R19-165 RESOLUTION NO. R19-165
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
5 OF BOYNTON BEACH AND THE BOYNTON BEACH
6 COMMUNITY REDEVELOPMENT AGENCY FOR
7 REIMBURSEMENT OF FUNDING OF FURNITURE AND
8 RELOCATION SERVICES INTO THE NEW CITY HALL IN AN
9 AMOUNT NOT TO EXCEED $115,000.00; AND PROVIDING AN
is EFFECTIVE DATE.
1i WHEREAS, the Boynton Beach Community Redevelopment Agency (CRA) has
V. budgeted funding for the purchase of furniture and furnishings along with relocation expenses
1: associated with the Agency's relocation into the fourth floor of the new City Hall building; and
WHEREAS, the City has engaged the services of J.C. White, Inc., for the design,
1�
production and installation of all of the new furniture and will be funding the portion being
II constructed for the Boynton Beach CRA office space; and
WHEREAS, the Interlocal Agreement is required for the terms of the funding
reimbursement in an amount not to exceed $115,000.00; and
WHEREAS, the City Commission of the City of Boynton Beach, Florida, upon the
s recommendation of staff,deems it to be in the best interests of the City residents to approve and
Mauthorize the Mayor to sign an Interlocal Agreement with the Boynton Beach Community
Redevelopment Agency to provide funding in an amount not to exceed $115,000.00 for the
reimbursement of funding for furniture and relocation services into the new City Hall.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH,FLORIDA,THAT:
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26 Section 1. Each Whereas clause set forth above is true and correct and incorporated
27 herein by this reference.
28 Section 2. The City Commission of the City of Boynton Beach,Florida does hereby
2� approve and authorize the Mayor to sign the Interlocal Agreement between the City of Boynton
3C Beach and the Boynton Beach Community Redevelopment Agency to provide funding in an
31 amount not to exceed$115,000.00 for the reimbursement of funding for furniture and relocation
3,2 services into the new City Hall,a copy of said Interlocal Agreement is attached hereto as Exhibit
33 "A".
34 Section 3. That this Resolution shall become effective immediately upon passage.
36 PASSED AND ADOPTED this I"/` =day of December, 2019.
3E CITY OF BOYNTON BEACH, FLORIDA
37
3� YES NO
39
4C Mayor—Steven B. Grant tZ
41
4,2 Vice Mayor—Justin Katz _(� }
43
4.4 Commissioner—Mack McCray ✓
45
4b Commissioner—Christina L. Romelus t/
47 /
4.8 Commissioner—Ty Penserga
49
9C VOTE y O
51 ATTEST:
52
54 ir../ 441.0.-...
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59 C stal Gibson, MMC v .'
5E City Clerk .
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55 (Corporate Seal) 1920
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S:\CA\RESO\Agreements\ILA With CRA For Funding For Re{cici01 d Etiiniture-Reso.Docx
W,C) ) 3
INTERLOCAL AGREEMENT BETWEEN THE CITY
OF BOYNTON BEACH AND THE BOYNTON
BEACH COMMUNITY REDEVELOPMENT
AGENCY FOR THE FUNDING OF CERTAIN
FURNITURE AND RELOCATION EXPENSES AS
PART OF THE TOWN SQUARE PROJECT
THIS AGREEMENT is made this _ day of f�tw , 2019 by and
between the CITY OF BOYNTON BEACH, a Florida Municipal Corporation, ("City"),
and the BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY,
("CRA"). The CRA and the City may be referred to individually as a "Party" and
collectively as the"Parties."
WITNESSETH:
WHEREAS, the 2016 Boynton Beach Community Redevelopment Plan ("Plan")
calls for the redevelopment of the Cultural District and the Boynton Beach Boulevard
District as those Districts are described in the Plan; and
WHEREAS, the City is undertaking a project known as the Town Square
Redevelopment Project ("Project"), which falls within the CRA boundaries, and more
specifically, in the Cultural District and the Boynton Beach Boulevard District; and
WHEREAS, the CRA is providing funding for certain, specified portions of the
Project; and
WHEREAS,the CRA will be relocating into the new City Hall being built as part
of the Project; and
WHEREAS, the CRA will be terminating its lease at its current location and will
require furniture at its new location within the new City Hall; and
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WHEREAS, the CRA's relocation into the new City Hall and the associated
procurement and installation of furniture for the use by the CRA will occur as part of the
Project; and
WHEREAS, Section 163.387(6)(c)(1), Florida Statutes allows for the payment of
administrative and overhead expenses directly and indirectly necessary to implement the
Plan, into which category the Board has determined that office furniture and relocation
expenses fall; and
WHEREAS, the Project as a whole furthers the CRA's Community
Redevelopment Plan("Plan")because the Project will help prevent and eliminate slum and
blight within the Redevelopment Area, and will provide the opportunity to redevelop the
area within the Project("Project Area")in accordance with the Plan; and
WHEREAS, the CRA is limited by § 163.370(3), Florida Statutes from making
certain expenditures; and
WHEREAS,the CRA desires to reimburse the City for certain expenses related to
the Project that are not prohibited by the Florida Statutes; and
WHEREAS,the CRA Board fmds that this Agreement, and the use of the CRA's
funds to implement a portion of the Project is consistent with the Plan and Florida Statutes;
and
WHEREAS, the CRA and the City find that this funding agreement serves a
municipal and public purpose, furthers the Plan, and is in the best interest of the health,
safety, and welfare of the residents and business owners within the Community
Redevelopment Area;
NOW, THEREFORE, in consideration of the mutual covenants and promises
herein contained,the Parties hereby agree as follows:
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1. Recitals. The recitals set forth above are hereby incorporated herein.
2. Obligations of the CRA. The CRA shall provide funding to the City in an
amount not to exceed $115,000 to be used for reimbursement of costs for furniture and
certain relocation expenses associated with the CRA's relocation into City Hall as part of
the Project,which funds shall not be used for purposes prohibited by § 163.370(3),Florida
Statutes. Upon receipt of a complete, written request from the City meeting the
requirements of this paragraph, the CRA shall make payments to the City upon written
request by the City for the reimbursement of furniture and direct expenses related to
relocation of the CRA into the new City Hall as part of the Project. In order to be deemed
complete, the written request from the City for payment must include copies of receipts
and invoices directly associated with the relocation of the CRA indicating the amount and
the purpose for the payment for which the City is seeking reimbursement. The CRA shall
remit payment to the City within thirty(30) days of receipt of a complete request from the
City.
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. At the same time it submits any request for reimbursement, the City
shall provide a written report to the CRA documenting the status of the
furniture procurement and installation, and those portions of the Project
related to the CRA's relocation.
c. The City shall be responsible for overseeing the Project and contracting
entities as necessary to effectuate the Project, but shall coordinate with
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the CRA concerning furniture procurement and installation, matters
pertaining to the CRA's relocation, and 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 with § 163.370(3), Florida
Statutes.
4. The Parties agree that this Agreement only obligates the CRA to provide
reimbursement for the items and under the terms provided for in this Agreement, and the
CRA shall not otherwise be responsible for effectuating the procurement or installation of
furniture or any other portion of the Project.
5. 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 related to the negligent or wrongful conduct or the faulty
equipment (including equipment installation and removal) of 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 its own negligence,or intentional
acts of the CRA, its agents or employees. Each party assumes the risk of personal injury
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and property damage attributable to the acts or omissions of that party and its officers,
employees and agents.
6. Term of the Agreement. This Agreement shall become valid and
commence upon execution by the last Party to this Agreement, and shall terminate on
December 31, 2020 ("Termination Date"). The CRA shall not be required to reimburse
the City for any requests submitted after the Termination Date. The term of the Agreement
may be extended one time for a period of one year and may only be extended by the
Executive Director and upon the appropriation of CRA funds for intended purposes of this
Agreement in the subsequent fiscal year's budget. Such extension is only effective upon
the execution of a written amendment signed by both Parties. 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.
7. 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.
8. Filing. The City shall file this Interlocal Agreement pursuant to the
requirements of Section 163.01(11)of the Florida Statutes
9. 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
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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, and may
be entitled, but is not required, to seek specific performance of this Agreement on an
expedited basis, as the performance of the material terms and conditions contained herein
relate to the health, safety, and welfare of the residents of the City and Redevelopment
Area. 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 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.
10. 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.
11. 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.
12. 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.
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13. Severability. If any part of this Agreement is found invalid or
unenforceable by any court, such invalidity or unenforceability shall not affect the other
parts of the Agreement if the rights and obligations of the parties contained herein are not
materially prejudiced and if the intentions of the parties can continue to be achieved. To
that end, this Agreement is declared severable.
14. Governing Law and Venue. The validity, construction and effect of this
Agreement shall be governed by the laws of the State of Florida. 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.
15. 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.
16. 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 paragraph. For the present, the Parties
designate the following as the respective places for giving of notice.
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CITY: Lori LaVerriere,City Manager
City of Boynton Beach
P.O. Box 310
Boynton Beach, FL 33435
CRA: Michael Simon, Executive Director
Boynton Beach CRA
710 N. Federal Highway
Boynton Beach,Florida 33435
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
17. 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.
18. Interpretation. 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.
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IN WITNESS WHEREOF, the City and the CRA hereto have executed this
Agreement as of the date set forth above.
ATTEST: CITY OF BOYNTON BEACH,
a Florida municipal corporation
Lf/ A o. By:
C ,stal Gibson, City Clerk Steven B. Grant, ayor
Approve. as to F. .: _ r
(SEAL) oem
f
I
Offi the City rilvey
Approved as to = rm: BOYNTON BEACH COMMUNITY
REDEVELOPMENT AGENCY
By:
Office of the CRA Attorney Steven B. Grant, Chair
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