R00-100RESOLUTION R00-/,¢¢
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING
AND DIRECTING THE MAYOR AND CITY CLERK TO
EXECUTE AN AGREEMENT BETWEEN PALM BEACH
COUNTY AND THE CITY OF BOYNTON BEACH TO
PROVIDE THE MECHANISM TO SHARE
GEOGRAPHIC AND LAND INFORMATION ON AN
ONGOING BASIS; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the parties desire to enter into this agreement to
share the benefits of exchanging geographic and land information in order
to have the most up-to-date and accurate information; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY
COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The City Commission does hereby authorize and
direct the Mayor and City Clerk to execute an Agreement between Palm
Beach County and the City of Boynton Beach, providing for a mechanism
to share geographic and land information on an ongoing basis, which
Agreement is attached hereto as Exhibit "A".
Section 2 That this
immediately upon passage.
Resolution shall become effective
PASSED AND ADOPTED this ~ day of July, 2000.
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Gommissionor
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INTERLOCAL AGREEMENT
BETWEEN THE
CITY OF BOYNTON BEACH
AND
PALM BEACH COUNTY
This Agreement is entered on ~'fct [¥ BI , 2000, between "the parties," the City of Boynton
Beach ("the City ") and Palm Beach County (the "County"). The City and the County are
referred to collectively as "the Parties".
WITNESSETH THAT:
WHEREAS, the Parties are authorized to enter into this Agreement pursuant to Section 163.01,
Florida Statutes, as amended which permits local governmental units to make the most efficient
use of their powers by enabling them to cooperate with other localities on a basis of mutual
advantage, and
WHEREAS, the Parties executing the Agreement desire to share the benefits of exchanging
geographic and land information in order to have the most up-to-date and accurate information,
WHEREAS, the purpose of this Agreement is to provide a mechanism to share geographic and
land information on an ongoing basis,
WHEREAS, the Parties will develop procedures for the exchange of geographic and land
information in an efficient and timely manner,
NOW THEREFORE, the Parties, in consideration of the mutual benefits flowing from each to
the other do thereby agree as follows:
ARTICLE 1 - STATEMENT OF AGREEMENT
1.1 The County GIS Service Bureau will provide County copyrighted and licensed
geographic data to the City as provided for in Countywide PPM CW-R-007 Geographic
Information Maintenance, Management and Dissemination. The City enters into this Agreement
to initiate the exchange of updated geographic and land information outlined in E>dfibit A with
the County on an ongoing basis.
ARTICLE 2 - TERM OF THE AGREEMENT
2.1 The period of performance of this Agreement shall commence on date of'execution and
remain active for a period of five years from the date shown above, unless terminated earlier
under Article 6.
ARTICLE 3 - SHARING AND OWNERSHIP
3.1 Each Party shall be responsible for modifications or alterations required at its location for
sharing and utilization of geographic and land information.
3.2 Each Party shall provide and maintain in its geographic and land information system
environment the information specified in this Agreement under Exhibit A. Said information
shall be maintained in the manner (including format, accuracy, symbology, and timeliness) also
specified in Exhibit A and enhanced as mutually agreed upon. In some cases, this will require
modification to current practices. In such cases, each Party will bear the cost of required
modifications to its respective environment. Such information shall be accessible to both Parties,
subject to access and security procedures, license agreements, and Federal, State and local law.
3.3 The City agrees to abide by standards set forth by the County in Exhibit A to:
Satisfy statutory requirements
Ensure compatibility of information
Improve productivity in applications development
Simplify procedures for end users.
Create greater efficiency in information sharing
3.4 The County will provide a Countywide Centerline file to the City. The City agrees to
initiate a plan to verify and enhance the Countywide Centedine file within its jurisdiction and
provide a copy of such enhancements back to the County.
ARTICLE 4 - PROJECT MANAGEMENT/NOTICE
4.1 Until otherwise notified in writing, the Project Manager for the City is Regina Hagger,
City of Boynton Beach, at 100 E. Boynton Beach Boulevard, Boynton Beach, Florida 33435 at
telephone (561) 742-6486. The Project Manager for the County is Kelly Ratchinsky, Palm
Beach County, Information Systems Services, GIS Services, at 301 N. Olive Avenue, West Palm
Beach, FL 33401, telephone (561) 355-4275. The Parties shall direct all matters arising in
connection with the performance of this Agreement to the attention of the Project Managers for
resolution or action. The Project Managers shall be responsible for overall coordination and
oversight relating to the performance of this Agreement.
4.2 All notices, demands, or other communications to the Parties under this Agreement shall
be in writing and shall be deemed received if sent by certified mail, return receipt requested, to:
Attention: Regina Hagger Copies to:
City of Boynton Beach
100 E. Boynton Beach Blvd.
Boynton Beach, FL 33435
City Manager
City of Boynton Beach
100 E. Boynton Beach Blvd.
Boynton Beach, FL 33435
Palm Beach County, Information Systems Services
Gl S Service Bureau
Attention: Countywide GIS Coordinator
301 N. Olive Avenue, 4th Floor
West Palm Beach, FL 33401
Copies to:
Palm Beach County Attomey's Office
301 N. Olive Avenue, 6th Floor
West Palm Beach, FL 33401
The Parties agree to provide a copy of all such notices under this Agreement to each Project
Manager. All notices required by this Agreement shall be considered delivered upon receipt.
Should either party change its address for notifications, written notice of such new address shall
promptly be sent to the other party.
ARTICLE 5 - INDEMNIFICATION & INSURANCE
5.1 The Parties assume any and all risks of personal injury, bodily injury and property
damage attributable to the negligent acts or omissions of the Parties and the officers, employees,
servants, and agents thereof. Each of the Parties, as a local government agency, warrants and
represents that it is self funded for liability insurance, or has liability insurance, both public and
property, with such protection being applicable to the Parties by their officers, employees,
servants and agents while acting within the scope of their employment with the Parties. The
Parties further agree that nothing contained herein shall be construed or interpreted as (1)
denying to either party any remedy or defense available to such party under the laws of the State
of Florida; (2) the consent of the State of Florida or its agents and agencies to be sued; or (3) a
waiver of sovereign immunity of the State of Florida beyond the waiver provided in Section
768.28, Florida Statutes.
ARTICLE 6- TERMINATION/SUSPENSION
6.1 This Agreement may be terminated by written notice of either Party to the other, to be
effective twelve (12) months atSer receipt. However, termination shall be carefully considered
due to the potential cost and disruption of operations to each of the Parties.
6.2 Data sharing may be suspended for failure to adopt County standards or for the adoption
of policies or engagement in activities which adversely affect the sharing or maintenance of said
information. Notice of proposed suspension shall be delivered to the other Party at least five (5)
working days prior to suspension. The notice shall state the reasons for the proposed suspension
and suggest corrective actions and a time frame within which these corrective actions may be
taken to avoid suspension. Suspended access to shared information shall be restored as soon as
reasonably possible following receipt of notice that sufficient corrective action has been taken.
6.3 Each Party may enact an emergency suspension of data sharing. The GIS Coordinator
shall declare an emergency suspension and temporarily, but immediately, suspend or reduce
access to information for just cause. Reasons for emergency suspension include, without
limitation, equipment failure; unauthorized geographic information access; high potential for
sabotage; failure to adopt and enforce standards; and adoption of policies or engagement of
activities which otherwise adversely affect the operation, security or maintenance of the
geographic information.
The GIS Coordinator shall notify the County GIS Policy Advisory Committee, and the other
affected Party immediately of any emergency suspension. The notice shall state the reasons for
the emergency suspension and suggest corrective actions and a time frame within which these
correction actions may be taken to safely allow restoration of access to geographic information.
If the GIS Coordinator is confident that actions have adequately corrected the situation, access to
information shall be restored.
ARTICLE 7 - STANDARDS OF COMPLIANCE
7.1 The Parties, their employees, subcontractors or assigns, shall comply with all applicable
federal, state, and local laws and regulation relating to the performance of this Agreement.
7.2 The laws of the State of Florida shall govern all aspects of this Agreement. In the event it
is necessary for any party to initiate legal action regarding this Agreement, venue shall be in the
Fifteenth Judicial Circuit Court.
7.3 The Parties shall allow public access to all project documents and materials in accordance
with the provisions of Chapter 119, Florida Statutes. Should any Party 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 asserting party.
7.4 The Parties hereby assure that no person shall be excluded on the grounds of race, color,
creed, national origin, handicap, age, sex or sexual orientation, from participation in, denied the
benefits of, or be otherwise subjected to discrimination in any activity under this Agreement.
The Parties shall take all measures necessary to effectuate these assurances.
ARTICLE 8 - GENERAL PROVISIONS
8.1 Each party shall not assign, delegate, or otherwise transfer its rights and obligations as set
forth in this Agreement without the prior written consent of the other Party. Any attempted
assignment in violation of this provision shall be void.
8.2 Not withstanding any provisions of this Agreement to the contrary, the Phrties shall not
be held liable for any failure or any delay in the performance of this Agreement that arises from
fires, floods, strikes, embargoes, act of the public enemy, unusually severe weather, outbreak of
war, restraint of Government, riots, civil commotion, force majeure, acts of God, or for any other
cause of the same character which is unavoidable through the exercise of due care and beyond
the control of the Parties. Failure to perform shall be excused during the continuance and
restorative aftermath period of such circumstances, but this Agreement shall otherwise remain in
effect. This provision shall not apply if the "Statement of Work" of this Agreement specifies that
performance by the Parties is specifically required during the occurrence of any of the events
herein mentioned.
8.3 In the event any provisions of this Agreement shall conflict, or appear to conflict, the
Agreement including all exhibits, attachments and all documents specifically incorporated by
reference, shall be interpreted as a whole to resolve any inconsistency.
8.4 Failures or waivers to insist on strict performance of any covenant, condition, or
provision of this Agreement by the Parties, their successors and assigns shall not be deemed a
waiver of any of its rights or remedies, nor shall it relieve the other party from performing any
subsequent obligations strictly in accordance with the terms of this Agreement. No waiver shall
be effective unless in writing and signed by the party against whom enforcement is sought. Such
waiver shall be limited to provisions of this Agreement specifically referred to therein and shall
not be deemed a waiver of any other provision. No waiver shall constitute a continuing waiver
unless the writing states otherwise.
8.5 Should any term or provision of this Agreement 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 Agreement shall remain
operable, enforceable and in full force and effect to the extent permitted by law.
8.6 This Agreement may be amended only with the written approval of the Parties hereto.
8.7 This Agreement states the entire understanding and Agreement between the Parties and
supersedes any and all written or oral representations, statements, negotiations, or Agreements
previously existing between the Parties with respect to the subject matter of this Agreement.
The Parties recognize that any representations, statements or negotiations made by the Parties'
staff do not suffice to legally bind the Parties in a contractual relationship unless they have been
reduced to writing and signed by the Parties' representatives. This Agreement shall inure to the
benefit of and shall be binding upon the Parties, their respective assigns, and successors in
interest.
IN WITNESS WHEREOF, the Parties or their duly authorized representatives hereby execute
this Agreement on the date first written above.
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
By:
- /
Title: James Cherof, City A(-tomey
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY
By:
Title: Paul King, CourtS, piney
City of Boynton Beach BY ITS MAYOR
/T~tle Ge(ald Broemng, Mayor
ATTEST:
Title: Sue Kruse, City Clerk
PALM BEACH COUNTY, FLOR/DA
Title: Steve Bordelon, Director of ISS
EXHIBIT A
Geographic data requested from the City includes but is not limited to:
- Sims Address W/Parcel Control Number
- Address Range/Centerline Corrections & Updates (with metadata)
- Capture/updates of Planimetric Map Layers
- County Maintained Roads within jurisdiction (for verification purposes)
- Hydrants
- Park Locations
- Vegetation Information
- Preserves
- Existing Land Use
- Zoning
- Critical Facilities
- New Plats (digital)
- Hazardous Materials
- Water Service Boundaries
The data to be provided by the County subject to Countywide PPM CW-R-007 includes:
- Centerline File
- Parcel Graphics and Database (based on current Tax Roll)
- Digital Ortho Photography (with available metadata)
Mechanisms and schedules for exchange of data will be decided by the Project Managers upon
execution of this Agreement, incorporating the most efficient vehicle and format possible.
Specific standards issues which shall be addressed include, but are not limited to:
Oeocoding/addressing standards (e.g. street names and addresses)
Information quality control objectives and methods
Information sources and lineages
Positional accuracy/precision of map content and sources
Information category conventions
Information completeness and update cycles
Common base map component requirements are as documented and disseminated in data
provided by the County, including input scales, legends, symbols and annotation, cartographic
generalization and database editing and quality control.
Attached hereto is the Countywide PPM CW-R-007 Geographic Information Maintenance,
Management, and Dissemination.
Documents to be provided upon execution: Countywide Standard for Address Records in
Electronic Databases CW-O-047, Metadata Capture Format and Countywide Standard Naming
Convention for Layers, Features, Structures, Etc.