R00-082
..
-'
RESOLUTION ROO-~
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
AUTHORIZING AND DIRECTING THE MAYOR AND
CITY CLERK TO EXECUTE AN INTERLOCAL
AGREEMENT BETWEEN PALM BEACH COUNTY
AND THE CITY OF BOYNTON BEACH, PROVIDING
FOR A ONE-TIME REIMBURSEMENT
CONTRIBUTION BY PALM BEACH COUNTY, IN AN
AMOUNT NOT TO EXCEED $65,045.00, FOR
IMPROVEMENTS TO THE BOYNTON BEACH
MUNICIPAL GOLF COURSE ENTRYWAY; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Boynton Beach is undertaking the
improvement to the entry to the Boynton Beach Municipal Golf Course
which is on land leased to the CITY by the COUNTY to include paving
and drainage, landscaping, irrigation, electrical, and construction
administrative costs (Improvements); and
WHEREAS, the COUNTY believes that such efforts serve a
public purpose and they will support that effort by providing a one-time
reimbursement contribution in an amount not to exceed $65,045.00 to
the CITY for installation of the improvements; and
WHEREAS, after installation of the improvements, the CITY will
be responsible for the perpetual maintenance of the improvements on
Joe DeLong Boulevard east of Jog Road;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY
COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA,
THAT:
Section 1. Upon recommendation of staff, this Commission
T
'r>/! . ~ .
does hereby authorize and direct the Mayor and City Clerk to execute
an Interlocal Agreement between Palm Beach County and the City of
Boynton Beach for financial assistance for the improvement to the
entryway of the City's municipal golfcourse.
Section 2
That this Resolution shall become effective
immediately upon passage.
PASSED AND ADOPTED this ,d?c; day of June, 2000.
'iY/1 P
~~,//- ~ '
Vice Mayor
~ \. ~4>f1/iL~ ~
.,' Mayor Pro T em
~r:
~iO~
. ommissioner
EACH, FLORIDA
~
ATTEST:
~~07c~
Cit Clerk
\\\\,\\ \ 1lI11f111!1.
~ \\'\ :-( ~ TO AI :fl/~
(~~~~.~$r~
- 0 1)"'/,0 D", ...,.. ::.
~:u 0 ~ ~
s:~\r~~terlocal\cty\COBB\GOlf Cl!fse Entrway Imp.
:= ':. : =
:::: \I@ i~ $
:;:;. 0),.", ~ ~ ;:::
~..... ?3'i", ~ 1i ~
~ f.l'C"'f;lll 'iff!
'l ~
//11/ . N
Ilfltimill\\\\
FINANCIAL ASSISTANCE AGREEMENT FOR CITY OF
BOYNTON BEACH JOE DE LONG BOULEVARD ENTRANCE TO
BOYNTON BEACH MUNICIPAL GOLF COURSE (Jog Road east 200 feet)
PAVING & DRAINAGE, LANDSCAPING, IRRIGATION, ELECTRICAL
AND CONSTRUCTION ADMINISTRATIVE COSTS.
R2000 1117
THIS INTER -LOCAL AGREEMENT is made and entered into this
day of AUG 2 2 2000 , 20 , by and between PALM BEACH COUNTY, a political
subdivision of the State of Florida, hereinafter "COUNTY ", and the CITY OF BOYNTON
1 BEACH, a municipal corporation of the State of Florida, hereinafter "CITY ".
WITNESSETH:
WHEREAS, the CITY is undertaking the improvement to entrance to Boynton Beach
i 4
Municipal Golf Course which is on land leased to the CITY by the COUNTY to include paving and
drainage, landscaping, irrigation, electrical, and construction administrative costs, hereinafter
"IMPROVEMENTS ", on the CITY's Joe De Long Boulevard from Jog Road east to 200 feet east
of Jog Road, and
WHEREAS, the COUNTY believes that such efforts serve a public purpose in the
enhancement of entrance to the Boynton Beach Golf Course and therefore wishes to support that
effort by providing a one -time reimbursement contribution in an amount not to exceed SIXTY FIVE
THOUSAND AND FORTY FIVE DOLLARS ($65,045.00) to the CITY for the installation of the
IMPROVEMENTS; and
WHEREAS, after installation of the improvements, the CITY will be responsible
for the perpetual maintenance of the IMPROVEMENTS on Joe De Long Boulevard east of Jog
Road; and
WHEREAS, the CITY and COUNTY now wish to enter into an agreement to
provide for the COUNTY's one -time contribution to the CITY for these purposes; and
NOW, THEREFORE, in consideration of mutual covenants, promises, and agreements
herein contained, the parties agree as follows:
1. The above recitals are true, correct, and are incorporated herein.
1
2. The COUNTY agree to reimburse the CITY an amount not to exceed SIXTY
FIVE THOUSAND AND FORTY FIVE DOLLARS ($65,045.00) toward the cost for installation
of the IMPROVEMENTS, to the Boynton Beach Municipal Golf Course from Jog Road east to 200
feet east of Jog Road within the right of way of the City's Joe De Long Boulevard entrance.
3. The COUNTY agrees to reimburse the CITY the amount established in
paragraph 2 for costs (materials and labor) associated with installation of the IMPROVEMENTS,
upon the CITY's submission of acceptable documentation needed to substantiate their costs for the
E IMPROVEMENTS.
4. The COUNTY shall have no obligation to the CITY or any other entity or
i person in excess of the amount provided in paragraph 2.
5. The CITY agrees to assume all responsibility for design, bidding, contract
preparation, and contract administration for the installation of the IMPROVEMENTS, including
payment (s) to the contractor (s), pursuant to all applicable governmental laws and regulations and
will comply with all applicable governmental landscaping codes and permitting requirements in the
selection and installation of the IMPROVEMENTS. The CITY agrees to install the
IMPROVEMENTS substantially in accordance with the plans as approved by the COUNTY.
Otherwise, the COUNTY will have the final determination of the eligibility for reimbursement of
any changes. Substantial variations from the submitted plans shall require prior written approval
from the County Engineer's Office, and further agrees to require the design consultant (s) to comply
with the COUNTY's "Streetscape Standards" manual. The final plans for the IMPROVEMENTS,
which will be subject to the COUNTY's review and input, must be prepared by and signed and
sealed by a Florida Registered Landscape Architect experienced in roadway planting and familiar
with the COUNTY' s "Streetscape Standards" manual, and as appropriate, the construction- related
portions ofthe IMPROVEMENTS drawings must be prepared and signed and sealed by a Registered
2
Professional Engineer.
6. The CITY will obtain or provide all labor and materials necessary for the
installation of the IMPROVEMENTS. The CITY shall furnish the Deputy County Engineer of the
Department of Engineering and Public Works with a request for payment supported by the
following:
Invoices, checks or such other documentation which is acceptable in form and
detail to the COUNTY to provide for verification that the services and/or materials have been
performed and received by the CITY. Any in -kind materials and /or labor which is included as part
of the costs must be reasonably documented. The minimum requirement for any proposed plant
stock to be used in the IMPROVEMENTS is to be Florida Grade No. 1, as defined by Florida
Department of Consumer Services Grades and Standards for Nursery Plants (most current edition).
When the IMPROVEMENTS are completed and approved by the COUNTY'S inspector, the CITY
shall furnish the Assistant County Engineer of the COUNTY's Department of Engineering and
Public Works with a request for payment supported by the following:
a. A certification from a Florida Registered Landscape Architect that the
IMPROVEMENTS were installed in substantial compliance with the
approved beautification plans for the IMPROVEMENTS, and;
b. Paid invoices, checks or such other documentation which is acceptable
in form and detail to the COUNTY to provide verification that the
services and/or materials have been performed, received, and paid for
by the CITY. In kind services performed by the CITY shall be
adequately documented with copies of payroll logs, etc.
3
7. All installation of these IMPROVEMENTS shall be completed and final
invoices submitted to the COUNTY no later than June 30, 2001, and the COUNTY shall have no
obligation to the CITY or any other entity or person for any cost incurred thereafter unless the time
' for completion is extended by modification of this Agreement as provided herein.
8. The CITY agrees to be responsible for the perpetual maintenance of the
IMPROVEMENTS following the installation and shall be solely responsible for obtaining and
{
complying with all the necessary permits, approvals, and authorizations from any federal, state,
regional, or COUNTY agency which are required for installation and maintenance of the
IMPROVEMENTS.
}
9. The COUNTY shall have no obligation to the CITY or any other entity
}
or person in excess of the amount provided in paragraph 2.
10. As it relates to this Agreement, the COUNTY may initiate a financial
system analysis and/or an internal fiscal control evaluation of the CITY by an independent auditing
firm employed by the COUNTY or by the County Internal Audit Department at any time the
COUNTY deems necessary.
11. The CITY recognizes that it is an independent contractor, and not an
} agent or servant of the COUNTY or its Board of County Commissioners. In the event a claim or
}
lawsuit is brought against the COUNTY, its officers, employees, servants or agents relating to the
IMPROVEMENTS or any item which is the responsibility of the CITY, the CITY hereby agrees,
to the extent permitted by law, to indemnify, save and hold harmless the COUNTY, its officers,
employees, servants or agents and to defend said persons from any such claims, liabilities, causes
of action and judgements of any type whatsoever arising out of, or relating to the existence of, the
IMPROVEMENTS or the performance by the CITY as may relate to this Agreement. The CITY
} agrees to pay all costs, attorney's fees and expenses incurred by the COUNTY, its officers,
employees, servants or agents in connection with such claims, liabilities, or suits except as may be
4
I
i
1
incurred due to negligence of the COUNTY. Furthermore, the CITY stipulates that the extent of
the COUNTY's liability pursuant to this Agreement shall be limited solely to its aforementioned
payment obligation.
12. The CITY shall, at all times during the term of this Agreement (the
installation of the IMPROVEMENTS) maintain in force its status as a municipal corporation.
13. The CITY shall require each contractor engaged by the CITY for work
associated with this Agreement to maintain:
a. Workers' Compensation coverage in accordance with Florida Statutes,
and;
b. Commercial General Liability coverage, in combined single limits of
not less than ONE MILLION AND 00 /100 DOLLARS ($1,000,000.00).
The COUNTY shall be included in the coverage as an additional insured.
14. In the event of termination by the CITY, the CITY shall not be relieved
of liability to the COUNTY for damages sustained by the COUNTY by virtue of any breach of the
contract by the CITY and the COUNTY may withhold any payment to the CITY for the purpose
of off -set until such time as the exact amount of damages due the COUNTY is determined.
15. The COUNTY and CITY agree that no person shall, on the grounds of
' € race, color, national origin, sexual orientation, religion or creed, sex, age, or handicap be
discriminated against in performance of the Agreement.
16. In the event that any section, paragraph, sentence, clause, or provision
hereof is held invalid by a court of competent jurisdiction, such holding shall not affect the
remaining portions of this Agreement and the same shall remain in full force and effect.
5
i 1
e
17. All notices required to be given under this Agreement shall be in writing
and deemed sufficient to each party when sent by United States Mail, postage paid, to the following:
AS TO THE COUNTY
Deputy County Engineer
Palm Beach County Department
i of Engineering & Public Works
Post Office Box 21229
West Palm Beach, Florida 33416 -1229
i'
AS TO THE CITY
City of Boynton Beach
p
I
18. This Agreement shall be construed and governed by the laws of the State
of Florida. Any and all legal action necessary to enforce this Agreement shall 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 other 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 shall preclude any other
or further exercise thereof.
19. Any costs or expenses (including reasonable attorney's fees) associated
with the enforcement of the terms and conditions of this Agreement shall be borne by the respective
parties; provided, however, that this clause pertains only to the parties to the Agreement.
20. Except as expressly permitted herein to the contrary, no modification,
amendment, or alteration in the terms or conditions contained herein shall be effective unless
contained in a written document executed with the same formality and equality of dignity herewith.
6
i
I
If{ f
a
21. The parties to this Agreement shall not be deemed to assume any liability
for the negligent or wrongful acts, or omissions of the other party. Nothing contained herein shall
be construed as a waiver, by either party, of the liability limits established in Section 768.28, Florida
Statutes.
22. Each party will promptly notify the other of any citizen complaint, claim,
suit, or cause of action threatened or commenced against it which arises out of, or relates in any
manner to, the performance of this Agreement.
23. 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.
24. The preparation of this agreement has been a joint effort of the parties, and
the resulting document shall not, solely as a matter of judicial constraint, be construed more severely
against one of the parties than the other.
25. This Agreement represents the entire understanding between the parties,
and supersedes all other negotiations, representations, or agreements, either written or oral, relating
to this Agreement.
26. A copy of this Agreement shall be filed with the Clerk of the Circuit
Court in and for Palm Beach County, Florida.
27. This Agreement shall take affect upon execution and the effective date
shall be the date of execution.
f
■
■
f � f
7
IN WITNESS WHEREOF, the parties have executed this Agreement and it is
effective on the date first above written.
CITY OF BOYNTON BEACH
ttr ",il�llt J! i
CITY OF BOYNTON BEACH
o i° BY ITS CITY COUNCIL
r on
ATT ,1 ...*****.•° e
By: , _ (Lid" By: •_.._f/ Z 60-1/k "" --4
--
CITY ATTORNEY MAYOR
APPROVED AS TO FORM AND LEGAL SUFFICIENCY
By: G« /vxe_l Q.�
ITY
PALM BEACH COUNTY
(COUNTY SEA ...• 'Y" 0 PALM BEACH COUNTY, FLORIDA, BY ITS
/CV BE '•''4, BOARD OF COUNTY COMMISSIONERS
f4.1 Q QJS I ` ?!y Cy : n ;
1 COUNTY ;'
ATTEST: y0d FL.OR1 '?' R 2 0 0 0 111 7
111 •.. •••• `,_ AU6 2
DOROTHY H. WILKEN, CLERK
Board of County Commissioners
BY: BY: )1/62-.4_1.- d.4_,
DEPUTY CLERK CHAIRMAN
APPROVED AS TO LEGAL SUFFICIENCY
BY: 6 d id L. / I
AS ' STANT COUNTY ATTORNEY
8
Agenda Item #: 3 • `; 41
PALM BEACH COUNTY �J
BOARD OF COUNTY COMMISSIONERS /4 / /14Z
AGENDA ITEM SUMMARY
Meeting Date: August 22, 2000 [X] Consent [ ] Regular
[ ] Workshop [ ] Public Hearing
Department: Engineering
Submitted By: Engineering and Public Works
Submitted For: Administration
I. EXECUTIVE BRIEF
Motion and Title: Staff recommends motion to approve:
A. A Reimbursement Agreement with the City of Boynton Beach for
improvements to the entrance road to the Boynton Beach Municipal
Golf Course.
B. A budget transfer of $65,045 in the Transportation Improvement
Fund from Reserves for District 4 Improvements to the Joe De Long
Boulevard - Paving and Beautification Project.
Summary: This item will provide a one time reimbursement of $65,045
to the City of Boynton Beach for improvements to the City's Joe De
Long Boulevard entrance to the Boynton Beach Municipal Golf Course
from Jog Road to 200 feet east of Jog Road.
District: 4 (MRE)
Background and Justification: The City of Boynton Beach is
undertaking improvements to the entrance road, Joe De Long
Boulevard, to the Boynton Beach Municipal Golf Course, which is on
land leased to the City by the County. The improvements consist of
paving, drainage, landscaping, irrigation, electrical, and
construction administrative costs from Jog Road to 200 feet east of
Jog Road. The County believes that such efforts serve a public
purpose in the enhancement of the entrance to the golf course and,
therefore, wishes to support that effort by providing a one -time
reimbursement contribution in the amount of $65,045. The City will
retain maintenance responsibility for the roadway on completion of
the improvements.
Attachments:
1. Location Sketch
2. Reimbursement Agreement
3. Budget Availability Statement
4. Budget Transfer
Recommended by: 010 1 0 oC)
Division Di or D t
Approved By: ' `� J , 6 7 '2,1 O U
County B*igineer D to
II. FISCAL IMPACT ANALYSIS
A. Five Year Summary of Fiscal Impact:
Fiscal Years 2000 2001 2002 2003 2004
Capital Expenditures $65,045
Operating Costs
External Revenues 0 0 0 0 0
Program Income (County)
In -Kind Match (County)
NET FISCAL IMPACT $65,045
# ADDITIONAL FTE
POSITIONS (Cumulative)
Is Item Included In Current Budget? Yes No X
Budget Account No.: Fund 360 Agency 361 Org. 0758 Object 8101
Reporting Category
B. Recommended Sources of Funds /Summary of Fiscal Impact:
Transportation Improvement Fund
Reserves for District 4 Improvements
This item requires a budget transfer as attached.
Subsequent budget documents will be presented at a later date to
replace Local Option Gas Tax Funding with Constitutional Gas Tax
funding.
C. Departmental Fiscal Review:
III. REVIEW COMMENTS
A. OFMB Fiscal and /or Contract Dev. and Control Comments:
7
I� • ....!'. / - _ 3/ D0
0 u ,/ :on - A'v. and Contfol
3/fr
B. Legal Sufficiency:
i
ega is ency•
This Contract complies wetly our
contract review requirements.
C
As istant County Attorney
C. Other Department Review:
Department Director
This summary is not to be used as a basis for payment.
"' w ! i ° J � l0
p� LAKE LAND 'R L-20
LE CHALET BLVD JVL UL LVI \V uLV Zi
r . o �o �� LON KEY '
o /
1 0 ,
y A ` v 9 0 �� O 1111 `� r- CD ::
V\/t ' ' ' .
HAOE � p (54111111P � ciN
V
t KEY WEST LN
RANG I SEA LN _ _ LE CH / 2 KEY LARGO LN
� pNE o Co r ABERDEEN 1821
� -C1 &, \ ,\-\ GOLF
29 y d COURSE J
-HER ? Cr CIR L-21 Canal
CT so e
I �,
P[ �Q�� �Q L � ; • 0 CH ME CITAI q 9 �
co i OQ -a pt 4 CT CT .SS
Z - �1. I O (1� � ORI "'! A c j • ill : II.1�
Z Vi" C` � Y LJt ' C
1 GEORGETOWN SO� R 2 0 :' Cl �• Qom``.
v SCART
( 2LIVINGSTON1 S �pWNE , p� .
- a ■ --) 0 9 ='�
� �> 2 J y 212.,1 w
• MAGEN Tq"
1 0 /' t3 o <c
Q ¢ z ¢ N
FD TERA a v a ROSA CIR v
S.F.W.M.D. I w
SUMMER TREE > - Z
DR Q E y cc
1----
° J 49 N ' . CT ? �" QUA 172.1 t/ CO
cc
LIJ
cc w o
Z .. s �S TA BLV
--- °C NCH • ° G� / 9 ; �' Q W R
O 9 ' 'E /p 6 ! o " 5; NBER, , ; ; N CIR
w a . - Y . �R F Yp \ 2
o 0 0 a CO
SAILING ° m ° UNTRY FAIR „ Q / ► TE
SHORES 1 96 SJ TER
E TER Q BEACON PL S I-- L TS I ' CIR
m c,, .44, ,T) HOLLOW °
I
. TURN CIR N v G '� ' POINTE
"� __ 1 CAR SO C
WATERFAL o c a D E i � RBORNLDEN RIDGE DR J c2>.----,- j
WNl4P9 SEA PL m FARRAGUT ° w 98 LN S u - i
y �
� � ' Q Qk GOLDEN - ,> ��” �` a
SUMMERS' DR BOYNTON ° w BEACH
%. _
DR ° u.
L-24 P O Q Y 1 N Canal
3 a 2 Y �- °
cp r ° � 3
cp
fo 4 eli E;
..+ f
H
95 SEE PG 101
L /VT I°N
SKETC 14
INTEROFFICE COMMUNICATION
PALM BEACH COUNTY
BUDGET AVAILABILITY STATEMENT
DATE: July 6, 2000
TO: Harvey Phillips
Special Projects Coordinator, Engineering
FROM: Liz Purvis
Senior Budget Analyst, OFMB
RE: City of Boynton Beach
Joe De Long Boulevard - Paving and Beautification
$65, 045
BOARD MEETING DATE: August 22, 2000
FUNDING STATUS: Budget Transfer Required
A budget transfer of $65,045 in the Transportation Improvement
Fund from Reserves for District 4 Improvements to the Joe De
Long Boulevard - Paving and Beautification project.
FISCAL IMPACT ANALYSIS
A. Five Year Summary of Fiscal Impact:
Fiscal Years 2000 2001 2002 2003 2004
Capital Expenditures $65,045 -0- -0- -0- -0-
Operating Costs -0- -0- -0- -0- -0-
External Revenues -0- -0- -0- -0- -0-
Program Income (County) -0- -0- -0- -0- -0-
In -Kind Match (County) -0- -0- -0- -0- -0-
NET FISCAL IMPACT $65,045 -0- -0- -0- -0-
# ADDITIONAL FTE -0- -0- -0- -0- -0-
POSITIONS (Cumulative) -0- -0- -0- -0- -0-
Is Item Included in Current Budget? Yes No X
Budget Account No:
Fund Agency Organization Object
360 361 0758 8101
B. Recommended Sources of Funds /Summary of Fiscal Impact:
Transportation Improvement Fund
Reserves for District 4 Improvements
This item requires a budget transfer as attached.
Subsequent budget documents will be presented at a later date to
replace Local Option Gas Tax funding with Constitutional Gas Tax
funding.
G:\ \BAS- 00 \000454.dip
2000 -
BOARD OF COUNTY COMMISSIONERS
PALM BEACH COUNTY, FLORIDA
BUDGET TRANSFER
FUND 360 TRANSPORTATION IMPROVEMENT FUND
EXPENDED/
ORIGINAL CURRENT ADJUSTED ENCUMBERED REMAINING
ACCOUNT NAME AND NUMBER BUDGET BUDGET INCREASE DECREASE BUDGET AS OF 07/07/00 BALANCE
CITY OF BOYNTON BEACH/JOHN DE LONG BOULEVARD
361 -0758 8101 Contributions Other Gov't Agencies 0 0 65,045 0 65,045 0 65,04.
RESERVE FOR DISTRICT 4
361 -9444 9907 Reserve for Future Construction 570,000 1,492,000 0 65,045 1,426,955 0 1,426,955
TOTAL 65,045 65,045
. .f
\ 11
C. C�„4 i Y :ti
BAS #00 -454 ` F ; I •
, <
, ._
OFFICE OF FINANCIAL MANAGEMENT Signatures & Dates , / h; p ' ' •. : ` ">c_= BY BOARD OF COUNTY COMMISSIONERS
& BUDGET rl lli, c ' • - • `"' `:- = AT MEETIN OF AUGUST 22, 2000
INITIATING DEPARTMENT/DIVISION / �,
� , „ 1 G(- • r j 1' 1, •-''''
_
Administration/Budget Department Approval 117/11.fA j«'t1,MillYI I)�11�! 0114) 1 D uty Clerk to the
OFMB Department - Posted v Board of County Commissioners