R20-039 1 RESOLUTION NO. R20-039
2 A RESOLUTION OF THE CITY OF BOYNTON BEACH,
3 FLORIDA,APPROVING AND AUTHORIZING THE MAYOR TO
4 SIGN AN INTERLOCAL AGREEMENT BETWEEN THE CITY
5 OF BOYNTON BEACH AND THE CITY OF DELRAY BEACH TO
6 SHARE THE ENGINEERING DESIGN COST TO
7 REHABILITATE GULFSTREAM BOULEVARD (AKA SE 36TH
8 AVENUE); AND PROVIDING AN EFFECTIVE DATE.
9 WHEREAS, City staff has determined that Gulfstream Boulevard(SE 36th Avenue) is
10 in need of replacement; and
11 WHEREAS, half of the roadway is outside the City limits and located in the City of
12 Delray Beach and therefore staff reached out to the City of Delray Beach to inquire on the
13 possibility of initiating a joint design project and future construction project; and
14 WHEREAS,the By funding the joint design of the project both Cities will realize cost
15 savings and efficiencies gained by collaborating on the road's rehabilitation; and
16 WHEREAS, the agreement between the municipalities specifies the City of Boynton
17 Beach will be reimbursed by the City of Delray Beach in an amount not to exceed$250,000,
18 which is their pro rata share of the total not to exceed engineering design costs of$500,000;
19 and
20 WHEREAS, the City Commission of the City of Boynton Beach, Florida, upon the
21 recommendation of staff,deems it to be in the best interests of the City residents to approve and
22 authorize the Mayor to sign an Interlocal Agreement with the City of Delray Beach to share the
23 engineering design cost to rehabilitate Gulfstream Boulevard(aka SE 36th Avenue).
24 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
25 THE CITY OF BOYNTON BEACH,FLORIDA, THAT:
S:\CA\RESO\Agreements\ILA With Delray For Cost Sharing For SE 36th Avenue-Reso.Docx
26 Section 1. Each Whereas clause set forth above is true and correct and incorporated
27 herein by this reference.
28 Section 2. The City Commission of the City of Boynton Beach,Florida does hereby
29 approve and authorize the Mayor to sign the Interlocal Agreement between the City of Boynton
30 Beach and the City of Delray Beach to share the engineering design cost to rehabilitate
31 Gulfstream Boulevard (aka SE 36th Avenue) in an amount not to exceed $250,000.00 which is
32 Delray Beach's pro rata share of the total not to exceed engineering design costs
33 of$500,000.00, a copy of the Interlocal Agreement is attached hereto as Exhibit"A".
34 Section 3. That this Resolution shall become effective immediately upon passage.
35 PASSED AND ADOPTED this 554-day of May, 2020.
36 CITY OF BOYNTON BEACH, FLORIDA
37
38 YES NO
39
40 Mayor—Steven B. Grant
41
42 Vice Mayor—Ty Penserga
43
44 Commissioner—Justin Katz
45
46 Commissioner—Woodrow L. Hay
47
48 Commissioner—Christina L. Romelus
49
50 VOTE
51 ATTEST:
52
53i ,
54 i4 % L
55 C stal Gibson, MMC �`{ fi `, 0
56 City Clerk -.--" --_
•t-
58 `'
59 (Corporate Seal) 1,920
60 v
S:\CA\RESO\Agreements\ILA With D y or s&5' aring-For SE 36th Avenue-Reso.Docx
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INTERLOCAL AGREEMENT
BETWEEN THE CITY OF BOYNTON BEACH
AND
THE CITY OF DELRAY BEACH
(ENGINEERING DESIGN OF SE 36TH AVE)
THIS AGREEMENT ("Agreement" or "Interlocal Agreement"), is made and
entered into , 20a() , by and between the City of
Boynton Beach, a lorida municipal corporation (hereinafter "Boynton Beach"),
and the City of Delray Beach, a Florida municipal corporation (hereinafter
"Delray Beach") collectively (the "Parties") or individually (a "Party").
WITNESSETH:
WHEREAS, the Parties are authorized pursuant to the Florida Interlocal
Cooperation Act of 1969 as set forth in Section 163.01, et seq., Florida Statutes
(hereinafter the "Act") to make efficient use of their respective powers, resources,
authority and capabilities by enabling them to cooperate on the basis of mutual
advantage and thereby provide the facilities and efforts identified herein in the
manner that will best utilize existing resources, powers and authority available to
each of them; and
WHEREAS, it is the purpose of the Act to provide a means by which the
Parties may exercise their respective powers, privileges and authority which they
may separately, but which pursuant to this Interlocal Agreement and the Act they
may exercise collectively; and
WHEREAS, the Parties have common interests in the rehabilitation of SE
36th Ave; and
WHEREAS, the eastbound lane of SE 36th Ave resides in Delray Beach,
the westbound lane of SE 36th Ave resides in Boynton Beach, and the median
between the lanes of SE 36th Ave is one half (1/2) owned and maintained by
each Party; and
WHEREAS, there are cost savings and efficiencies gained by the Parties
collaborating on the rehabilitation which serves both a municipal and public
purpose; and
NOW, THEREFORE, the Parties express their mutual understandings and
commitments as follows:
Section 1. STATEMENT OF PURPOSE
The purpose of this Interlocal Agreement is to establish an agreement
between the Parties in order to allocate each party's pro rata share of expenses
2.7 Once Boynton Beach enters into a contract with the Selected
Engineer for the Project, Delray Beach shall not be able to withdraw
payment of its pro rata share of Engineering Expenses to be
payable to Boynton Beach, as provided herein.
Section 3. PUBLIC RECORDS
The Parties are public agencies subject to Chapter 119, Fla. Stat. The
Parties shall comply with all public records laws in accordance with Chapter 119,
Fla. Stat. In accordance with state law, the Parties agrees to:
3.1 Keep and maintain all records that ordinarily and necessarily
would be required by the Parties.
3.2 Provide the public with access to public records on the same
terms and conditions that the Parties would provide for the records
and at a cost that does not exceed the costs provided in Chapter
119, Fla. Stat. or as otherwise provided by law.
3.3 Ensure that public records that are exempt or confidential
and exempt from public records disclosure are not disclosed
except as authorized by law.
3.4 Meet all requirements for retaining public records and
transfer, at no cost, to the Parties all records in possession of the
Parties at the termination of this Agreement and destroy any public
records that are exempt or confidential and exempt from public
records disclosure requirements. All records stored electronically
must be provided to the Parties in a format that is compatible with
the information technology systems of the Parties. All records shall
be transferred to the Parties prior to final payment being made to
the Parties.
3.5 If either Party does not comply with this section, the non-
breaching Party shall enforce the Agreement provisions in
accordance with this Agreement and may unilaterally cancel this
Agreement in accordance with state law.
Section 4. REMEDIES
Both Parties shall have any and all remedies as permitted by law. The
Parties agree, however, to provide for positive dialogue and communications if
disputes or disagreements arise as to the application or interpretation of the
Interlocal Agreement provisions.
Section 5. DURATION AND TERMINATION
100367898.5 300.90018211
The invalidity, illegality, or unenforceability of any provision of this
Interlocal Agreement, or the occurrence of any event rendering any portion or
provision of this Agreement void or voidable, shall in no way affect the validity or
enforceability of any other portion or provision of the Interlocal Agreement. Any
void or voidable provision shall be deemed severed from the Interlocal
Agreement and the balance of the Interlocal Agreement shall be construed and
enforced as if the Interlocal Agreement did not contain the particular portion or
provision held to be void. The Parties further agree to reform the Interlocal
Agreement to replace any stricken provision with a valid provision that comes as
close as possible to the intent of the stricken provision. The provisions of this
section shall not prevent the entire Interlocal Agreement from being held void
should a provision which is of the essence of the Interlocal Agreement be
determined to be void by a court of competent jurisdiction.
Section 11. NOTICES
11.1 Any notice given pursuant to the terms of this Agreement
shall be in writing and done by Certified Mail, Return Receipt
Requested. The effective date of such notice shall be the date of
receipt, as evidenced by the Return Receipt. All notices shall be
addressed to the following:
As to City of Boynton Beach: Attn: City Manager
City of Boynton Beach
PO Box 310
Boynton Beach, FL 33425
As to City of Delray Beach: Attn: City Manager
City of Delray Beach
100 NW 1St Avenue
Delray Beach, FL 33444
11.2 Notices shall be effective when delivered to the address
specified above. Changes in the respective addresses to which
such notice may be directed may be made from time to time by any
Party by written notice to the other Party. Facsimile and email are
acceptable notice effective when received, however, facsimiles and
emails received (i.e. printed) after 5:00 p.m. or on weekends or
holidays, vvill be deemed received on the next business day. The
original of the notice must additionally be mailed as required herein.
Section 12: FILING
A copy of this Agreement shall be filed with the Clerk of the Circuit Court
in and for Palm Beach County.
100367898 5 306.900I82I1
shall not be affected thereby, and each term of the Agreement shall be valid and
enforceable to the fullest extent permitted by law.
Section 19: COUNTERPARTS
This Agreement may be executed in counterparts, each of which shall be
deemed to be an original, but all of which, taken together, shall constitute one
and the same agreement.
Section 20: EFFECTIVE DATE
This Agreement is expressly contingent upon the approval by the Parties
and shall become effective only when signed by the Parties. The effective date
shall be the last date that it is executed by the Parties.
IN WITNESS WHEREOF, the Parties have caused this Agreement to be
executed on the date and year first written above.
ATTEST: CITY OF YNT B
BY: M'i.42111/1 I By:
Name: Steven B. Grant
Title: Mayor ,.•
>') 4th•
APPROVED AS TO F• ' AND ., v' .'
• o a, p
LEGAL S ICIER Y ry
`C
By. Ci*Attorney •fflifirIn
CITY LYB .PH
AT EST ISA
•
ILl
PI„ . IPRY MI ' .I • By: i..fi.7y►i W*A Y - Shelly rolia
Title: Mayor
APPROVED AS TO FORM
AND LEG ' - FFIC
it •
By. d•
411617:40y
X0007/00`306.001/2t
Section 13: FORCE MAJEURE
Any Party delayed by a Force Majeure Event, as defined herein, in
performing under this Interlocal Agreement shall use reasonable efforts to
remedy the cause or causes of such Force Majeure Event. A delay due to a
Force Majeure Event shall serve to toll the time to perform under this Agreement.
"Force Majeure Event" shall mean any act of God, fire, flood, earthquake,
explosion, hurricane, riot, sabotage, terrorist attack, windstorm, failure of utility
service, or labor dispute.
Section 14: CONSTRUCTION
No Party shall be considered the author of this Interlocal Agreement since
the Parties hereto have participated in negotiations and drafting and redrafting of
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. 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.
Section 15: NO THIRD PARTY BENEFICIARY
No provision of this Interlocal 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 any Party.
Section 16: NON-DISCRIMINATION
The Parties shall not discriminate on the basis of race, color, sex, religion,
national origin, disability, age, marital status, political affiliation, sexual
orientation, or gender identity and expression in the performance of this
Agreement.
Section 17: ASSIGNMENT
The Parties may not assign this Agreement in whole or in part, without prior
written consent of the other, which may be granted or withheld at the such
Parties' absolute discretion.
Section 18: SEVERABILITY
If any term of the Agreement or the application thereof shall be determined
by a court of competent jurisdiction to be invalid or unenforceable, the remainder
of the Agreement, other than those as to which it is held invalid or unenforceable,
IUJ367898 5 1J6-91018211
5.1 This Interlocal Agreement shall become effective upon being
executed by both Parties.
5.2 This Interlocal Agreement shall remain in effect until the
Project is completed and Delray Beach pays Boynton Beach for the
final invoice related to the Project. This Agreement may be
terminated by written mutual consent executed by both Parties.
Section 6. GOVERNING LAW/VENUE /WAIVER OF JURY TRIAL
This Agreement shall be governed by the laws of the State of Florida. Any legal
action to enforce the Agreement will be filed in Palm Beach County. In any
litigation brought to enforce the terms of this Interlocal Agreement, the Parties
shall bear their own costs and attorney's fees incurred in connection therewith.
BY ENTERING INTO THIS AGREEMENT, THE PARTIES EXPRESSLY WAIVE
ANY RIGHT THE PARTIES MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL
LITIGATION OR ANY CLAIM RELATED TO THIS AGREEMENT.
Section 7. LIABILITY AND INDEMNITY
7.1. Each Party shall be liable for its own actions and negligence
and, to the extent permitted by law, the Parties and their respective
officers and employees shall not be deemed to assume any liability
for the acts, omissions and negligence of the other. Nothing herein
shall constitute, or be construed as, a waiver of sovereign immunity
beyond the limits set forth in Florida Statute, Section 768.28, or of
any defense available to the Parties as set forth in Florida Statutes,
Section 768.28 or any other provisions of Florida law.
7.2 This section shall survive the termination or expiration of this
Agreement.
Section 8. AMENDMENT OF THIS AGREEMENT
Amendments to this Interlocal Agreement shall be made by written
consent of both Parties.
Section 9. EXECUTION OF AGREEMENT
This Agreement shall be executed by the Parties' authorized
representatives pursuant to an appropriate resolution of the respective local
governmental unit. Each Party shall be bound to the terms of this Interlocal
Agreement as of the date it is signed by both Parties.
Section 10. SEVERABILITY
CUCOG'Mw8 5 7UF-,V0.%21
for the engineering design of the rehabilitation of SE 36th Ave from Seacrest Blvd.
eastward to FEC Railroad Track ("Project"). This Agreement solely pertains to
the engineering design expenses including engineering expenses related to
geotechnical, environmental, and surveying services, and does not cover any
construction expenses ("Engineering Expenses").
Section 2. COST SHARING AND PROCUREMENT OF THE PROJECT
2.1 In consideration of Boynton Beach issuing a Request for
Qualifications for the engineering design of the Project, and
entering into a contract with the selected engineer for the Project
("Selected Engineer"), Delray Beach shall pay to Boynton Beach its
pro rata share of Engineering Expenses, which shall consist of all
the Project Engineering Expenses associated with Delray Beach's
right-of-way or any other real property owned by Delray Beach.
2.2 The Project Engineering Expenses shall be shared pro rata
between the Parties, however, the elements of the design specific
to each Party's property, if any, shall be paid for by the respective
Party.
2.3 Each Party's share of Engineering Expenses, as provided
herein, shall not exceed Two Hundred and Fifty Thousand and
00/100 Dollars ($250,000.00). In the event the Selected Engineer's
proposal exceeds Five Hundred Thousand and 00/100 Dollars
($500,000.00), the Parties will mutually agree to remove certain
items from the scope of services, or negotiate with the second
place engineer, according to the Project's request for proposals.
1
2.4 Delray Beach shall make payments to Boynton Beach within 30
days of receipt of an invoice related to Delray Beach's pro rata
share of the Project Engineering Expenses.
2.5 Boynton Beach shall invite a representative of Delray Beach's
engineering staff to serve on the procurement evaluation and
selection panel for the engineering design of the Project, and once
selected, Delray Beach shall participate in the process between
Boynton Beach and the Selected Engineer in negotiation of a
contract for the Project.
2.6 The Parties shall work together to conduct public meetings,
which will allow the public of both Boynton Beach and Delray Beach
to express any concerns related to the Project.
100367898 S 306-90018211
CFN 20200214633
OR BK 31514 PG 216
RECORDED 06/19/2020 16:11:37
Palm Beach County, Florida
AMT
Sharon R. Bock
CLERK&COMPTROLLER
Pgs 0216-0222; (7Pgs)
INTERLOCAL AGREEMENT
BETWEEN THE CITY OF BOYNTON BEACH
AND
THE CITY OF DELRAY BEACH
(ENGINEERING DESIGN OF SE 36TH AVE)
THIS A : T ("Agreement" or "Interlocal Agreement"), is made and
entered into //� j� , 2020 , by and between the City of
Boynton Beach, al lorida municipal corporation (hereinafter "Boynton Beach"),
and the City of Delray Beach, a Florida municipal corporation (hereinafter
"Delray Beach") collectively (the "Parties") or individually (a "Party").
WITNESSETH:
WHEREAS, the Parties are authorized pursuant to the Florida Interlocal
Cooperation Act of 1969 as set forth in Section 163.01, et seq., Florida Statutes
(hereinafter the "Act") to make efficient use of their respective powers, resources,
authority and capabilities by enabling them to cooperate on the basis of mutual
advantage and thereby provide the facilities and efforts identified herein in the
manner that will best utilize existing resources, powers and authority available to
each of them; and
WHEREAS, it is the purpose of the Act to provide a means by which the
Parties may exercise their respective powers, privileges and authority which they
may separately, but which pursuant to this Interlocal Agreement and the Act they
may exercise collectively; and
WHEREAS, the Parties have common interests in the rehabilitation of SE
36th Ave; and
WHEREAS, the eastbound lane of SE 36th Ave resides in Delray Beach,
the westbound lane of SE 36'h Ave resides in Boynton Beach, and the median
between the lanes of SE 36th Ave is one half (1/2) owned and maintained by
each Party; and
WHEREAS, there are cost savings and efficiencies gained by the Parties
collaborating on the rehabilitation which serves both a municipal and public
purpose; and
NOW, THEREFORE, the Parties express their mutual understandings and
commitments as follows:
Section 1. STATEMENT OF PURPOSE
The purpose of this Interlocal Agreement is to establish an agreement
between the Parties in order to allocate each party's pro rata share of expenses
:00767898'106.91101821
CFN 20200214633
BOOK 31514 PAGE 217
2 OF 7
for the engineering design of the rehabilitation of SE 36'h Ave from Seacrest Blvd.
eastward to FEC Railroad Track ("Project"). This Agreement solely pertains to
the engineering design expenses including engineering expenses related to
geotechnical, environmental, and surveying services, and does not cover any
construction expenses ("Engineering Expenses").
Section 2. COST SHARING AND PROCUREMENT OF THE PROJECT
2.1 In consideration of Boynton Beach issuing a Request for
Qualifications for the engineering design of the Project, and
entering into a contract with the selected engineer for the Project
("Selected Engineer"), Delray Beach shall pay to Boynton Beach its
pro rata share of Engineering Expenses, which shall consist of all
the Project Engineering Expenses associated with Delray Beach's
right-of-way or any other real property owned by Delray Beach,
2.2 The Project Engineering Expenses shall be shared pro rata
between the Parties, however, the elements of the design specific
to each Party's property, if any, shall be paid for by the respective
Party.
2.3 Each Party's share of Engineering Expenses, as provided
herein, shall not exceed Two Hundred and Fifty Thousand and
00/100 Dollars ($250,000.00). In the event the Selected Engineer's
proposal exceeds Five Hundred Thousand and 00/100 Dollars
($500,000.00), the Parties will mutually agree to remove certain
items from the scope of services, or negotiate with the second
place engineer, according to the Project's request for proposals.
2.4 Delray Beach shall make payments to Boynton Beach within 30
days of receipt of an invoice related to Delray Beach's pro rata
share of the Project Engineering Expenses.
2.5 Boynton Beach shall invite a representative of Delray Beach's
engineering staff to serve on the procurement evaluation and
selection panel for the engineering design of the Project, and once
selected, Defray Beach shall participate in the process between
Boynton Beach and the Selected Engineer in negotiation of a
contract for the Project.
2.6 The Parties shall work together to conduct public meetings,
which will allow the public of both Boynton Beach and Delray Beach
to express any concerns related to the Project.
rck,u,?R9R S 30(, kl l R2 J{
CFN 20200214633
BOOK 31514 PAGE 218
3 OF 7
2.7 Once Boynton Beach enters into a contract with the Selected
Engineer for the Project, Delray Beach shall not be able to withdraw
payment of its pro rata share of Engineering Expenses to be
payable to Boynton Beach, as provided herein.
Section 3. PUBLIC RECORDS
The Parties are public agencies subject to Chapter 119, Fla. Stat. The
Parties shall comply with all public records laws in accordance with Chapter 119,
Fla. Stat. In accordance with state law, the Parties agrees to:
3.1 Keep and maintain all records that ordinarily and necessarily
would be required by the Parties.
3.2 Provide the public with access to public records on the same
terms and conditions that the Parties would provide for the records
and at a cost that does not exceed the costs provided in Chapter
119, Fla. Stat. or as otherwise provided by law.
3.3 Ensure that public records that are exempt or confidential
and exempt from public records disclosure are not disclosed
except as authorized by law.
3.4 Meet all requirements for retaining public records and
transfer, at no cost, to the Parties all records in possession of the
Parties at the termination of this Agreement and destroy any public
records that are exempt or confidential and exempt from public
records disclosure requirements. All records stored electronically
must be provided to the Parties in a format that is compatible with
the information technology systems of the Parties. All records shall
be transferred to the Parties prior to final payment being made to
the Parties.
3.5 If either Party does not comply with this section, the non-
breaching Party shall enforce the Agreement provisions in
accordance with this Agreement and may unilaterally cancel this
Agreement in accordance with state law.
Section 4. REMEDIES
Both Parties shall have any and all remedies as permitted by law. The
Parties agree, however, to provide for positive dialogue and communications if
disputes or disagreements arise as to the application or interpretation of the
Interlocal Agreement provisions.
Section 5. DURATION AND TERMINATION
100367808 s 30,.'Mu;8:I
CFN 20200214633
BOOK 31514 PAGE 219
4 OF 7
5.1 This Interlocal Agreement shall become effective upon being
executed by both Parties.
5.2 This Interlocal Agreement shall remain in effect until the
Project is completed and Delray Beach pays Boynton Beach for the
final invoice related to the Project. This Agreement may be
terminated by written mutual consent executed by both Parties.
Section 6. GOVERNING LAW/ VENUE / WAIVER OF JURY TRIAL
This Agreement shall be governed by the laws of the State of Florida. Any legal
action to enforce the Agreement will be filed in Palm Beach County. In any
litigation brought to enforce the terms of this Interlocal Agreement, the Parties
shall bear their own costs and attorney's fees incurred in connection therewith,
BY ENTERING INTO THIS AGREEMENT, THE PARTIES EXPRESSLY WAIVE
ANY RIGHT THE PARTIES MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL
LITIGATION OR ANY CLAIM RELATED TO THIS AGREEMENT.
Section 7, LIABILITY AND INDEMNITY
7.1. Each Party shall be liable for its own actions and negligence
and, to the extent permitted by law, the Parties and their respective
officers and employees shall not be deemed to assume any liability
for the acts, omissions and negligence of the other. Nothing herein
shall constitute, or be construed as, a waiver of sovereign immunity
beyond the limits set forth in Florida Statute, Section 768.28, or of
any defense available to the Parties as set forth in Florida Statutes,
Section 768.28 or any other provisions of Florida law.
7.2 This section shall survive the termination or expiration of this
Agreement.
Section 8. AMENDMENT OF THIS AGREEMENT
Amendments to this Interlocal Agreement shall be made by written
consent of both Parties.
Section 9. EXECUTION OF AGREEMENT
This Agreement shall be executed by the Parties' authorized
representatives pursuant to an appropriate resolution of the respective local
governmental unit. Each Party shall be bound to the terms of this Interlocal
Agreement as of the date it is signed by both Parties.
Section 10. SEVERABILITY
CFN 20200214633
BOOK 31514 PAGE 220
5 OF 7
The invalidity, illegality, or unenforceability of any provision of this
Interlocal Agreement, or the occurrence of any event rendering any portion or
provision of this Agreement void or voidable, shall in no way affect the validity or
enforceability of any other portion or provision of the Interlocal Agreement. Any
void or voidable provision shall be deemed severed from the Interlocal
Agreement and the balance of the Interlocal Agreement shall be construed and
enforced as if the Interlocal Agreement did not contain the particular portion or
provision held to be void. The Parties further agree to reform the Interlocal
Agreement to replace any stricken provision with a valid provision that comes as
close as possible to the intent of the stricken provision. The provisions of this
section shall not prevent the entire Interlocal Agreement from being held void
should a provision which is of the essence of the Interlocal Agreement be
determined to be void by a court of competent jurisdiction.
Section 11. NOTICES
11.1 Any notice given pursuant to the terms of this Agreement
shall be in writing and done by Certified Mail, Return Receipt
Requested. The effective date of such notice shall be the date of
receipt, as evidenced by the Return Receipt. All notices shall be
addressed to the following:
As to City of Boynton Beach: Attn: City Manager
City of Boynton Beach
PO Box 310
Boynton Beach, FL 33425
As to City of Delray Beach: Attn: City Manager
City of Delray Beach
100 NW 151 Avenue
Delray Beach, FL 33444
11.2 Notices shall be effective when delivered to the address
specified above. Changes in the respective addresses to which
such notice may be directed may be made from time to time by any
Party by written notice to the other Party. Facsimile and email are
acceptable notice effective when received, however, facsimiles and
emails received (i.e. printed) after 5:00 p.m. or on weekends or
holidays, will be deemed received on the next business day. The
original of the notice must additionally be mailed as required herein.
Section 12: FILING
A copy of this Agreement shall be filed with the Clerk of the Circuit Court
in and for Palm Beach County.
100367,08 5 364.•900 1821
CFN 20200214633
BOOK 31514 PAGE 221
6 OF 7
Section 13: FORCE MAJEURE
Any Party delayed by a Force Majeure Event, as defined herein, in
performing under this Interlocal Agreement shall use reasonable efforts to
remedy the cause or causes of such Force Majeure Event. A delay due to a
Force Majeure Event shall serve to toll the time to perform under this Agreement.
"Force Majeure Event" shall mean any act of God, fire, flood, earthquake,
explosion, hurricane, riot, sabotage, terrorist attack, windstorm, failure of utility
service, or labor dispute.
Section 14: CONSTRUCTION
No Party shall be considered the author of this Interlocal Agreement since
the Parties hereto have participated in negotiations and drafting and redrafting of
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. 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.
Section 15: NO THIRD PARTY BENEFICIARY
No provision of this Interlocal 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 any Party.
Section 16: NON-DISCRIMINATION
The Parties shall not discriminate on the basis of race, color, sex, religion,
national origin, disability, age, marital status, political affiliation, sexual
orientation, or gender identity and expression in the performance of this
Agreement.
Section 17: ASSIGNMENT
The Parties may not assign this Agreement in whole or in part, without prior
written consent of the other, which may be granted or withheld at the such
Parties' absolute discretion.
Section 18: SEVERABILITY
If any term of the Agreement or the application thereof shall be determined
by a court of competent jurisdiction to be invalid or unenforceable, the remainder
of the Agreement, other than those as to which it is held invalid or unenforceable,
(i79R S 30o-000IUI
CFN 20200214633
BOOK 31514 PAGE 222
7 OF 7
shall not be affected thereby, and each term of the Agreement shall be valid and
enforceable to the fullest extent permitted by law.
Section 19: COUNTERPARTS
This Agreement may be executed in counterparts, each of which shall be
deemed to be an original, but all of which, taken together, shall constitute one
and the same agreement.
Section 20: EFFECTIVE DATE
This Agreement is expressly contingent upon the approval by the Parties
and shall become effective only when signed by the Parties. The effective date
shall be the last date that it is executed by the Parties.
IN WITNESS WHEREOF, the Parties have caused this Agreement to be
executed on the date and year first written above.
ATTEST: CITY OF YNT B- • •,
By:At.,4,-/---4, 44,4_ By: r - ' ..,..,=
Name: Steven B. Grant t;: ,G'fl,
Title: Mayor _ ;�,t,,,„
k',. , "
APPROVED AS TO F• - i/ AND 1---4 r�`.r., ?
LEGAL S ICIE f,-1 '`7`;' N
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ti, e
By: r o. ;x \'
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Ci',Attorney "4• . �_
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AT EST• CITY L- •Y B /`' H
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.imir, C,tir0 r • k, Vie: Shelly -\rolia
1 + Title: Mayor
APPROVED AS TO FORM
AND LEG • - FFIC -NCY:
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