R97-013RESOLUTION NO. R97-/,.~
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
THE CITY OF BOYNTON BEACH AND THE BOARD OF
COUNTY COMMISSIONERS OF PALM BEACH COUNTY,
PROVIDING FOR F!NANClAL ASSISTANCE FOR THE
IMPROVEMENTS TO GATEWAY BOULEVARD FROM
SEACREST BOULEVARD TO THE FEC RAILROAD; AND
PROVIDING AN EFFECTIVE DATE.
- WHEREAS, Gateway Boulevard is unique as a City neighborhood collector
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street, connecting to an Interstate 95 interchange; and
WHEREAS, the City has sought the assistance of the County toward
improvements to Gateway Boulevard from Seacrest Boulevard to the FEC Railroad;
and
WHEREAS, the City and the County desire to enter into an agreement to
provide the public with improvements to Gateway Boulevard;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The City Commission of the City of Boynton Beach, Florida
hereby authorizes and directs the Mayor and City Clerk to execute an Interiocal
Agreement with the Board of County Commissioners of Palm Beach County, said
Agreement being attached hereto as Exhibit "A".
Section 2. This Resolution shall become effective immediately upon
passage.
PASSED AND ADOPTED this ~ day of January, 1997.
CITY Of BOYNTON BEACH, FLORIDA
ATTEST:
Cit~ Clerk
Gate~lFEC ~
t/1~
Commissioner
Commissioner
Com, mfs~ioner
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~ATEWAY ~ FINANCIAL A~BISTANC~A~RE~T
FINANCIAL ASSISTANCE AGREEMENT
GATEWAY BOULEVARD FROM SEACREST BOULEVARD
TO THE FEC RAILROAD
THIS INTERLOCAL AGREEMENT is made and entered into this day
of , 19 , by and between the CITY OF BOYNTON BEACH,
a municipal corporation of the State of Florida, hereinafter
"CITY," and the BOARD OF COUNTY COMMISSIONERS OF PALM BEACH COUNTY,
a political subdivision of the State of Florida, hereinafter
"COUNTY."
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W I TN E S S E TH:
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WHEREAS, Gateway Boulevard is unique as a CITY neighborhood
collector street connecting-to an Interstate 95 interchange; and
WHEREAS, the CITY has sought the assistance of the COUNTY
toward improvements to Gateway Boulevard from Seacrest Boulevard to
the FEC Railroad; and
WHEREAS, the COUNTY believes that such assistance in the form
of financial participation by the COUNTY is in the best interests
of the CITY and the COUNTY; and
WHEREAS, the CITY and the COUNTY desire to enter into an
agreement
Boulevard.
NOW,
to provide
THEREFORE,
the public with improvements to Gateway
in consideration of the mutual covenants,
~romises, and agreements herein contained,
follows~
the parties agree as
The PROJECT is' defined as Gateway Boulevard Improvements from
Seacrest Boulevard to the west property line of the FEC Railroad
--1--
City
[] December 17, 1996
[] Sanusry 7, 1997
[] Ssnuary21. 1997
CITY OF BOYNTON BEACH
1)~ F~! Form Mint I~ Tur~d in
]3~am~r 11, 1996
D~xmi~ 30, 1~6
J~m~y 15, 1997
[] March4. 1997
~ Msrch lg, 1997
III.
CONSENT AG~ENDA
C.3 ~
c: Dev
~ F innl Submittal
D~ Fimi F~m Mu~ !~ Tuned ~n
January 29, 1~7
F~ 12. 1~
F~ 29, 1~7
NATURE OF ['-[ Administration 1--[ Consent
AGENDAITEM J'"[ Bid [-=] Public Hearing
[~ Legal ]-] Unfinished Business
[~] Presentation
[] New Business
['"[ Other
DESCRIFrIONOF AGENDA ITEM (att~h additional ~ and supportin~ doaunentat/on if ~cassary)
Intedocal A~eement with Palm Beach County for financ/al a.~istance for improvements to Gateway
Boulevard from seacrest Boulevard to the FEC Railroad.
RECOMMENDATION
Consideration and approval by City Commission.
De~'~[~ Head s Si~am
LEGAL
Depammmt Name-
S:~I~FORMS~OENDA
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and consists
construction
improvements.
of the design, right-of-way acquisition, and
in order to- provide the following types of
From N. E. 1st Lane to N. E. 4th Streets
a)
c)
d)
e)
f)
g)
h)
From N. E. 4th
,Railroad~
a three-lane (center left turn lane) section where
appropriate
right turn lanes where appropriate
paved shoulders/bike lanes
sidewalks
drainage
striping
signing
landscaping and irrigation installation (not to
exceed a maximum of $50,000)
Street to the west property line of the FEC
the above items are desirable but will be subject
to evaluation for design feasibility due to the
unique nature of this block with -the CITY's
co--unity hall in the median.
From Seacrest Boulevard to N. E. 1st Lane:
~esign,
i) pavement resurfacing, and restriping
The CITY agrees to be responsible for accomplishing the
right-of-way acquisition, and construction of the PROJECT
to County approved standards by July 1, 1999. If no right-of-way
ac~isition is required,-it, is the CITY's and the COUNTY's goal to
complete, this project by DeCember 31,.~997,
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~TEWAY BOULEVARD FII~NCZ~ ~SZST~ A~M~NT ~ · ~
3. The COUNTY agrees, subject to budget, to reimburse the
CITY for the CITY's costs of the PROJECT as defined in Paragraph 1,
excluding CITY staff costs but including consultant costs, in an
amount not to exceed
DOLLARS ($750,000.00).
SEVEN HUNDRED FIFTY THOUSAND and 00/100
Toward this end, the COUNTY agrees~-~o
program these reimbursement funds in the 1996/97 fiscal year of ....
five year road program.
4. The CITY agrees that the CITY, not the COUNTY, is
responsible for any PROJECT costs in excess of the $750,000 amount
in Paragraph 3.
5. The CITY agrees to provide CITY staffing for the general
technical and administrative management of the PROJECT. This
staffing is not a reimbursable PROJECT cost under this agreement.
6. The CITY agrees to solicit comments on the PROJECT from
the County Engineer on the master plan prior to beginning design
plans 'and at the 35%, 65%, 95%, and 100% level of design p~
completion, in order to assist the CITY, the COUNTY agrees to
provide a substantial thoroughfare design review at the 35%, 65%
95%, and 100% level of plans completion. This review shall be done
within 30 days of a complete submittal to the COUNTY's Roadway
Production office.
7. The CITY agrees to continue to maintain Gateway
Boulevard, from Seacrest Boulevard to US1, as a City Street for a
minim,,m of ten (10) years from the date of the execution of this.
' agreement.
8. The CITY .agrees tO continue to be responsible for
street lighting, within =he .PROJECT area.
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The cITY' agrees to be responsible formaintenance of any
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landscaping and irrigation within the PROJECT area.
10. The CITY agrees to assume all responsibility for the
design, bidding, contract preparation, and contract administration
of all projects, including payment(s) to contractor(s) pursuant to
all applicable state laws and CITY regulations.
11. The CITY shall be solely responsible for obtaining and
complying with all necessary permits, approvals, and authorizations
required for the construction and subsequent maintenance of the
PROJECT from any federal, state, regional, or municipal agency.
12. The CITY shall submit monthly invoices to the COUNTY,
which will include a reference to this Agreement, identify the
project, include the CITY's total monthly expenditure for the
PROJECT, and identify the amount, due and payable to the CITY..
Invoices shall be itemized in sufficient detail for pre-payment
audit thereof and shall be supported bycopiee of the corresponding
paid- Vendor invoices and substantiated proof of payment and
performance. The CITY shall supply any further documentation
deeme~?~necessary by the COUNTY. Invoices received from the CITY
will be reviewed and approved by the County Engineer's Office,
indicating that expenditures have been made in conformitywith this
Agreement end then wi11 be sent to the COUNTY's Finance Department
for final approval and payment. Invoices will normally be paid
within thirty (30) days following approval.
13. The CITY shall maintain adequate records to justify all
charges, expenses, and costs incurred in performing the work for at
least three (3) years after-~ompletion of ~he projects. The COUNTY'
shall have access to all books, 'records~ and documents, as required
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i in this section for the.purpose of inspection or audit during
2 normal, business hours.
3 14. The COUNTY and the CITY agree that no person shall, on
4- the grounds of race, color, sex, national origin, sexual
5 orientation, handicap or religion, be excluded from the benefit~f
6 or be subjected to any form of discrimination under any
7 carried out by the performance of this Agreement. The CITY will
8 ensure that all contracts for the PROJECT executed pursuant to the
9 terms of this Agreement, will contain a similar non-discrimination
and equal opportunity clause governing the contractor's activities.
15. The CITY agrees to use its best efforts to achieve M/WBE
participation and fulfill the intent of the COUNTY's M/WBE
Ordinance when contracting for the design and the construction.
16. The CITY recognizes that it is. an independent contractor
and not an 'agent or servant of the COUNTY or its co--~issioners. In
the event a claim or lawsuit is broUght against the COUNTY,, its
officers, employees, servants or agents, the CITY herebyagrees to
ind~wmify, save, and hold harmless the COUNTY, it 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 relatin~ to the performance or
operation of this A~reement. The CITY a~rees to pay all costs,
attorney's fees, and expenses incurred by the COUNTY, its officers,
employees., servants or agents in connection with such claims,
25 ' liabilities or suits. Furthermore, the CITY stipulates that the
extent of the COUNTY'S liabflity pursuant to this Agreement s 11
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be limitea solely to its payment obl.i~ation.
herein~ however, shall act as a waiver of
Nothing contained
any of the CITY or
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COUNTY's immunities provided for
Statutes. The CITytS aforesaid
in Section 768.28, Florida
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
of the County, or it agents, servants, employees or officers.
17. At all times during the term of any contract between the
CITY and a contractor that is executed for the PROJECT, after
execution of this Agreement and pursuant to its terms, said
contractor shall maintain in force Co~prehensive General Liability
Insurance, Property Damage Insurance, Worker's Compensation
Insurance, and Vehicle Liability Insurance in the amounts required
in the bid documents and requirements prepared by the CITY. The
COUNTY and the CITY shall be named as additional insured parties to
such insurance. The only exceptiOn~to this is Paragraph 7 which
has its own remand which may only be revised by mutual agreement
of both the CITY and the COUNTY.
18. All notices required to be given under this Agreement
shall be ad4ressed to:
between
COUNTY'
Palm Beach County Department of
Engineering and Public Works
Attn: Assistant County Engineer
Post Office Box 21229
West Palm Beach, Florida 33416-1229
City Manager
City of Boynton Beach
Post'Offic~ Box 310
Boynton.Beach, Florida
33425-0310
This' Agreement represents the entire understanding
parties, .and supersedes all other
negotiations,
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representations, or agreement, either written or oral, relating to
the subject matter of this Agreement.
20. In the event that any portion of this Agreement shall be
held invalid for any reason, such invalidity shall not affect the
remaining portions of thisAgreement and the same shall remai:-~in
full force and effect. - ....
21. This Agreement will be governed by all applicable State
and local laws.
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement and it is effective on the date first above written.
CITY OF BOYNTON BEACH,
BY IT CITY COMMISSION
PALM BEACH COUNTY, FLORIDA BY ITS
BOARD OF COUNTY COMMISSIONERS
By:
MAYOR DATE CHAIR DATE
ATTEST:
By:
CITY CLERK DEPUTY CLERK
APPROVED AS TO FORM AND LEGAL SUFFICIENCY:
By: By:
CIT~ATTORNEY COUNTY ATTORNEY
~z \BOARD\~ATE~AY. A~I
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