R18-100 1 RESOLUTION NO. R18-100
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 OF
5 BOYNTON BEACH AND THE BOYNTON BEACH COMMUNITY
6 REDEVELOPMENT AGENCY TO FUND INTERSECTION
7 ENHANCEMENTS ASSOCIATED WITH THE FLORIDA
8 DEPARTMENT OF TRANSPORTATION'S US 1 FEDERAL
9 HIGHWAY PROJECT; AND PROVIDING AN EFFECTIVE DATE.
10 WHEREAS; on May 8, 2018 the Boynton Beach CRA approved the Interlocal
11 Agreement between the City and the CRA to fund intersection enhancements associated with
12 Florida Department of Transportation's US 1/Federal Highway Project; and
13 WHEREAS, the improvements would include more cosmetic items to increase
14 pedestrian safety at the larger or more prominent intersections within the corridor that will not
15 be funded by FDOT; and
16 WHEREAS, the Interlocal Agreement provides for the CRA to reimburse eligible
17 costs as covered by the ILA up to $230,000.00 for improvements to the aesthetics and
18 function of the four Intersections which are within the boundaries of the CRA area, and more
19 specifically, in the Downtown and Federal Highway Corridor Districts.
20 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
21 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
22 Section 1. Each Whereas clause set forth above is true and correct and
23 incorporated herein by this reference.
24 Section 2. The City Commission of the City of Boynton Beach, Florida does
25 hereby approve and authorize the Mayor to sign the Interlocal Agreement between the City of
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26 Boynton Beach and the Boynton Beach Community Redevelopment Agency for CRA funding
27 of intersection enhancements associated with Florida Department of Transportation's US
28 1/Federal Highway Project, a copy of said Interlocal Agreement is attached hereto as Exhibit
29 "A".
30 Section 3. That this Resolution shall become effective immediately upon passage.
31 PASSED AND ADOPTED this 7th day of August, 2018.
32 CITY OF BOYNTON BEACH, FLORIDA
33
34 YES NO
35
36 Mayor— Steven B. Grant
37
38 Vice Mayor—Christina L. Romelus
39
40 Commissioner—Mack McCray
41
42 Commissioner—Justin Katz
43
44 Commissioner—Joe Casello
45
46 VOTE 5 O
47 ATTEST:
48
49
50 -� /a
51 Juditl A. Pyle, CM
�
52 City' lerk
53
54
55 (City Seal)
56
•
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INTERLOCAL AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND THE
BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY FOR THE FUNDING
OF CERTAIN PORTIONS OF THE PROJECT TO IMPROVE THE SPECIFIED
INTERSECTIONS LOCATED WITHIN THE COMMUNITY REDEVELOPMENT
AREA
THIS AGREEMENT("Agreement")is made by and between the CITY OF BOYNTON
BEACH, a Florida Municipal Corporation, ("CITY"), and the BOYNTON BEACH
COMMUNITY REDEVELOPMENT AGENCY, ("CRA") (individually and collectively, the
"Party" or"Parties").
WITNESSETH :
WHEREAS,the 2016 Boynton Beach Community Redevelopment Plan("Plan")calls for
the redevelopment of the Community Redevelopment Area("CRA Area")as described in the Plan;
and
WHEREAS, the CITY and the CRA desire to provide funding for an intersection
improvement project(the"Project")for the intersections of US 1 and: Woolbright Road, E. Ocean
Avenue, E. Boynton Beach Boulevard, and Martin Luther King Jr. Boulevard (collectively, the
"Intersections"); and
WHEREAS, the Intersections are within the boundaries of the CRA Area, and more
specifically, in the Downtown and Federal Highway Corridor Districts; and
WHEREAS,the Project is intended to improve the aesthetics and function of Intersections
and will occur as part of a larger improvement project being undertaken by the Florida Department
of Transportation; and
WHEREAS, the CRA Board finds that this Agreement, and the use of the CRA's funds
for the Project, is consistent with the CRA's Redevelopment Plan and Chapter 163, Florida
Statutes; and
WHEREAS, due to the intended elimination of slum and blighted conditions, and the
beneficial economic impact of the Project,the CRA and the CITY find that this Agreement serves
a municipal and public purpose, and is in the best interest of the health, safety, and welfare of the
CITY of Boynton Beach, including the Community Redevelopment Area.
NOW, THEREFORE, in consideration of the mutual covenants and promises herein
contained, the parties hereby agree as follows:
1. Recitals. The recitations set forth above are hereby incorporated herein.
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2. Obligations of the CRA.
a. The CRA shall provide funding to the CITY in an amount not to exceed Two
Hundred and Thirty Thousand and 00/100 Dollars ($230,000.00), for improvements to the
Intersections consistent with the terms of this Agreement, to be used for reimbursement of certain
eligible costs.
b. The CRA shall make payments to the CITY upon receipt of a written request from
the CITY for payment, which request shall comply with all requirements of this Agreement.
3. Obligations of the CITY.
a. The CITY shall ensure funds provided by the CRA are not used for any purposes
prohibited by § 163.370(3), Florida Statutes, or otherwise prohibited by law.
b. The CITY shall ensure that the Project is designed and constructed in compliance
with the Plan.
c. The CITY shall be responsible for overseeing the Project, coordinating with the
Florida Department of Transportation, and otherwise contracting and coordinating with all other
entities as necessary to effectuate the Project, but shall coordinate with the CRA concerning
compliance with the Plan.
d. Upon request from the CRA, or an authorized agent of the CRA, including the
Executive Director and the CRA Attorney, the CITY shall provide all documents reasonably
requested by the CRA or CRA's agent concerning compliance with this Agreement, specifically
including any documentation concerning compliance Florida Statutes
4. Reimbursement of Funds
a. The CITY shall provide a written request for reimbursement of funds
("Reimbursement Request")to the CRA no later than 45 days after the Project achieves substantial
completion. The request shall include the following information:
i. Evidence the Project has achieved substantial completion as evidenced by a
fully executed Certification of Substantial Completion;
ii. The amount of reimbursement requested;
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iii. A summary of the Project improvements for which the City seeks
reimbursement;
iv. A statement that the Project is in compliance with the Plan and Florida Statutes
and evidence supporting the same.
v. Copies of all invoices, receipts, and any other documentation necessary to
evidence the amount and purpose for each payment made by the CITY for the
Project for which the CITY is seeking reimbursement.
b. The City will only make one Reimbursement Request. No subsequent or additional
requests, even if such requests would otherwise meet the terms of this Agreement, are eligible for
reimbursement.
c. Upon receipt of a Reimbursement Request from the CITY deemed complete as
meeting the requirements of this Agreement,the CRA shall remit funding in the amount requested,
consistent with this Agreement, to the CITY within thirty (30) days of receipt of the
Reimbursement Request.
d. If the CITY fails to submit a Reimbursement Request within 45 days after the
Project achieves substantial completion, the CITY will no longer be eligible to receive any
reimbursement and this Agreement shall terminate. If the CITY submits a Reimbursement Request
that the CRA deems incomplete,the CRA shall notify the City in writing. The City shall have 30
days from receipt of the notice to provide the necessary documentation to complete the
Reimbursement Request. If the City fails to provide the documentation required by the CRA
within 30 days, the City shall only be eligible for the portion of the Reimbursement Request, if
any, that the CRA deems complete and eligible. The CRA will not reimburse the City for any
portion of the request the CRA deems ineligible for reimbursement.
5. Limits of CRA Obligations for the Project. The Parties agree that the CRA shall only be
responsible to the CITY for providing reimbursement for eligible expenses for the Project,and shall
not otherwise be responsible for effectuating the Project.
6. Indemnification. The CITY shall indemnify, save,and hold harmless the CRA, its agents,
and its employees from any liability, claim, demand, suit, loss, cost, expense or damage which
may be asserted, claimed, or recovered against or from the CRA, its agents, or its employees, by
reason of any property damages or personal injury, including death, sustained by any person
whomsoever, which damage is incidental to, occurs as a result of, arises out of, or is otherwise
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related to the negligent or wrongful conduct of persons or the faulty equipment (including
equipment installation and removal) associated with the Project. Nothing in this Agreement shall
be deemed to affect the rights, privileges, and sovereign immunities of the CRA or the CITY as
set forth in Section 768.28, Florida Statutes. This paragraph shall not be construed to require the
CITY to indemnify the CRA for CRA's own negligence,or intentional acts of the CRA, its agents
or employees. Each party assumes the risk of personal injury and property damage attributable to
the acts or omissions of that party and its officers, employees and agents.
7. Term of the Agreement. This Agreement shall become valid and commence upon
execution by the last Party to this Agreement, and unless earlier terminated pursuant to this
Agreement, shall terminate after the CRA reimburses the CITY for the Project. In no case shall
the CRA be required to reimburse the CITY for any requests submitted after the CRA reimburses
the City, or after this Agreement is terminated. The term of the Agreement may be extended only
upon the execution of a written amendment signed by the CITY Council and the CRA Board.
Nothing in this paragraph shall be construed so as to affect a Party's right to terminate this
Agreement in accordance with other provisions in this Agreement.
8. Records. The CITY and the CRA each shall maintain their own records and documents
associated with this Agreement in accordance with the requirements set forth in Chapter 119,
Florida Statutes. All such records shall be adequate to justify all charges, expenses, and costs
incurred in accordance with generally accepted accounting principles. Each Party shall have
access to the other Party's books, records and documents as required in this Agreement for the
purpose of inspection or audit during normal business hours during the term of this Agreement and
at least 1 year after the termination of the Agreement.
9. Filing. The CITY shall file this Interlocal Agreement pursuant to the requirements of
Section 163.01(11) of the Florida Statutes
10. Default. If either Party defaults by failing to perform or observe any of the material terms
and conditions of this Agreement for a period of ten (10) calendar days after receipt of written
notice of such default from the other Party, the Party giving notice of default may terminate this
Agreement through written notice to the other Party. Failure of any Party to exercise its right in
the event of any default by the other Party shall not constitute a waiver of such rights. No Party
shall be deemed to have waived any rights related to the other Party's failure to perform unless
such waiver is in writing and signed by both Parties. Such waiver shall be limited to the terms
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specifically contained therein. This section shall be without prejudice to the rights of any Party to
seek a legal remedy for any breach of the other Party as may be available to it in law or equity.
11. No Third Party Beneficiaries. Nothing in this Agreement shall be deemed to create any
rights in any third parties that are not signatories to this Agreement.
12. Compliance with Laws. The CITY and the CRA shall comply with all statutes, laws,
ordinances, rules, regulations and lawful orders of the United States of America, State of Florida
and of any other public authority which may be applicable.
13. Entire Agreement. This Agreement represents the entire and sole agreement and
understanding between the Parties concerning the subject matter expressed herein. No terms
herein may be altered, except in writing and then only if signed by all the Parties hereto. All prior
and contemporaneous agreements, understandings, communications, conditions or
representations, of any kind or nature, oral or written, concerning the subject matter expressed
herein, are merged into this Agreement and the terms of this Agreement supersede all such other
agreements. No extraneous information may be used to alter the terms of this Agreement.
14. Severability. If any part of this Agreement is found invalid or unenforceable by any court,
such the remainder of the Agreement shall continue to be binding upon the Parties. To that end,
this Agreement is declared severable.
15. Governing Law and Venue. The terms of this Agreement shall be governed by, and
construed and enforced in accordance with, the laws of the State of Florida and the United States
of America, without regard to conflict of laws principles. Any and all legal actions necessary to
enforce the terms of this Agreement shall be conducted in the Fifteenth Judicial Circuit in and for
Palm Beach County, Florida, or, if in federal court, in the United States District Court for the
Southern District of Florida,to which the Parties expressly agree and submit.
16. No Discrimination. Parties shall not discriminate against any person on the basis of race,
color, religion, ancestry, national origin, age, sex, marital status, sexual orientation or disability
for any reason in its hiring or contracting practices associated with this Agreement.
17. Notice. Whenever either Party desires to give notice to the other, such notice must be in
writing and sent by United States mail, return receipt requested, courier, evidenced by a delivery
receipt,or by overnight express delivery service,evidenced by a delivery receipt, addressed to the
Party for whom it is intended at the place last specified; and the place for giving of notice shall
remain until it shall have been changed by written notice in compliance with the provisions of this
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paragraph. For the present, the Parties designate the following as the respective places for giving
of notice.
a. CITY: Lori LaVerriere, CITY Manager
CITY of Boynton Beach
100 E. Boynton Beach Boulevard
Boynton Beach, FL 33435
b. CRA: Michael Simon, Executive Director
Boynton Beach CRA
710 N. Federal Highway
Boynton Beach, Florida 33435
c. Copies To: James A. Cherof
Goren, Cherof, Doody& Ezrol, P.A.
3099 East Commercial Boulevard, Suite 200
Fort Lauderdale, Florida 33308
Tara Duhy,Esquire
Lewis, Longman& Walker, P.A.
515 North Flagler Drive, Suite 1500
West Palm Beach, Florida 33401
18. No Transfer. The Parties shall not, in whole or in part, subcontract, assign, or otherwise
transfer this Agreement or any rights, interests, or obligations hereunder to any individual,
group, agency, government, non-profit or for-profit corporation, or other entity without first
obtaining the written consent of the other Party.
19. Interpretation; Independent Advice. This Agreement shall not be construed more strictly
against one Party than against the other merely by virtue of the fact that it may have been
prepared by counsel for one of the Parties. The Parties declare that the terms of this Agreement
have been read and are fully understood. The Parties understand that this is a binding legal
document, and each Party is advised to seek independent legal advice in connection with the
matters referenced herein.
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Approved as to Form: BOYNTON BEACH COMMUNITY
REDEVELOPMENT AGENCY
r,
By:
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Office of the CRA Attorney Steven B Gr t, Chair
Date: (o//z. /�
00986798-1
Approved s t Form: BOYNTON BEACH COMMUNITY
REDEVELOPMENT AGEN 'Y
Ara/4— ("1
By:
Office of the CRA Attorney Steven .(;r t,Chair
Date:
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20. Counterparts and Transmission. To facilitate execution, this Agreement may be executed
in as many counterparts as may be convenient or required, each of which shall be deemed an
original, but all of which together shall constitute one and the same instrument. The executed
signature page(s) from each original may be joined together and attached to one such original
and it shall constitute one and the same instrument. In addition, said counterparts may be
transmitted electronically(i.e.,via facsimile or.pdf format document sent via electronic mail),
which transmitted document shall be deemed an original document for all purposes hereunder.
21. Survival.The provisions of this Agreement regarding indemnity,waiver,and termination,and
records shall survive the expiration or termination of this Agreement and remain in full force
and effect.
22. Time is of the Essence. The parties acknowledge that time is of the essence in the performance
of the provisions in this Agreement.
23. Attorney's Fees. If any action at law or in equity is necessary to enforce or interpret the terms
of this Agreement, the prevailing party shall be entitled to reasonable attorney fees, expenses,
and costs, including those at the appellate level, in addition to any other relief to which it may
be entitled.
IN WITNESS WHEREOF,the CITY and the CRA hereto have executed this Agreement
as of the later of the dates set forth below.
ATTEST: CITY OF BOYNTON BEACH,
a Florida municipal corporation
By:
J ith Pyle, CITY lerk Steven B. Grant, Mayor
Approved as to For Date: JP'01.2-/ 1'
(SEAL)
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Office of the CIT "ttorney
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