HomeMy WebLinkAboutR26-180 RESOLUTION NO. R26-180
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON
2 BEACH, FLORIDA, APPROVING THE INTERLOCAL AGREEMENT FOR
THE INSTALLATION AND MAINTENANCE OF DECORATIVE ART WRAP
4 ON TRAFFIC SIGNAL CONTROL CABINETS BETWEEN THE CITY AND
5 PALM BEACH COUNTY; AND FOR ALL OTHER PURPOSES.
6
WHEREAS, per the Interlocal Agreement between Palm Beach County (the "County") and
8 the City of Boynton Beach (the "City") providing for Certain Traffic Control Authority within the
9 City of Boynton Beach by Palm Beach County, dated May 7, 2024 (R2024-0425), the County
l0 maintains and operates traffic signals, including the traffic signal control cabinets, within the City's
I 1 municipal limits; and
12 WHEREAS, the City wishes to affix decorative art wrap (WRAP) on County-maintained
13 traffic signal control cabinets located within the City's municipal limits (Signal Cabinets); and
14 WHEREAS, the placement of WRAP on Signal Cabinets integrates civic art with public
i s infrastructure; and
16 WHEREAS, the County believes that the efforts by the City to integrate civic art with public
17 infrastructure serve a public purpose and enhance the appearance of the right-of-way adjacent
18 to public roads; and
19 WHEREAS, the City Commission, upon the recommendation of staff, has deemed it in the
20 best interests of the City's citizens and residents to approve the Interlocal Agreement for the
21 Installation and Maintenance of Decorative Art Wrap on Traffic Signal Control Cabinets between
22 the City and Palm Beach County.
23
24 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON
25 BEACH, FLORIDA, THAT:
26 SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
27 being true and correct and are hereby made a specific part of this Resolution upon adoption.
28 SECTION 2. The City Commission of the City of Boynton Beach, Florida, does hereby
29 approve the Interlocal Agreement for the Installation and Maintenance of Decorative Art Wrap on
30 Traffic Signal Control Cabinets between the City and Palm Beach County (the "Agreement"), in
31 form and substance similar to that attached as Exhibit A.
RESOLUTION NO. R26-180
32 SECTION 3. The City Commission of the City of Boynton Beach, Florida, hereby
33 authorizes the Mayor to execute the Agreement. The Mayor is further authorized to execute any
34 ancillary documents required under the Agreement or necessary to accomplish the purposes of
35 the Agreement, including any term extensions as provided in the Agreement, provided such
36 documents do not modify the financial terms or material terms.
37 SECTION 4. Upon execution of the Interlocal Agreement, the City Clerk shall provide
38 the three (3) original signed Interlocal Agreements to Luiza Pessoa Guazzelli, Planning and
39 Development Engineer III.
40 SECTION 5. Luiza Pessoa Guazzelli, Planning and Development Engineer III, is hereby
41 directed and authorized to take all actions necessary to transmit the Agreement to Palm Beach
42 County for the County's consideration, execution, and recording. Luiza Pessoa Guazzelli shall
43 prepare and transmit three (3)original executed copies of the Interlocal Agreement to Palm Beach
44 County, together with a formal transmittal letter identifying the nature of the Agreement and
45 requesting placement on the Board's agenda for consideration and execution. Upon receipt of
46 the recorded Interlocal Agreement back from Palm Beach County, Luiza Pessoa Guazzelli shall
47 ensure a copy is provided to Rismerling Gomez in the City Attorney's office and the City Clerk.
48 SECTION 6. This Resolution shall take effect in accordance with the law.
49 [SIGNATURES ON THE FOLLOWING PAGE]
50
RESOLUTION NO. R26-180
51 PASSED AND ADOPTED this (p day of 0 c 4c o o r 2026.
52 CITY OF BOYNTON BEACH, FLORIDA
53 YES NO
54 Mayor- Rebecca Shelton CA—NCL5
55
56 Vice-Mayor-Thomas Turkin V
57
58 Commissioner-Angela Cruz v
59
60 Commissioner- Mack McCray ✓
61
62 Commissioner-Aimee Kelley ✓
63
64 VOTE _.L.4:31
65 ATTEST:
66
67 C/►�, `i
68 Tammy Stan lone, CMC Rebecca Shelton
69 City Clerk _ Mayor
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72 (Corporate Seal) h-; SEAL • +°
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75 '%% • Shawna G. Lamb
76 `'�.��OR\OP City Attorney
INTERLOCAL AGREEMENT FOR THE INSTALLATION AND MAINTENANCE OF
DECORATIVE ART WRAP ON TRAFFIC SIGNAL CONTROL CABINETS BETWEEN
PALM BEACH COUNTY AND THE CITY OF BOYNTON BEACH.
THIS INTERLOCAL AGREEMENT (AGREEMENT) is made and entered into this
day of , 2026, by and between PALM BEACH COUNTY, a
political subdivision of the State of Florida, by and through its Board of County Commissioners
(COUNTY), and the City of Boynton Beach, a municipal corporation of the State of Florida
(CITY)(individually Party and collectively Parties).
WITNESSETH:
WHEREAS, per the Interlocal Agreement between Palm Beach County and the City of
Boynton Beach Providing for Certain Traffic Control Authority within the City of Boynton Beach
by Palm Beach County, dated May 7, 2024 (R2024-0425) the COUNTY maintains and operates
traffic signals, including the traffic signal control cabinets, within the CITY's municipal limits;
and
WHEREAS, the CITY wishes to affix decorative art wrap (WRAP) on COUNTY
maintained traffic signal control cabinets located within the CITY's municipal limits (SIGNAL
CABINETS); and
WHEREAS, the placement of WRAP on SIGNAL CABINETS integrates civic art with
public infrastructure; and
WHEREAS,the COUNTY believes that the efforts by the CITY to integrate civic art with
public infrastructure serve a public purpose and enhances the appearance of right of way adjacent
to public roads; and
WHEREAS,the COUNTY and the CITY wish to enter into an AGREEMENT to establish
the criteria and requirements associated with the installation and maintenance of WRAP on
SIGNAL CABINETS.
NOW, THEREFORE, in consideration of the mutual representations, terms, and
covenants contained herein, the parties hereto agree as follows:
1. The above recitations are true and correct and incorporated herein.
2. The CITY will present the WRAP to the COUNTY for its review and approval. The
CITY assumes full responsibility for the content of the WRAP and shall follow the
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recommendations of the COUNTY. Advertising shall not be permitted on the WRAP under any
circumstances.
3. The Parties acknowledge that the WRAP covered by this AGREEMENT was installed
on the SIGNAL CABINETS prior to the Effective Date of this AGREEMENT. For any future or
replacement installation of WRAP on SIGNAL CABINETS,the CITY will provide the COUNTY
with ten(10)calendar days-notice, prior to the installation of WRAP on SIGNAL CABINETS.
4. WRAP shall be installed in such a manner as to not interfere with the operation and
maintenance of the SIGNAL CABINETS.
5. WRAP shall be installed in such a manner as to not obstruct the access and ventilation
of the SIGNAL CABINETS,including but not limited to the hinges,lock mechanism,door handle
and cabinet vents.
6. WRAP shall comply with all applicable standards and regulations, including but not
limited to, the Florida Department of Transportation Design Manual, as amended.
7. The COUNTY is not responsible for damage to WRAP caused by the COUNTY'S
operations or maintenance in or around the SIGNAL CABINETS.
8. WRAP shall he made of quality vinyl material and ink, shall be graffiti and sticker
resistant, and removable.
9. The CITY is solely responsible for all costs associated with installation, maintenance,
replacement and removal of WRAP.
10. The CITY is solely responsible for restoring the SIGNAL CABINET to its original
condition.
11. The COUNTY shall have the right to remove or request that the CITY remove the
WRAP. When feasible,the COUNTY will provide the CITY thirty(30)calendar days-notice that
WRAP must be removed by the CITY at its own expense.
12. Under no circumstances shall the COUNTY incur any cost related to the WRAP.
13. Should the COUNTY remove the WRAP under any circumstance, the CITY shall be
responsible for all costs.The COUNTY will forward any and all costs associated with the removal
of the WRAP to the CITY.The CITY will not be permitted to install any additional WRAP on any
SIGNAL CABINETS until any and all outstanding costs have been reimbursed to the COUNTY.
14. This AGREEMENT may be canceled by the COUNTY or the CITY for any reason
after sixty (60) days written notice has been provided to the other party. Upon receipt of written
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notification, all WRAP will be removed from SIGNAL CABINETS and the COUNTY shall be
relieved of any further obligation.
15. Insurance. Without waiving the right to sovereign immunity as provided by Section
768.28, Florida Statutes, (STATUTE), the CITY represents that it is self-insured with coverage
subject to the limitations of the STATUTE, as may be amended. If the CITY is not self-insured,
then CITY shall, at its sole expense, maintain in full force and effect at all times during the term
of this AGREEMENT, liability coverage with limits not less than those contained in the
STATUTE. Should the CITY purchase excess liability coverage, the CITY agrees to include the
COUNTY as an Additional Insured. The CITY agrees to maintain coverage or to be self-insured
for Workers' Compensation in accordance with Chapter 440, Florida Statutes. Should the CITY
contract with a third party(CONTRACTOR)to perform any service related to the AGREEMENT,
the CITY shall require the CONTRACTOR to provide the following minimum insurance:
a. Commercial General Liability insurance with minimum limits of$1,000,000 combined
single limit for property damage and bodily injury per occurrence and $2,000,000 per
aggregate. Such policy shall be endorsed to include the CITY and the COUNTY as
Additional Insureds. The CITY shall also require that the CONTRACTOR include a
Waiver of Subrogation against the COUNTY.
b. Business Automobile Liability insurance Liability insurance at a limit of liability not less
than $500,000 each accident with minimum limits of$1,000,000 combined single limits
for property damage and bodily injury per occurrence.
c. Workers' Compensation coverage in compliance with Chapter 440, Florida Statutes. Such
policy shall include coverage for Employer's Liability.
d. When requested,the CITY shall provide an affidavit or Certificate of Insurance evidencing
insurance or self-insurance. Compliance with the foregoing requirement shall not relieve
the CITY of its liability obligations under this AGREEMENT.
16. Notices. All notices or inquiries required or allowed by this AGREEMENT shall be
delivered in person or mailed by Certified Mail,Return Receipt Requested,with sufficient postage
affixed, to the party to whom such notice is to be given. Notices are to be sent to the following
locations:
As to the activities of the COUNTY and CITY:
PALM BEACH COUNTY: Palm Beach County Engineering and Public Works Department
Attn: Motasem A. Al-Turk,Ph.D.,P.E.
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Traffic Division Director
P.O.Box 21229
West Palm Beach, FL 33416-1229
With a copy to: Palm Beach County Attorney's Office
Attn: Yelizaveta B.Herman
Assistant County Attorney
P.O. Box 1989
West Palm Beach,FL 33416-1229
CITY: City of Boynton Beach Planning&Development, Engineering
Attn: William Leidy
Division Director,Engineering
P.O. Box 310
Boynton Beach,FL 33425
with a copy to:
Shawna G. Lamb,City Attorney
City of Boynton Beach
P.O. Box 310
Boynton Beach, FL 33425
Telephone: (561)742-6010
Facsimile: (561)742-6090
17. Severability., In the event that any section, paragraph, sentence, clause, or provision
hereof be 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.
18. Entire Agreement. This AGREEMENT represents the entire understanding between
the parties, and supersedes all other negotiations, representations, or agreements, written or oral,
relating to this AGREEMENT.
19.Legal Fees.,Any costs or expenses including reasonable attorney's fees associated with
the enforcement of the terms or conditions of this AGREEMENT shall be borne by the respective
parties.
20. Venue. This AGREEMENT shall be governed by and in accordance with the laws of
the State of Florida. Any legal action necessary to enforce this AGREEMENT shall be held in
Palm Beach County. No remedy herein conferred upon any party is intended to be exclusive of
any other remedy and each and every such remedy shall be cumulative and shall be in addition to
every other remedy given hereunder or now or hereafter existing at law or in equity by statute or
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otherwise.No single or partial exercise by any party of any right,power or remedy hereunder shall
preclude any other or further exercise thereof.
21. Records.The CITY shall maintain books,records and documents to justify all charges,
expenses and costs incurred under this AGREEMENT.
22. Indemnification. The CITY shall protect, defend, reimburse, indemnify and hold the
COUNTY, its agents, employees and elected officers free and harmless from and against any and
all claims, liability,expenses, losses, costs, fines and damages or causes of action of every kind or
character including attorney's fees, whether at trial or appellate levels or otherwise arising during
and as a result of the CITY's performance of the terms of this AGREEMENT or due to the acts or
omissions of the CITY.The CITY's aforesaid indemnity and hold harmless obligations shall apply
Y
to the fullest extent permitted by law. Notwithstanding the foregoing, nothing set forth in this
paragraph shall constitute a waiver of sovereign immunity beyond the limits set forth at Section
768.28, Florida Statutes. This paragraph shall survive the expiration or termination of this
AGREEMENT.
23.Non-Discrimination.The Parties agree that no person shall be excluded on the grounds
of race,color,sex,age,national origin,disability,religion,ancestry,marital status,familial status,
sexual orientation, or genetic information from the benefits of or be subjected to any form of
discrimination under any activity carried out by the performance of this AGREEMENT, as
provided in County Resolution R-2025-0748, as may be amended.
24. Contractual Relationship.The CITY is,and shall be,in the performance of all work,
services and activities under this AGREEMENT an independent contractor and not an employee,
agent or servant of the COUNTY. All persons engaged in any of the work or services performed
pursuant to the AGREEMENT shall at all times in all places be subject to the CITY's sole
direction, supervision, and control.The CITY shall exercise control over the means and manner in
which its employees, agents or contractors perform the work in all respects. The CITY's
relationship and the relationship of its employees, agents or contractors to the COUNTY shall be
that of an independent contractor and not as employees or agents of the COUNTY.
25. Counterparts.This AGREEMENT,including any exhibits referenced herein,may be
executed in one or more counterparts all of which shall constitute collectively but one and the
same. The COUNTY may execute the AGREEMENT through electronic or manual means. The
CITY shall execute the AGREEMENT by manual means only, unless the COUNTY provides
otherwise.
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26. Legal Compliance. The CITY shall abide by all applicable federal, state and local
laws,orders,rules and regulations when performing under this AGREEMENT.The CITY further
agrees to include this provision in all contracts issued as a result of this AGREEMENT.
27. Convicted Vendor List.As provided in Section 287.132-133,Florida Statutes,as may
be amended from time to time, by entering into this AGREEMENT or performing any work in
furtherance hereof, the CITY shall have its contractors certify that their affiliates, suppliers,
subcontractors,and consultants who will perform hereunder,have not been placed on the convicted
vendor list maintained by the State of Florida Department of Management Services within thirty-
six(36)months immediately preceding the date hereof.
28. Preparation of the Agreement. The preparation of this AGREEMENT has been a
joint effort of the parties, and the resulting document shall not, solely as a matter of judicial
constrain,be construed more severely against one of the parties than the other.
29. Assignment. Neither the COUNTY nor the CITY shall assign, sublet, convey or
transfer its interest in'this AGREEMENT without the prior written consent of the other.
30. Amendment. Except as expressly permitted herein to the contrary, no modification,
amendment or alteration in the terms or conditions contained herein shall be effective unless
contained in a written document executed with the same formality and equality of dignity herewith.
Except that either party may from time to time change the address to which notice under this
AGREEMENT shall be given upon three(3)days prior written notice to the other party.
31. Inspector General.The COUNTY has established the Office of the Inspector General
in Palm Beach County Code,Section 2-421 —2-440, as may be amended. The Inspector General's
authority includes but is not limited to the power to review past, present and proposed County
contracts, transactions, accounts and records to require the production of records, and to audit,
investigate, monitor, and inspect the activities of the CITY, its officers, agents, employees, and
lobbyists in order to ensure compliance with contract requirements and detect corruption and fraud.
Failure to cooperate with the Inspector General or interfering with or impeding any investigation
shall be a violation of COUNTY Code, Section 2-421 —2-440 and punished pursuant to Section
125.69, Florida Statutes, in the same manner as a second-degree misdemeanor.
32. Third-Party Beneficiary.No provision of this 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 the
COUNTY and/or the CITY.
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33. Effecti'a Date. This AGREEMENT shall become effective immediately upon the
execution by both parties and upon filing with the Clerk of the Circuit Court of Palm Beach
County, Florida.
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IN WITNESS WHEREOF,the undersigned Parties hereto have executed this AGREEMENT on
the day and year first written above.
(CITY Seal)
ATTEST: CITY of BOYNTON BEACH:
BY: I ze//!1 ' /1'�Z�i `�! BY:
ISignatur (Signature)
Tammy Stanzione, City Clerk Rebecca Shelton, Mayor
APPROVED AS TO FORM AND APPROVED AS TO TERMS
AND LEGAL SUFFICIENCY AND CONDITIONS
BY: aaGBY:
(Signature) (Signature)
Shawna G. Lamb, City Attorney William Leidy, City Engineer
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