioner — 'teven
Comm' loner — Wa e Segal
ATTEST:
dtvy Ja t M . Prainito, MMC,
Clerk
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la 6:1
THIS AGREEMENT is made and entered into on this day of , 2013, by
and between PALM BEACH COUNTY, a political subdivision of the State of Florida (the
"COUNTY ") and the CITY OF BOYNTON BEACH, a municipal corporation in the State of
Florida, (the "CITY "), each one constituting a public agency as defined in Part I of Chapter 163,
Florida Statutes, and both being hereinafter referred to collectively as the "parties ".
WITNESSETH
WHEREAS, Section 163.01, Florida Statutes, known as the "Florida Interlocal
Cooperation Act of 1969" authorizes local governments to make the most efficient use of their
powers by enabling them to cooperate with other localities on a basis of mutual advantage and
thereby to provide 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 that such agencies share in common and that each might exercise
separately; and
WHEREAS, pursuant to Chapter 125.01, Florida Statutes, the Board of County
Commissioners is empowered to establish and administer programs of beach erosion control and
to enter into agreements with other governmental agencies within or outside the boundaries of
the COUNTY for joint performance, or performance of one unit on behalf of the other, of any of
either governmental entity's authorized functions; and
WHEREAS, pursuant to Chapter 166, Florida Statutes, the CITY is empowered to
exercise any governmental, corporate, and proprietary power for municipal purposes, except
when expressly prohibited by law; and
WHEREAS, the COUNTY is planning to perform maintenance dredging of the South
Lake Worth Inlet Sand Trap (the "Trap ") and the South Lake Worth Inlet Intracoastal Waterway
( "ICW "), and
WHEREAS, the CITY wishes to have maintenance dredging performed within the
Boynton Beach Boat Club Park Navigation Access Channel ( "Access Channel "), which is
located in the vicinity of the Trap and ICW, and to have beach compatible sand discharged via
pipeline below mean low water (MLW) offshore of Ocean Hammock Park and any non -beach
compatible material mechanically dredged and disposed of in the Half Moon Bay Hole site via
barge (hereinafter referred to as the "PROJECT "); and
WHEREAS, the CITY has expressed an interest in utilizing COUNTY staff for
permitting and management as well as the COUNTY's construction contract for performing
maintenance dredging, and the COUNTY is agreeable to including the CITY's PROJECT as part
of its project to dredge the Trap and ICW; and
WHEREAS, on January 9, 2007 the COUNTY and the CITY entered into an interlocal
agreement to dredge the Access Channel, and that agreement expired on January 8, 2010;
NOW, THEREFORE, in consideration of the mutual covenants, promises and
representations herein, the parties agree as follows:
1. Recitals. The above recitals are true and correct and incorporated herein.
2. Puroose of the Agreement. The purpose of this Agreement is to set forth the
terms, conditions and obligations of each of the respective parties with respect to
the PROJECT.
3. The PROJECT. The PROJECT consists of maintenance dredging of
approximately 5,330 cubic yards of sand from the Access Channel, widening the
eastern half of the Access Channel by 30 feet on the north side and 30 feet on the
south side to -7.00 feet MLW, disposal of dredged beach compatible sand via
pipeline below MLW offshore of Ocean Hammock Park, and disposal of any
non-beach compatible material in the Half Moon Bay Hole site via barge, as more
particularly described in the Scope of Work attached as Exhibit "A" and the
location maps attached as Exhibits "B" and "C".
4. Term. The term of this Agreement shall be from the date of execution by both
parties through November 30, 2014, unless earlier terminated as provided herein.
Notwithstanding the foregoing, work conducted on this PROJECT by the County
and its consultants/contractors beginning on or after April 1, 2011 shall be eligible
for reimbursement by the CITY. This Agreement may be extended if agreed to in
writing by the parties.
5. COUNTY Obliizations.
The COUNTY shall be responsible for management, engineering, permitting,
design, construction, and monitoring of the PROJECT. The COUNTY will
complete the PROJECT in conjunction with its project to dredge the Trap and
ICW.
A. The COUNTY shall submit invoices for payment to the CITY not more
frequently than quarterly, but at least annually. The COUNTY shall submit
invoices to the CITY that include a reference to this Agreement, identify the
PROJECT, identify the tasks performed, and identify the amount due and
payable to the COUNTY. Invoices shall be in sufficient detail for pre-audit
and post-audit review.
B. The COUNTY shall maintain adequate records to justify all charges, expenses
and costs represented by the invoice amounts for at least five (5) years after
completion of the PROJECT or termination of the Agreement, whichever
occurs last. The COUNTY shall afford the CITY access to all books, records,
and documents related to the PROJECT as required in this paragraph for
purposes of inspection or audit during normal business hours.
C. The COUNTY has submitted a request for and received funding assistance in
order to offset the costs to complete the PROJECT and will provide a copy of
the funding assistance contract to the CITY. The COUNTY will notify the
CITY of the extent to which such funds reduce the CITY's financial
obligation to pay for the PROJECT.
D. Upon request by the CITY, the COUNTY shall provide the CITY with copies
of any scopes of work, contracts, permits, surveys, aerials, reports and studies
including pre- and post - construction monitoring reports, bid tabulations,
schedules, change orders, plans and specifications related to the PROJECT.
To the greatest extent possible, the above documents shall be provided in
digital format.
E. If at any time it becomes apparent that the PROJECT COST will exceed
$113,000, the County will immediately notify the CITY in writina.
F. Notwithstanding any other provision herein, the COUNTY's obligation to
perform under this Agreement is contingent upon an appropriation for its
purpose by its Board in its annual fiscal year budget during the term of this
Agreement.
6. CITY Obliaations.
A. The CITY shall reimburse the COUNTY for all costs related to the
PROJECT, which are estimated to be approximately $93,000 ( "PROJECT
COST ").
B. The CITY agrees to pay the COUNTY for the following, which are included
in the PROJECT COST: the cubic yard cost associated with dredging of the
Access Channel and disposing of beach compatible dredged material via
pipeline below MLW offshore of Ocean Hammock Park; the cubic yard cost
associated with dredging of any non -beach compatible material and disposal
via barge to the Half Moon Bay Hole site; all costs related to design,
permitting, easements, bidding, project management (including overseeing
mobilization, staging, dredging, disposal, turbidity monitoring, surveying and
demobilization), seagrass monitoring and staff time based on a percentage of
the total cubic yards of material dredged from the BBCC compared to the total
cubic yards of material dredged from BBCC, the Trap and ICW combined;
and bathymetric survey costs based on the percentage of BBCC- related line-
miles surveyed compared to the total line -miles surveyed for BBCC, the Trap
and the ICW combined.
C. The CITY shall appropriate adequate funds to cover the PROJECT COST.
D. Invoices received from the COUNTY and approved by the CITY shall be paid
within thirty (30) days of receipt. All payments made to the COUNTY shall
be by check made payable to the Palm Beach County Board of County
Commissioners and shall be clearly marked to identify the PROJECT.
Payments shall be submitted to the Palm Beach County Department of
Environmental Resources Management at the address provided in paragraph
9.
E. Notwithstanding any other provision herein, the CITY's obligation to pay
under this Agreement is contingent upon an appropriation for its purpose by
its CITY Council in its annual fiscal year budget during the term of this
Agreement.
7. Partv Representatives.
A. The COUNTY's representative /contract monitor during the term of this
Agreement shall be the Director of the Department of Environmental
Resources Management whose telephone number is (561) 233 -2400.
B. The CITY's representative /contract monitor during the term of this
Agreement shall be the City Manager, whose telephone number is (561) 742-
6010.
8. Notices. All formal notices between the parties shall be hand delivered or sent by
certified mail, return receipt requested, to the party's Representative identified
above in Section 8, at the below -cited address. All notices required by this
Agreement shall be considered delivered upon receipt. A copy of all such notice
shall also be sent to the following counsel by U.S. Mail.
Palm Beach County
Environmental Resources Mgmt.
2300 North Jog Road, 4 Floor
West Palm Beach, FL 33411 -2743
City Manager
City of Boynton Beach
100 E. Boynton Beach Blvd.
Boynton Beach, FL 33435 -3838
Palm Beach County Attorney's Office
301 North Olive Avenue, 6"' floor
West Palm Beach, FL 33401
9. Default and Opportunity to Cure. The parties hereto expressly covenant and
agree that in the event either party is in default of its obligations herein, the party
not in default shall provide to the party in default thirty (30) days written notice to
cure said default. If the defaulting party fails to correct the default within this
time, unless otherwise agreed by the parties, the party not in default may
terminate the Agreement at the expiration of the thirty (30) day time period.
10. Delegation. Nothing contained herein shall be deemed to authorize the delegation
of the constitutional or statutory duties of state, county, or municipal officers.
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11. Recordina. A copy of this Agreement shall be recorded and filed with the Clerk
of the Circuit Court in and for Palm Beach County.
12. Remedies. This Agreement shall be construed by and governed by the laws of the
State of Florida. Any and all legal action necessary to enforce the Agreement will
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 or 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. No
provision of this Agreement is intended to, or shall be construed to, create any
third party beneficiary or to provide any rights to any person or entity not a party
to this Agreement, including but not limited to any citizen or employees of the
COUNTY and /or CITY.
13. Indemnification. Each party shall be liable for its own actions and negligence,
and to the extent permitted under Section 768.28, Florida Statutes, the COUNTY
shall indemnify, defend and hold harmless the CITY against any actions, claims,
or damages arising out of the COUNTY's negligence in connection with this
Agreement, and the CITY shall indemnify, defend and hold harmless the
COUNTY against any actions, claims or damages arising out the CITY's
negligence 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. Nothing herein shall be
construed as a waiver of sovereign immunity by either party, pursuant to Section
768.28, Florida Statutes.
14. Insurance. Each party shall maintain a fully funded program of self - insurance
pursuant to Section 768.28 Florida Statutes.
15. EQual Opportunity. The COUNTY and the CITY agree that no person shall, on
the grounds of race, color, sex, age, national origin, disability, religion, ancestry,
marital status, familial status, sexual orientation, gender identity, or gender
expression be excluded from the benefits of, or be subjected to any form of
discrimination under, any activity carried out by the performance of the
Agreement.
6. Severability. In the event that any section, paragraph, sentence, clause, or
provision hereof is held by a court of competent jurisdiction to be invalid, such
shall not affect the remaining portions of this Agreement and the same shall
remain in full force and effect.
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17. Waiver of Breach. It is hereby agreed to by the parties that no waiver or breach of
any of the covenants or provisions of this Agreement shall be construed to be a
waiver of any succeeding breach of the same of any other covenant.
18. Entirety of Agreement. The CITY and COUNTY agree that this Agreement,
together with any attached exhibits, sets forth the entire agreement between the
parties, and that there are no promises or understandings other than those stated
herein. None of the provisions, terms or obligations in the Agreement may be
added to, modified superseded, or otherwise altered, except by written instrument
executed by the parties hereto.
19. Independent Contractor. Each party recognizes that it is an independent
contractor and not an agent or servant of the other party. No person employed by
any party to this Agreement shall, in connection with the performance of this
Agreement or any services or functions contemplated hereunder, at any time, be
considered the employee of the other party, nor shall an employee claim any right
in or entitlement to any pension, worker's compensation benefit, unemployment
compensation, civil service, or other employee rights or privileges granted by
operation of law, except through and against the entity by whom they are
employed.
20. Enforcement Costs. Except as otherwise provided herein, any costs or expenses
(including reasonable attorney's fees) associated with the enforcement of the
terms and/or conditions of this Agreement shall be borne by the respective parties.
This provision pertains only to the parties to the Agreement.
21. Captions. The captions and section designations herein set forth are for
convenience only and shall have no substantive meaning.
22. Construction. No party shall be considered the author of this Agreement since the
parties hereto have participated in drafting this document to arrive at a final
Agreement. Thus, the terms of this Agreement shall not be strictly construed
against one party as opposed to the other party based upon who drafted it.
23. Amendments. None of the provisions, terms and conditions contained in this
Agreement may be added to, modified, superseded or otherwise altered, except by
written instrument executed by the parties hereto.
24. Palm Beach County Office of the Inspector General. Palm Beach County has
established the Office of the Inspector General in Palm Beach County Code,
Section 2 -421 - 2 -440, as may be amended. The Inspector General's authority
includes but is not limited to the power to review past, present and proposed
County contracts, transactions, accounts and records, to require the production of
records, and to audit, investigate, monitor, and inspect the activities of any party
contracting with the COUNTY and its officers, agents, employees and lobbyists
in order to ensure compliance with contract requirements and detect corruption
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and fraud.
Failure to cooperate with the Inspector General or interfering with or impeding
any investigation shall be in violation of Palm Beach County Code, Section 2-
421 - 2-440, and punished pursuant to Section 125.69, Florida Statutes, in the
same manner as a second degree misdemeanor.
IN WITNESS WHEREOF, the County of Palm Beach, Florida has caused this
Agreement to be signed by the Chairman of the Board of County Commissioners and the seal of
said Board to be affixed hereto and attested by the Clerk of said Board, pursuant to authority
granted by said Board, and the City of Boynton Beach has caused this Agreement to be signed in
its corporate name by its mayor and its corporate seal to be affixed hereto, attested by its City
Clerk, the date and year first above written.
CITY OF BOYNTON BEACH, FLORIDA
By:
Woodrow Hay Mayor
FA a 0 IM
By:
P"
B
OityClerk
DATE: I — Is C
Seal . .... ... .
rr
A P P R 66 `�! D
AND L
ENCY
By:
City Attorney
PALM BEACH COUNTY, FLORIDA
BY ITS BOARD OF COUNTY
COMMISSIONERS.
By:
Steven L. Abrams, Chairman
ATTEST:
Sharon R. Bock, Clerk and Comptroller
By:
Deputy Clerk
DATE:
Seal
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY
By:
Assistant County Attorney
APPROVED AS TO TERMS
AND CONDITIONS
By:
Robert Robbins, Director
Environmental Resources Management