R93-132RESOLUTION NO. R93-/~
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING
THE MAYOR AND CITY CLERK TO EXECD~E AN
AGREEMENT BETWEEN PALM BEACH COUNTY AND THE
CITY OF BOYNTON BEACH FOR THE FUNDING OF ROAD
IMPROVEMENTS FOR OLD BOYNTON ROAD FROM
MILITARY TRAIL TOKNUTH ROAD; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, on July 29, 1991, the City executed an agreement
with Palm Beach County regarding the contracting of water main
improvements concurrent with roadway improvements planned for Old
Boynto~ Road from Military Trail to Knuth Road; and
W~EREAS,~ the C~ty's portion of this project involves
construction of a 24' water main, pursuant to the City's 1989
Master Plan and funding is available through the Series 1992
Utility Bond Issue;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA THAT:
Section 1. The Mayor and City Clerk are hereby authorized
and directed to execute the attached Agreement (Exhibit "A")
between Palm Beach County and the City of Boynton Beach for the
funding of road improvements for Old Boynton Road from Military
Trail to Knuth Road, which Agreement is attached hereto as Exhibit
Section 2. This Resolution shall take effect immediately
upon passage.
/ day of September, 1993.
PASSED
AND
ADOPTED
this
CITY OF BOYNT~N BEACH, FLORIDA
ATTEST:
Cit~ Clerk
(Corporate Seal)
BoyntonRd. Agr
Util.
8/25/93
AGREEMENT BETWEEN PALM BEACH COUNTY AND
THE CITY OF BOYNTON BEACH
FOR THE FUNDING OF ROAD IMPROVEMENTS FOR
OLD BOYNTON ROAD FROM MILITARY TRAIL TO KNUTH ROAD
PALM BEACH COUNTYt FLORIDA
PALM BEACH COUNTY PROJECT NO.88504
THIH AGREEMENT, made a~d entered into this day
199_, by and between PALM BEACH COUNTY, a political
subdivision in the State of Florida, herein referred to as
ttCOUNTY~ and the CITY OF BOYNTON BEACH, a municipality in the
State of Florida, herein referred to as the - CITY-,
wi TNE S S ETM :
w~RF~, the CITY desires to jointly participate in
the construction and adjustments for water distribution system
and conflict resolution within the right-of-way of Old Boynton
Boulevard from Military Trail to Knuth Road in conjunction with
the COUNTY,S roadway construction improvements of Old Boynton
Boulevard from Military Trail to Knuth Road~ and
~ltE~, Florida Statutes, Section 163.0~, allows
governmental units to make the most efficient use of their
powers by enabling them to cooperate on a basis of mutual
advantagey and
W~RE~S, the execution of this agreement is in the
best interest of both governmental units by promoting efficient
utillty oonstructiou along the Old Boynton Road right-of-way
referred to previously~
NON, 'r~REFORE, for and in consideration of the mutual
covenants contained herein, the Parties to this Agreement agree
as follows:
~' AGR~T WITH 'r~ CITY OF BOY, TON B~a~
1. The agreement between the COUNTY and the CITY for the
Joint Funding Improvements to Old Boynton
1992 and attached hereto (Attachment ~tA~w)
reference and made part of this agreement.
Road dated May 26,
is incorporated by
2. The CITY agrees to pay directly to the COUNTY Costs
attributable to said utility construction as outlined in the
Specifications for this project
$ 257,851.00
(Attachment wwBIw)
work.
4. Said costs shall be
the project using as constructed
Said summation of costs is stated in the amount of
in accordance with the attached bid tabulatlon
and s~mmary (Attachment ,,C,,) for the specified
adjusted upon completion of
quantities, said quantities
being measured by the Palm Beach County Engineering and Public
I Works Department.
5. The CITY agrees to fund those contributions set
II forth in Paragraphs I through 4 above within thirty (30) days of
receiving written notice from the COUNTY that funding is
required.
5. The COUNTY is to be responsible for administering
the funds in accordance with the Agreement.
6. The CITY is to be responsible for, and agrees to
provide or cause to be performed all inspection services during
construction of and final certification for the aforementioned
utility systems.
AGREEMENT NTH '&'~ CITY OF BO~NTON BEACH
7. In the event that additional work and funding is
required, the additional cos~ attributable to said utility
construction as outlined in the speclfloations for this project
is the responsibility of the CITY. In the event of an under run
attributable to said utility construction as outlined in the
specification, the CITY will be credited the excess amount.
8. All provisions of this Agreement calling for the
expenditure of ad valorem tax money by either COUNTY or CITY are
subject to annual budgetary funding and should either Party
involuntarily fail to fund any of their respective obligations
pursuant to this Agreement, this Agreement may be term/hated.
9. Any and all notices required or permitted to be
given hereunder shall be deemed received three (3) days after
same are deposited in U.S. Mail sent via certified mail, return
receipt requested.
All notice to the CITY OF BOYNTON BEACH shall be sent
C~ty of Boynton Beach
124 E. Woolbright Road
Boynton Beach, FL 33425-0310
ATTN: Mr. John Guidry, Director
Public Utilities
All notice to the County shall be sent to:
George T. Webb, P.E., County Engineer
Engineering and Public Works Department
P.O. Box 21229
West Palm Beach, FL 33416
ATTN: Roadway Production
3
A~REEMEI~T NITH 'r~us C'rTY OF BOY, TON BF~CH
IN WITNESS w~REOF, the Parties unto this Agreement
have sat their hands and seals on the day and date first written
above.
CITY OF BOYNTON BEACH
PALM BEACHCOUNT¥,FLORIDA BY
ITS BOARD OF COUNTY
COMMISSIONERS
Mayor (DATE)
BY:
(DATE)
ATTEST:
- ( DAT~. )
APPROVED AS TO FORM ~ LEGAL
SUFFICIENCY:
/
BY ~/
BEACH
ATTEST:
DOROTHY T. WILKEN, CLERK
BY:
(DATE)
APPROVED AS TO FORM ANDLEGAL
SUFFICIENCY:
BY:
COUNTY ATTORNEY
tli h:LROADWAY~AGRMr/~8\88504.2B B
4
AI~£ACH~NT
Called
ERAcR,
Called
AGR~EMBN? BRT~REN TflR CITy OF BOYNTON
AND BRACH
PALM REAC!! COUNTyt FLORIDA
FOR JOINT PROJECT PARTICIPATION IN CONSTRucTION
OF OLD ROYNTON ROAD FROM
MILITARy TRAIL TO ENUTM ROAD
PALM REACH COUNTyt FLORIDA
PALM REACH COUNTy PROJECT NO. serb4
TNIB ~GRBBNEN~, made and entered into this_____~___day
of ~AY ~ ~1~ lggt, by and bet.cea the COUNTy OF PALM BRACM,
a PolitiCal SUbdivision of the 8tote of Florida, hereinafter
and referred to as the "COUNTY. and the CITy OF BOYNToN
a municiPality in the State of Florida, hereinafter
and referred to as the "CITy.,
~NEREAB, the CITy and the COUNTy are au
Into this agreement -ute thorized to enter
Btatutes, as amended, ,~ehuantito..z Perm t Beet/on 163.01,
Florida
s local governmental units to
2~/Perate "ith °they l°calittes on a basis of mutual advantage/
caused to be Prepared rOadway
construction plans and
specifications for improving Old Boynton
Road from Nilitary Trail to Enuth Roadl and
R~EIZBAB, the CITy has caUSed to
construction plans and specifications for be Prepared utilitY
sewage COllection and/or transmiSSion water diatributioB~
aforementioned systems for
portion of Old Roynton ROad which will serve
POrtions of its service area~ and
RMBRRAB, both the CITy and the COUNTy declare that it
is in the public interest that the water distribution~ sewage
COllection and/or transmission systems be coystrUoted With the
aforementioned Old Boynton Road improvements, and
NII~flEAS, the CITy has budos '
in constrUCtion of the wa~ .... . ted funds for OOoperatto~
of Cid BoYnton Road; and ~ ne authorized Service section
construction of the water distribution, sewage collection and/or
transmission systems which benefit the CITy; and
W~BRBaS, the CITy Will perform all in~pections, testing
and certifications required for the Water diet
collection and/or transmiesi ribution, sewage
on systems to insure compliance With
their specifications and permits~
COVenantsOW,N THBRBFoRE, for and in °onsideration of the mutual
contained herein, the Parties to this ~ re
as follows: g ement agree
The recitals set fOrth above are hereby adopted and
incorporated in this agreement.
2. The COUNTy agrees
Advertise for bids,
review, and award · con~raot for the construction
of Old Boynton Road
diStributions, sewage
transmission systems Which
CITy.
submit bids to the CITy for
improvements, water
COllection and/or
are to be owned by the
Administer the above Contract and administer the
funds in accordance With this Agreement.
0
aTTACHMENT "A"
Supply the CITy with a contract audit in
accordance with standard accounting procedures
Which reflect tOtal, final costs ~f the Water
distribution, sewage collection and/or
transmission systems, Upon oomp~etion of this
PrOject.
The CITY agrees
Use a professional engineer selected by the CITy
to prepare design plans for t~e construction of
the Water distribution, Sewage collection and/or
transmission systems and obtain all necessary
permits for the project.
Pay the costs of engineering Services to
accomplish design plans for the construction of
the water distribution, sewage Collection and/or
transmission systems for the project.
Provide or cause to be performed all inspection
services for the construction of the water
distribution, sewage collection and/or
transmission systems during construction of and
final certification for the-afor~mentioned Water
and sewer systems.
To the extent that the CITy is charged With design
for the construction of
the water distribution,
sewage Collection and/or transmission systems of
the Pro, eot, the CITy agrees to be responsible for
any and all liability With regard t~ its
performance of the requiremen~s of this agreement.
3
®
To oontrSbute and to £Or~ard to' the COUNTy the
funding for the actual costs of
construction of
the water distribUtion, Sewage collection and/or
transm~ssion systems.
Contributions and funding
for the cost of SUch construction-shall be Paid by
the CITy as SUch costs accrue and Within 30 days
after a bill £or same has been sent b~ the COUNTy
to the CITy.
Both the COUNTy and the CI?y agree to pay to the other
SUch funds as are indicated ~n the' f~nal audit set
forth In Paragraph 2 (C) above, which Will balance
accounts between the parties.
This Agreement shall be eXecUted in triplicate and the
COUNTy shall retain two (2) and the CITy shall retain
one (1) copy. All shall be considered an Original.
~ny and all notices required or permitted to be given
here Under shall be deemed received five ~$~ days after
same are deposited in U.8. Hail sent Via oertAf~ed
mail, return receipt requested.
notices to the CITy shall be sent
The City of Boynton Beach
105 E. Boynton BeaCh Boulevard
P.o. Bo~
Boynton Beach, F~ 33425-0310
ATTH~ ~ohn &. OUidry, Director of Utilities
notices to the COUNTy Shall be Bent
~eorge T. Webb, P.E., County Engineer
Engineering and Public Depar~men2
P.o. Box 21229 ~orke
West Palm Beach, FL 33416
ATTN~ Roadway Production
ATTACHMENT "A"
IN WITNESS WHRRBOF, the County of p
has Caused.this' Agreement to' SXgned' by the O aim Beaoh, Florida.
of C~unty CommissiOners anA ~_ _ hatrman of the Board
ereto and a~teS~ed by the -- ard to be a££~xed
uzerk ~f said Board, PUrsuant to
authority granted by said Board, a~d the CITy
Agreement to be Signed in i- has oaussd th~e
cs name by ~ts chairman and ~ts seel
to be affixed hereto, attested by ~ts seoretar
~ea~ f~rst above written. Y, the date and
CITy OF BOYNTON BEACH
IT8 BOARD OF COUNTy
,~£.t~.ne WeXner, ~yor D~T~
ATTEST ~
-' ,/z;/H
APPROVED AS TO FORM AND
L~--~AL SUFFici m. NCy: