R01-263 RESOLUTION R01- ~,:B
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
AUTHORIZING AND DIRECTING THE MAYOR AND
CITY CLERK 'FO EXECUTE AN INTERLOCAL
AGREEMENT BETWEEN PALM BEACH COUNTY
AND THE CITY OF BOYNTON BEACH FOR THE
MAINTENANCE DREDGING OF BOAT CLUB PARK
NAVlGATIQN CHANNEL; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, natural erosion has filled the existing channel
making navigation from Boat Club Park to the ocean very difficult at
Iow tide; and
WHEREAS, regular dredging of this channel is essential to the
efficient use of the ram facilities at Boat Club Park; and
WHEREAS, on December 9, 1999, the County and City entered
into an intedocal agreement for use of the County's price agreement
for dredge equipment and for placement of dredged material into a
hole within the ICV in the vicinity of Half Moor Bay; and;
WHEREAS, certain details of the project have changed from the
time that interlocal agreement was executed and the term of that
agreement would have'expired on December 7, 2001, which is prior to
completion of the work:
NOW, THEREFORE, BE IT
COMMISSION OF THE CITY OF
THAT:
Section 1.
RESOLVED BY THE CITY
BOYNTON BEACH, FLORIDA,
Upon recommendation of staff, this Commission
does hereby authorize and direct the Mayor and City Clerk to execute
an lntedocal Agreement between Palm Beach County, and the City of
Boynton, setting forth the terms, conditions and obligations 6f each of
the parties for work performed by County staff and the County
construction contract for certain maintenance dredging activities
associated with the Boynton Beach Boat Club Park Navigation Access
Channel.
Section2 That this Resolution shall become effective
immediately upon passage.
PASSED AND ADOPTED this ~ daY of October 2001.
Vice Mayor
Commissioner
Commissioner
ATTEST:
~4~g~ n~fl ~[~C~'~B~e~ng - ~oat Club Pa~
Commissioner
INTERLOCAL AGREEMENT BETWEEN
PALM BEACH COUNTY
AND THE
CITY OF BOYNTON BEACH
R2001"'2O42
THIS INTERLOCAL AGREEMENT, which is made and entered into on the
NOY 2001
day of _ , 2001, by and between PALM BEACH COUNTY,
( "COUNTY ") a political subdivision of the State of Florida, and the CITY OF BOYNTON BEACH, a
municipal corporation in the State of Florida, ( "CITY ") each one constituting a public agency as defined
in Part I of Chapter 163, Florida Statutes.
WITNESSETH:
WHEREAS, Chapter 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 Section 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 entities 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 Ocean
Inlet Park Sand Trap area and the Atlantic Intracoastal Waterway; and
WHEREAS, the CITY wishes to have maintenance dredging performed within the
Boynton Beach Boat Club Park Navigation Access Channel which is located in the vicinity of the
COUNTY's project; and
WHEREAS, the CITY has expressed an interest in utilizing COUNTY staff to pursue
permitting and management as well as the COUNTY's construction contract for performing maintenance
dredging and the COUNTY is agreeable to include the CITY's project as part of its permitting and
management process as well as the construction effort; and
WHEREAS, on December 7, 1999 the COUNTY and the CITY entered into an
interlocal agreement for use of the COUNTY's price agreement for dredge equipment and for placement
of dredged material into a hole within the ICW in the vicinity of Half Moon Bay; and
WHEREAS, certain details of the project have changed from the time that interlocal
agreement was executed and the term of that agreement would have expired on December 7, 2001 which
is prior to completion of the work.
NOW, THEREFORE, in consideration of the mutual covenants, promises and
representations herein contained, and for other good and valuable consideration, the receipt and sufficiency
of which the parties expressly acknowledge, the parties hereto agree as follows:
1. Cancellation of Previous Interlocal Agreement. The interlocal agreement between
the COUNTY and the CITY entered into on December 7, 1999 is hereby terminated. The COUNTY
and CITY agree to wave the thirty (30) day notice provision in paragraph 19 of the December 7, 1999
interlocal agreement.
2. Purpose of the Agreement. The purpose of this interlocal agreement is to set
forth the terms, conditions and obligations of each of the respective parties hereto for work performed by
COUNTY staff and the COUNTY' s construction contract for certain maintenance dredging activities
associated with the Boynton Beach Boat Club Park Navigation Access Channel as more particularly
depicted in Attachment "A" and defined in paragraph 3 below. This is not a long term maintenance
dredging agreement for the Boynton Beach Boat Club Park Navigation Access Channel but rather an
agreement for combining permitting, construction and management efforts for the CITY'S maintenance
dredging event in the channel with the COUNTY's performance maintenance dredging at its facilities.
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3. The Project. The Project shall be part of the COUNTY'S maintenance
dredging of the South Lake Worth Inlet Interior Sand Trap and includes, on behalf of the CITY, seeking
permits, resetting three (3) buoys and maintenance dredging of approximately 1645 cubic yards of sand
from the Boynton Beach Boat Club Park Navigation Access Channel and placement of that material on
the beach as shown on a post construction and monitoring survey, attached as Attachment "B" and
incorporated herein by reference.
4. The Term. The term of this Agreement shall be from the date first written above
and shall terminate in 3 years. The Agreement term may be extended upon mutual agreement of both
parties.
5. Obligations of the COUNTY.
a. The COUNTY shall include the Project as part of its permit application
process, construction and construction management efforts along with the COUNTY' S maintenance
dredging of COUNTY'S facilities.
b. The COUNTY shall utilize the construction contract awarded by the
COUNTY for maintenance dredging of Boynton Beach Boat Club Navigation Access Channel.
c. The COUNTY shall pay the contractor directly for performance of the
Project and the CITY shall reimburse the COUNTY as more fully set forth herein. The COUNTY shall
submit a final invoice to the CITY that includes a reference to this Agreement, identification ofthe Project,
the total expenditure, and the amount due and payable by the CITY to the COUNTY. The invoice(s) shall
be itemized in sufficient detail for audit and shall be supported by copies ofthe corresponding contractor's
invoices.
d. The COUNTY agrees to perform administrative and technical services in
conjunction with the Project.
e. The COUNTY agrees to provide to the CITY within 60 days of prof ect
completion, all contractor deliverables, including surveys as they pertain to the CITY' s proportion of all
of the tasks completed in association with the work.
f. The COUNTY agrees to maintain adequate records to justify all charges
and expenses, and costs incurred in performing the Project for three (3) years after completion. The CITY
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shall have access to all books, records and documents as required for purposes of inspection or audit
during normal business hours.
6. Obligations of the CITY. The CITY agrees to pay the COUNTY the unit price
costs associated with dredging of the Navigation Access Channel and installing three (3) buoy channel
markers and an amount equal to the CITY's proportional share of the mobilization/demobilization,
maintenance of traffic, construction related surveys, construction management and Project follow -up
expenses. The CITY's proportional share of such expenses shall be calculated by determining the ratio
of the CITY's percentage of cubic yards of sand dredged in relation to the total amount of cubic yards of
sand dredged by the COUNTY's contractor.
7. Payment.
a. Invoices received from the COUNTY shall be reviewed and approved by
the CITY's contract monitor or his/her designee, indicating that the expenditures have been made in
conformity with the requirements of this Agreement. CITY agrees to pay the COUNTY's invoices within
thirty (30) days following receipt.
b. The COUNTY shall submit all invoices for final payment under the terns
of this Agreement no later than ninety (90) days after completion of the Project follow -up monitoring.
c. The CITY shall compensate the COUNTY for all work performed under
the December 7, 1999 Interlocal Agreement referenced above that has not been paid for as ofthe effective
date of this Agreement in accordance with the provisions of this Agreement.
8. Repayment. The COUNTY shall use its best efforts to assist in the recovery
of any improper expenditures paid to the contractor, including those discovered after the expiration or
termination of this Agreement. The COUNTY and the CITY agree that the CITY shall fully participate
in all Project close -out procedures under the Contract. In the event of an improper expenditure between
the COUNTY and the contractor, nothing contained herein shall act as a limitation ofthe CITY' s right to
be repaid, as a waiver of any rights of the CITY, or as precluding the CITY from pursuing any other
remedy against the contractor which may be available to it under law or equity.
9. Independent Contractor. The CITY recognizes that it is an independent contractor
and not an agent or servant of the COUNTY. No person employed by any party to this Agreement shall,
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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.
10. Indemnification. The CITY agrees to protect, defend, reimburse, indemnify
and hold the COUNTY, its agents, employees and elected officers, and each of them free and harmless
at all times from and against any and all suits, actions, legal or administrative proceedings, claims, demands,
liabilities, interest, attorney's fees, costs and expenses of whatsoever kind or nature whether arising in any
manner directly or indirectly caused, occasioned or contributed to in whole or in part, by reason of any act,
omission or fault whether active or passive ofthe CITY, or anyone acting under its direction or control, or
on its behalf in connection with or incident to the performance of this Agreement. The CITY'S aforesaid
indemnity and hold harmless obligations, or portions or applications thereof, shall apply to the fullest extent
permitted by law but in no event shall they apply to liability caused by the negligence or willful misconduct
ofthe COUNTY, its respective agents, servants, employees or officers, nor shall the liability limits set forth
in 768.28, Florida Statutes, be waived.
11. Marine Contractor. The COUNTY shall engage the services of a licensed
marine contractor to perform the Project. As a condition to that contractual relationship, the marine
contractor shall maintain in force all insurance of the types and in the amounts required by law and in the
COUNTY' s bid and/or contract documents. The CITY shall be named as an additional insured (at its own
expense, if any additional expense is required) on all such policies of insurance except for the Worker' s
Compensation Insurance.
1 2. Party Representatives. The COUNTY's representative during the term of this
contract shall be Richard E. Walesky, whose telephone is (561) 233 -2400. The CITY' s representative
during the term of this contract shall be John Wildner whose telephone number is (561) 742 -6226.
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13. Notices. All notices required under this contract shall be forwarded, in writing,
to:
Board of County Commissioners City Manager
of Palm Beach County City of Boynton Beach
Governmental Center 100 E. Boynton Beach Blvd.
301 N. Olive Avenue Boynton Beach, Fl. 33435
West Palm Beach, FL 33401
and with a copy to:
Palm Beach County Department of City Attorney
Environmental Resources Management City of Boynton Beach
3323 Belvedere Road, Building 502 100 E. Boynton Beach Blvd.
West Palm Beach, FL 33406 -1548 Boynton Beach, Fl. 33435
with a copy to:
County Attorney
Palm Beach County
P.O. Box 1989
West Palm Beach, FL 33401 -1989
14. Waiver of Breach and Opportunity to Cure. It is hereby agreed to by the parties
that no waiver ofbreach of any ofthe covenants or provisions of this Agreement shall be construed to be
a waiver of any succeeding breach ofthe same or any other covenant. The parties expressly covenant and
agree that in the event either party is in default of its obligations under this Agreement, the party not in
default shall provide to the defaulting party thirty (30) days written notice before exercising any of its rights.
15. Entirety of Agreement. The COUNTY and the CITY concur that this
Agreement, together with any exhibits attached hereto, 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 this Agreement may be added to, modified, superseded, or otherwise altered, except
by written instrument executed by the parties hereto.
16. Funding_ The COUNTY' S performance and obligation under this contract is
contingent upon annual appropriation for its purpose by the Board of County Commissioners.
17. 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.
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18. Equal Opportunity. The COUNTY and the CITY agree that no person shall,
on the grounds of race, color, sex, national origin, disability, religion, ancestry, marital status, or sexual
orientation 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.
19. Severability. In the event that any section, paragraph, sentence, clause, or
provision hereof be held by a court of competent jurisdiction to be invalid, such shall not affect the
remaining portions of this Agreement and at the same shall remain in full force and effect.
20. Termination. Either party may terminate this contract, with or without cause, by
giving thirty (30) days prior written notice.
IN WITNESS WHEREOF, the County of Palm Beach, Florida has caused this
Agreement to be signed by the Chair 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 beg f44 hereto, attested by its City Clerk, the date and year first above written.
J• Y CO "''', • ATTEST: V�: ''' PALM BEACH COUNTY, FLORIDA, BY
DOROTHY H. RI; e,K : N ITS BOARD OF COUNTY COMMISSIONERS
:O COUNTY
By: �c - l • .��_•� _ _ By: P/110
/ D e ut Cler�►�' �t -'' H. Neese 1, Chairman
(SEAL) APPROVED AS TO TERMS
R 7 0 O � � O AND CONDITIONS.
G 42
NOV 2 0 2001
ATTEST: CITY OF BOYNTON BEACH
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By i, • ��61t11l / Ja). L .:,By:
Q� Sri% Mayor
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f -,
,
APPROVED AS TO FORM AND LEGAL SUFFICIENCY: 1) By: ( aAA& �- By: 4 Ara
County tt ey • ty Attor ey
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DAYBEACON POSITIONS AUTHORIZED COORDINATE TABLE
B Y COAST GUARD PERMIT #199130796 PROPOSED DAYBEACON
EASTING(X) NORTHING(Y)
0 D PROPOSED DAYBEACON POSITIONS 1 810,440 805,257 ICWW
N 2 810,240 805,335
3 810,040 805,257
SCALE IN FFFT 4 809,840 805,335
Nimmi
0 40 80
BOAT CLUB PARK
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EXISTING DAYBEACON TO REMAIN NAVIGATION CHANNEL ICWW o °1, ,° ,7,,
LOCATED FROM AERIAL RIGHT F WAY s I ;� ! i �o� ,o
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CITY OF BOYNTON BEACH Womb DEPARTMENT OF
BOYNTON CLUB PARK NAVIGATION S „4„,
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