R93-178RESOLUTION NO. R93-/~
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
AUTHORIZING AND DIRECTING THE MAYOR AND
CITY CLERK TO EXECUTE A COOPERATIVE
AGREEMENT BETWEEN THE SOUTH FLORIDA WATER
MANAGEMENT DISTRICT AND THE CITY OF
BOYNTON BEACH, FLORIDA; A COPY OF SAID
EASEMENT BEING ATTACHED HERETO AS EXHIBIT
"A"; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Commission, upon recommendation of staff,
deems it to be in the best interests of the citizens and residents
of the City of Boynton Beach to execute a Cooperative Agreement
between the City of Boynton Beach and South Florida Water
Management District.
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 authorizes and directs the Mayor and'City
Clerk to execute a Cooperative Agreement between the City of
Boynton Beach and South Florida Water Management District, which
Agreement is attached hereto as Exhibit "A".
Section 2. This Resolution shall take effect immediately
upon passage.
PASSED AND ADOPTED this ~ day of November, 1993.
OF
BEAC~H, FLORIDA
ATTEST:
(Corporate Seal)
Authsig.WP5
SFWMD.Agr
10/27/93
C-5114
COOPERATIVE AGREEMF.31T
SOUTH FLORIDA WATF_.~ ~NAG~T DISTRICT
CITY OF BOYNTON BEACH, FLORIDA
This COOPERATIVE AGREEMI*,NT, entered into on
between "the Parties". the South Florida Water Management District. 3301 Gun Club Road.
West Palm Beach, Florida 33406, a public corporation of the State of Florida. ("the
DISTRICT"), and the City of Boynton Beach. Florida. P.O. Box 310 Boynton Beach. Florida
33425-03110, a political subdivision of the State of Florida ("CITY").
WITNESSETH:
THAT WI-I-E~RF_AS. the DISTRICT is an independent taxing authority, created by the
Florida Legislature and given those powers and responsibilities enumerated in Chapter 373.
Florida Statutes: and
WI-IERY_,AS. the. DISTRICT is empowered to enter into contractual arrangemems with
public agenctes, private corporations or other persons, pursuant to Section 373.083. Florida
Statutes; and
WHEREAS, the DISTRICT holds title to certain lands within the corporate limits of the
CITY comprising a portion of the right-of-way for Canal 16 CBoynton Canal); and
WI4F-REAS. the CITY desires to develop a linear park along and within the southerly
portion of said right-of-way between the F.E.C. Railroad and Seacrest Boulevard: and
WI4F~REAS. the CITY has submitted an application for DISTRICT matching funds for
use in development of the park; and
WI-mREAS, the DISTRICT has determined that the project meets the guidelines
established for recreational cost-sharing and has set aside funds in its Fiscal Year 1993-1994
budget m an amoum equal to fifty percent (50%) of the estimated project cost submitted by the
CITY as part of its application to the DISTRICT; and
WHEREAS. the DISTRICT has funds in its current fiscal year budget, which are
available for the partial funding of this AGREEMENT and wishes to enter into a contract with
CITY; and
WHEREAS, the Governing Board of the DISTRICT. at its regular meeting held
September 9, 1993, has authorized entering into this AGREEMENT;
NOW TI4F~g.EFORI~, the DISTRICT and the CITY, in consideration of the mutual
benefits flowing from each to the other, do hereby agree as follows:
?he foregoingrecitals are incorporated into and made a part of this AGREF_aM~NT by
this reference.
2. Unless extended or earlier terminated, the period of performance of this AGREEMENT
shall commence on the date of execution and continue for a period of one (1) year.
3 The parties agree that time is of the essence in the performance of each and every
obligation under th/s AGREEMENT.
4. As full consideration for providing the goods and serwces required by this
AGREEMENT. the DISTRICT shall pay the CITY an amount not to exceed Seventy One
Thousand Eighty Dollars ($71,080.00).
5. Ia the event the CITY-is unable to gain proper authorization to support this project with
a matching $71;080:00; notwithstanding 0ther~provis~ons to the contrary, the DISTRICT may
terminate this 3iG~ pursuant to Paragraph 30 below.
6. All invoices submitted by the CITY shall reference the DISTRICT'S Contract Number
C-5114. The CITY shall submit one invoice, upon written notice from the DISTRICT of
completion of the project to the satisfaction of the DISTRICT, to the DISTRICT at the
following address:
South Florida Water Management District
Arm: Division of Procurement and Contract Administration
P.O. Box 24680
3301 Gun Club Road
West Palm Beach, FL 33416-4680
The CITY'S invoice for payment shall include detailed records documenting the expenses
incurred in development of the facilities set forth in its grant application to the DISTRICT. The
DISTRICT, upon receipt and acceptance of the information furnished, shall pay to the CITY
fifty percent (50%) of said expenses or $71,080.00, whichever is the lesser amount.
The DISTRICT shall pay the.full amount of the invoice within Thirty (30) days of receipt and
acceptance, provided the CITY has performed the work according to the terms and conditions
of this AGREEMENT. Failure by ~the CITY to follox~ these instructions shall result in an
unavoidable delay of payment.by the DISTRICT. No invoices under this AGREF3~,NT shall
be submitted or paid prior to completion of the project.
Page 2 of 9, Contract No. C-5114
7. The DISTRICT is exempted from payment of Florida State Sales' and Use taxSs and
Federal Excise tax. The CITY shall not use the DISTRICT'S exemption number in securing
such materials. The CITY shall be responsible and liable for the payment of all of its
FICA/Social Security and ~Other ~taxes resulting from this AGREEMENT.
of
indebtedness. The
that would tmpak its abiliv
9.
hake the DISTRICT a
~ The~ :DIS TRI~T.~shalL:hav~ atmlir and ~n ,rights;as,follows:
A.: MaMten~¢e og~Reco~dscCThe~CXl?¥(shalli~aintainca}l financial and non-f'mancial
reco orm ' relat~';t6%~li~ n ': tiafi~n~tyr ff~rmance of thxs
rds and reports directly · ~y ..... ego ~ -:~e :
AGREEMENT to include Support~g docllme,mati~:f0rany researchor reports. Such records
sh~' be main~ed> and ~inade.av~hIe ~ ni~ ~gPefio&o~,five.;years .from. cOmpleting
performance and:,recei~iiig:~'mal~p'a:Ym~and~r;:thi~ ' ', ~ ;: ~
B. Examination of Records:
to examine in accordance with 1
dizectl3
within five years from
notice, time and place.
Records which relate~to any litigation;apPeals or settlements of claims arising from performance
under this.AGREt2VLF_,IWF: shall be made available until a final: disposition has been made of
such litigation, appeals or claims.
10. The CITY shall allow public access to all project documents and materials in accordance
with the provisions of Chapter 119, Florida Statutes. Should the CITY assert any exemptions
to the requirements of Chapter 119 and related Statutes. the burden of establishing such
exemption, by way of injunctive or other relief as provided by law, shall be upon the CITY.
11 The CITY fully understands and agrees that the DISTRICT shall not pay for any
obligation or .expenditure made by the CITY prior to the commencement date of this
AGRElVNIEN-T, unless the DISTRICT authorizes such payment in writing.
12 The Project Manager for the DISTRICT is Tom Fratz, at P.O. Box 24680, West Palm
Beach, Florida 33416-4680, Telephone Number (407) 687-6968. The Project Manager for the
CITY is Charles C. 'Frederick, at P.O. BoX 310, Boynton Beach, Florida 33425, Telephone
Number (407) 738-7441. The parties shall direct all matters arising in connection with the
performance of this AGREEMqr. NT, other than invoices and notices, to the attention of the
Project'Managers for,attemptedresolufionor action. The Project Managers shallbe responsible
for overall coordination and oversight relating to the performance of this AGRE~NT.
Page 3 of 9, Contract No. C-5114
13. All notices to the'CITY under this AGREEM~.NT C-5114 shall be in writing and sent
by ceaified mail to the City of Boynton Beach, P.O. Box'310. Boynton Beach, Florida 33425,
which shall also be tbe~ CITY'S'remittance address, unless the CITY specifies otherwise.
All notices to the DISTRICT under this AGREEMI~NT C-5114 shall be in writing and
sent by certified mail to:
South Florida Water Managemem District
Attn: Division of Procurement and Contract Administration
3301 Gun Club Road
P. O. Box 24680
West Palm Beach, FL 33416-4680
All correspondence to the DISTRICT under this AGRE~VIENT shall reference the
DISTRICT,S Contract Number C-5114.
The CITY shall also provide a copy of all notices to the DISTRICT'S Project Manager.
Ail notices required by this AGREEMI~.NT shall be considered delivered' upon~ receipt. Should
either party change its address, wtitten notice of such new address shall promptly be sent to the
other party.
14. The CITY is an independent contractor and is~ not an-employee or agent of the
DISTRICT. Nothing in~[his AGREEMENT shall be interpreted to establish any relationship
other than that of an independent' contractor, between the DISTRICT and the CITY. its
employees, agents, subcontractors, or assigns, during or after the performance of this
AGREEMENT.
15 The CITY shall not assign, delegate, or otherwise transfer its tights and obligations as
set forth in.this AG~ without the prior written consent of the DISTRICT.
16. The CITY shall obtain, without additional expense to the DISTRICT, all necessary
licenses, authorizations and permits from the appropriate private party or federal, state,
municipal or local agency, and other governmental approvals, prior to commencing performance
of this AGREEMENT.
17. To the extent permitted by Florida law, the CITY shall defend, indemnify, save, and
hold the DISTRICT harmless from any and all claims, suits, judgments and liability ~for death.
personal injury, bodily injury or property damage arising directly or indirectly from the
performance of this AGREEME~NT by the CITY, its employees, subcontractors or assigns,
including legal fees, court costs, or other legal expenses in the same manner andto the same
extent as fi.the DISTRICT were identified as an Additional Insured within the CITY'S serf-
insured program. The CITY acknowledges that it is solely responsible for compliance with the
terms of this AGREEMENT.
Page 4 of 9, Contract No. C-5114
18. The CITY shall procure and maintain, through the term of this AGREEMENT..
insurance coverage reflecting, at a minimum, the limits and coverage conditions'identified in the
"Governmental Cert/ficate of Insurance"~ attachedas Exhibit ~"A" and made a pan hereof. The
coverages required shall extend to all employees and subcontractors of the CITY.
19. The attached "Governmental Certificate of Insurance:'..:~shall~.~.be :,completed in ful/,
indicating the pro ~d~cer, insured, Carrier's name and Best rating, pgl~cY nu~nbers and the
effective and expiration dates~.f'~ehtideraLCied ,~ype;~f;c~e~rag~ requimA: The (2ertificate shall
be s~gned by,the?msurance, car~,er,s,~authonzed:,repxese~ltat~ve, .
20. If either party initiates !egal?~action~ ;including appeals, to enforce this AGREEMENT, --
the prevailing party s~ bet~l~tl~}to~rec09~ a mas0il~hle attorney's fee. based upon the fair
market x ,~ services provided. --
21. In the event: a d~spute, arises w. hich,:the~Project: Managers canno~;resolve amongst
themselves, ~be p~es .sh~ hav~ th~ option to submit to nonbinding mediation. The mediator
Or me4ia~{6~S~ S~im~i:~a[/.~&(~ ~ selected b~the pa~ties: The ~ediation .process shall
be it/ ' e etm Owe b t v¢:' :Ihe e0a ot*lhe mediation services shalI be borne
22. If either party fails to fulfill its Obligations under this AGREEMF. NT in a timely and
proper manner; the or,her party-shall-have the right.to terminate this 7~/GRE~EIgIEN'I* by giving
written~ n0tica~°f~nyi~deflciency.an~gy al/0wing 'the party in default Ten'(!0):'&tend~days from
receipt 0f~:nofice~&~0~t ~therdefi~iency., If the defaulting party fails to C0~t the ;deficiency
within this ~tcne;:.th~6therparff~shall have the option to terminate at the ex~pimfion of the Ten
(10) day time period.
23. In the: event,of a storm event, emergency, or other event affecting the public health.
safety or~weffaxe 'in whichany or all of theplantings, encroachments or other facilities installed
upon the DISTRICT'S right-of-way pursuant to a DISTRICT right-of-way occupancy permit
must. as. determined by the DISTRICT. be removed and disposed properly of. from the
DisTRICT'S:.rights~of=way and canals, the CITY shall be responsible for 100% of the removal
and disp0sal costs, Additionally,. the DISTRICT shall not have the responsib, ility~/o~repiace or
otherwise install new plantings, encroachments or other facilitieg installed ;upon;~ the
DISTRICT'S right-of-way which were destroyed or removed.
24.
permit.
~onsidered
days of receipt Of the DISTRICT'S
maintenance as set forth herein.
Page 5 of 9, Contract No. C-5114
25. The DISTRICT shall retain the right; atJts option,'to perform any and alt maintenance.
c0nstructmn, or o~er operations th~.DIS~ deems necessary, in the DISTRICT'S sole
discretion, including but' not limited to, insp~ tibns Of the right-of;way/aquatic weed control,
bank stabilization, canal dredging, Canal e~pansion, construction of water control facilities or
structures, monitoring facilities; telemetry facilities and related appurtenances. In accessing the
rigM-of-way and performing maintenance construction, or other operafip.n~, the DISTRICT shall
.not be resPOnsible for any damage to plantings or other facilities on the D~CT'S right-of-
way.
26. The DISTRICT shall at all times have unrestricted and sufficient access to the nght-of-
way in order to meet its resPOnsibilities and legal obligations. Any cross fences which may be
authorized have operable 16 foot gates:, which remain unlocked at all
times, in order DISTRICT reasonable right of access. Any authorized cross
fencing and.gates ~ DISTRICT fight-of-way occupancy permit. Cross
fencing shall have the pedestrian, pass through to accommodate public access: Th6 DISTRICT'S
partial fundi0g of this AGKEEMI*.NT commits public funds to be spent for the public benefits
a~s$~ated with reveget~tion, including, but not limited to, bhnk, StabilizationI erosion control,
enU~nmeiita[enhancement md creation of a public park on DISTRICT right-of-Way, and. as
such,:t}i~ iD!S~C!~fight~-of-way.covered by this AGPd
occupancy p¢~t ~hatl~. at all times, Unless otherWise ordered
public access.
27. Ctirrently, there erdsts several DISTRICT fight-of-way occupancy permits issued to the
adjacent ~rty owners The CITY acknowledges the fights of permittees (including, but not
~ited [0, yafious utilities), consistent with their DISTRICT right-of-way occupancy permit and
Elbrida h~i to, access; use, and for maintenance of permitted facilities;~ The DISTRICT right-
of-way oc~uP.ancy .permits are subject to revOCation.,, notwithstanding any term of this
AGREEMENT} by the DISTRICT:consistent with applicable laws and rules.
28. In the event of an emergency, including, but not limited m. preparation for an
emergency, Conditionsi!during an emergency, and remedial measures to betaken following an
emergency,' and said emergency to be determined solely within theDISTRICT'S discretion, the
DISTRICT shall have Xbe unrestricted right to remove any and all plantings, encroachments or
other facilities installed upon the DISTRICT'S right-of-way, whether or not-authorized by the
DISTRIC~i in order ~to protect the health, safety and weffare of the public. The DISTRICT
will make ~i,reasonable effort to notify the CITY, but ff emergency circumstances prevent such
notificafi0m the DISTRICT shall ,not be limited Or in any way: restricted from raking necessary
action. The DISTRICT shall have no liability fo~ any property.damage cau~ by action taken
in accordance with this paragraph.
29~ Either party m~y terminate this AGREEMENT for a material failure to perform. The
DISTRICT may witllh01d all Payments to the CITY for such work until such time as the
DISTRICT determines the exact amount due to the CITY.
Page 6 of 9. Contract No. C-5114
30. Either party may terminate this AGREEMENT at any time for convenience upon Thirty
the '
~comix~nsate the authorized:.work~: peffo the
termination date payments t~ the CiTY f. or~,~uch work until
such time as
creed, national origin, handicap~ ~, or sex, frbm PartiCiPatiOn m~ denled':~he bem~fits of, or
be otherwise subjected to cliscrim~atioa ~ any acti~)?under, this .t J The CITY
to this
This
· similar
the
34. In the event any prov~ions of this AGRE ,EbI~2NT shall ~ct~ ~;'~ea~ to conflict,
the A ~inclu~g ~ ~e~,it~, a~.~ghme~ts and~~ ~ s ~ ~sgecifically
m¢o~e~ by~ r~f;g~ace~,~slmll ,be .m~, erp~, as ~ W~Ol,~:to ~' o. tv~. ~s~y.
3~ : :~e~laws o,~ ~[he State~f Flpfida ~ govern all aSl~ct5 of~t~;s~ In the
e~e~nt ~.t,,sxnef~e:; ~,~fo~ ,ei, ther~:,~o3mit~3~e~¢g~?agu~og regar~ , venue
of Florida for any claims which are jusUcmble m .federal court.
36~ econ~,, the parties shall
not from fires.
of war.
or for any other
t beyond
of this
the
is
37. This AGREEMlrJ~ may be amended only with, the written approval of the parties.
3,8. ~n t¢ ~mainafion of this ,AGREEMENT, unless otherwise agreed to by the ~Parties in
writing:
Page 7 of 9, Contract No. C-5114
no
Within thirty (30) days of termination of this AGREE-rMlr, NT, CITY shall
remove, and properly dispose of, all plantings, encroachments or other facilities
installed upon the DISTRICT'S fight-of-way, which axe not specifically
authorized by a DISTRICT fight-of-way permit, or other DISTRICT
authorization, and restore the right-of-way by back-filling all holes, compacting,
regrading, seeding and irrigating the fight-of-way, as well as stabbing and
sodding the side slope of the canal.
bo
In the event CITY fails to fully and completely remove encroachments and
restore the DISTRICT'S fight-of-way, as set forth in paragraph 38(a), above,
DISTRICT, at its option, may complete the removal and restoration of the fight-
of-way, and CITY shall be fully liable to DISTRICT for all costs and expenses
incurred by the DISTRICT~. The costs and expenses shall include, but not be
limited to, the salary costs, including benefits, of DISTRICT employees, monies
paid to contractors, the reasonable value of usage of DISTRICT owned
equipment, monies paid for rental equipment, mitigation costs incurred, or any
other liabilities incurred by compLiance with state, local or federal laws.
DISTRICT shall have no liability to the CITY, or others, for the value of
property or damage caused by the removal of any property by the DISTRICT.
c. The terms of paragraph 17 shall survive termination of this AGREENIENT.
39. Should any term or provision of this AGRI~.IZMENT be held. to any extent, invalid or
unenforceable, as against any person, entity or circumstance during the term hereof, by force
of any statute, law. or ruling of any forum of competent jurisdiction, such invalidity shall not
affect any other term or provision of this AGREEMENT, to the extent that the AGREEMEaNT
shall remain operable, enforceable and in full force and effect to the extent permitted by law.
40. Failures or waivers to enforce any covenant, condition, or provision of this
AGREEMENT by the parties, their successors and assigns shall not operate as a discharge of.
or invalidate, such covenant, condition, or provision, or impair the enforcement fights of the
parties, their successors and assigns.
41 This AGREEMENT states the entire understanding between the parties and supersedes
any written or oral representations, statements, negotiations, or agreements to the contrary. The
CITY recognizes that any representations, statements or negotiations made by DISTRICT staff
do not suffice to legally bind the DISTRICT in a contractual relationship unless they have been
reduced to writing, authorized, and signed by an authorized DISTRICT representative. This
AGREEMENT shall bind the parties, their assigns, and successors in interest.
Page 8 of 9, Contract No. C-5114
The parties or their duly authorized representatives hereby execute this AG~
on the date fucst writteR above.
~ LI~QAL F~ORM At. ROVED
: .~ :, ~ !&ss~stant Exec~ut~ye Dn'ecto
CITY .OF BOroN BEACH, FLORIDA
By:
Tide
Page 9 of 9, Contract No. C-5114
~ PROVIDED TO Issue Date
(MM,DO
· South Florida Water Management District
AGENT/BROKER Name/Address/Telephone Number
COMPANIES AFFORDING COVERAGE AND BEST RATING
COMPANY COMPANY
LETTER A LETTER D
INSUREDS Name/Address/Telephone Number COMPANY COMPANY
LETTER B LETTER E
COMPANY COMPANY
LETTER C LETTER F
TO TYPE OF COVERAGE POLICY NUMBER EFFECTIVE DATE EXPIRATION DATE
I LIABILITY LIMITS iN THOUSANDS
LTR (MM/OO/y¥)
PER OCCURRENCE
G~NERAL UAILITY
· ComprehenslveForm e~&PD $ I00/200
· · Underground
Explosion & Collapse
Hazard
A · Products/Completed
Operations
· Contractual
· Independent
· Broad Form Property
· Personal Inlury
[]
AUTOMOBILE LIABIUTY LIABILITY LIMITS IN THOUSANC)S
I Any Auto
[] Att Owned AUTOS (Prlv PER OCCURRENCE
Pass)
· [] AII Owned Autos m&~o $ 100/200
(Other than Pnv Pass Comb,ne~
[] Hired Autos
B [] Non-owned Autos
Garage Liab~hty
D
E
WORKE RS'
P COMPENSATION &
NOTE: 1 ) All non standard exclusions shall be ~dentlfled off the rever~e side of this certificate.
CERTIFICATE HOLDER CANCELLATION
SOUTH FLORIDA WATER MANAGE MENT DISTRICT /~ Should any of the above coverages be cancelled or
3301 Gun Club Road AgenUBroker shall notify the Certificate Holder named to the left w~thm