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90-KKKRESOLUTION NO. 90-/z~ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE A CERTAIN AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH, FLORIDA AND PALM BEACH COUNTY, FLORIDA· FOR THE JOINT FUNDING IMPROVEMENTS TO WOOLBRIGHT ROAD; A COPY OF SAID AGREEMENT BEING ATTACHED HERETO AS EXHIBIT "1"; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. NOW, THEREFORE, BE IT RESOLVED by the City Commission the City of Boynton Beach, Florida, that: Section 1. The Mayor and City Clerk are hereby luthorized and directed to execute a certain Agreement the City of Boynton Beach· Florida and Palm Beach · Florida, for the joint funding improvements to ight Road from Military Trail to Congress Avenue· a py of which is attached hereto as Exhibit "1" Section 2. This Resolution shall take effect Lely upon passage. PASSED AND ADOPTED this / day of May, 1990. BEACH, FLORIDA ce Mayor ~~'~-~jC°mmissi°ner' . ~ Con~n-iss ioner C~mmiss ioner ( Corporate Seal AND PALM BEACH COUNTY, FLORIDA FOR THE JOINT FUNDING IMPROVEME:NTB TO WOOLBRIGHT ROAD FROM MILITARY T~AIL TO CONGRESS AVENUE JUN 2 6 1990 THIS AGREEMENT, made and entered into this day of 1990, by and between the COUNTY OF PALM BEACH, a politica~ subdivi~ion of the State of Florida, hereinafter called and referred! to as the ~COUNTYW~ and the City of Boynton Beach, a legal municipality in the State of Florida, hereinafter call.ed an( referred to as the ~WCITY~, WI TNE S SETH : WHEREAS, the CITY and the COUNTY 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 COUNTY has caused to be prepared roadway construction plans and specifications for improving Woolbright Road, Military Trail to Congress Avenue~ and WHEREAS, the CITY has caused to be prepared utility constructio~ plans and specifications for water distribution, sewage collection and/or transmission systems for the aforementioned portion of Woolbright Road from Military Trail to Congress Avenue which will serve portions of its service area~ and : WHEREAS, both CITY and the COUNTY declare that it is in the public interest that the water distribution, sewage collection and/or sewage transmission systems be constructed with the aforementioned Woolbright Road improvements~ and -1- WHEREAS, the AUTHORITY has budgeted funds for cooperation in construction of the water distribution, sewage collection, and/or sewage transmission systems along the authorized service section of Woolbright Roadl and WHEREAS, the CITY is desirous of funding the costs for construction of the water and sewage systems which benefit the CITY~ and WHEREAS, the CITY will perform all inspections, testing and certifications required for the water distribution, sewage collection and/or sewage transmission systems to insure'compliance with their specifications and permits~ NOW, THEREFORE, for and in consideration of the mutual covenants =ontalned herein, the Parties to this Agreement agree as followss The recitals set forth above are incorporated in this agreement. hereby adopted and 2. The COUNTY agrees Advertise for bids, submit bids to CITY for review~ accept bids found acceptable by CITY, and award a contract for the construction of Woolbrlght Road improvements, water distr&butions, sewage collection and/or sewage transmission systems which are to be owned by CITY. Be Administer the above contract and administer the funds in accordance with this Agreement. -2- 6upply the CITY with a contract audit in accordance with standard accounting procedures which reflect total, final costs of the water distribution, sewage collection and/or sewage transmission systems, upon completion of this project. The CITY agrees Use a professlonal engineer selected'by the CITY to prepare and design plans for their portlon of the project. Pay the costs of engineering services to accomplish design plans for the project. Ce Provide or cause to be performed all inspection services during construction of and final certification for the aforementioned water and/or sewer systems. To the extent that the CITY is charged with design of the project, CITY agrees to be responsible for any and all liability with regard to its performance of the requirements of this agreement. To contribute and to forward to the COUNTY the funding for the actual costs of construction of the water distribution, sewage collection and/or sewage transmission systems after bids have been accepted and within 45 days of request by the COUNTY, based on the contract costs as awarded by the COUNTY. Both the COUNTY and the CITY agree to pay to the other such funds as are indicated in the final audit set forth Paragraph 2 (C) above, whiohwill balance accounts between the parties. This Agreement shall be executed ~n duplicate and both the COUNTY and the CITY shall retain one (1) copy. Each sha~! be considered an original. . Any and all notices required or permitted to be given here under shall be deemed received five (S) days after same are deposited in U.S. Mail sent via certified mail, return receipt requested. All notices to CITY shall be sent to: John A. Guidry~ Director of Utilities City of Boynton Beach P.O. Box 310 Boynton Beach, FL 33425-03 ~0 All notices to the COUNTY shall be sent H.F. Kahlert, P.E., County Engineer Engineering and Public Works Department P.O. Box 2429 West Palm Beach, FL 33402 ATTN~ Roadway Production -4- ~90 9~3 i] IN WITNESS WHEREOF, the County of Palm Beach, Florida has caused this Agreement to signed by the Chairman 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 Agreemen~ to be signed in its name by its Chairman and its seal to be affixed hereto, attested by its Secretary, the date and year first above written. CITY OF BOYNTON BEACH / Mayor DATE 5/1/90 PALM BEACH COUNTY, FLORIDA, BY ITS BOARD OF COUNTY COMMISSIONERS By: 2 DATE ATTESTS -5- JOHN B. DUNZLE~ CLER~ 26 APPROVED~S TO FORM COUh~¥ ATTORNEY ~jO0 ,.~2~00 SCALE: 1~ ~' ~600' EXIS TING - F'U TURE ADDI,TIONS FIGURE 4-2B. Futuro~Wator Distribution System (SW Section).