R20-034 1 RESOLUTION NO. R20-034
2
3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA,
4 AUTHORIZING THE MAYOR TO SIGN A GRANT
5 PARTICIPATION AND REIMBURSEMENT AGREEMENT
6 BETWEEN VIRGIN TRAINS USA FLORIDA LLC AND THE CITY
7 OF BOYNTON BEACH FOR THE CONSTRUCTION OF
8 SUPPLEMENTAL SAFETY IMPROVEMENTS AT TWO (2)
9 RAILROAD CROSSINGS AND CONTRIBUTE $27,131.93 (20%
10 LOCAL MATCH) TO PARTIALLY FUND THESE
11 IMPROVEMENTS; AND PROVIDING AN EFFECTIVE DATE.
12
13
14 WHEREAS, the Federal Railroad Administration (FRA) funded a Consolidated Rail
15 Infrastructure and Safety Improvements (CRISI) Grant which grant was awarded to Virgin
16 Trains (f.k.a. Brightline); and
17 WHEREAS, the Virgin Trains application was to partially fund forty-eight (48)
18 supplemental safety improvements intended/designed to keep cars from accidentally turning
19 to drive down the tracks, such as flexible edge-of-road delineators and striping; and active
20 signs which will add another safety element to the above referenced rail crossings; and
21 WHEREAS,Virgin Trains will complete the installations in 6-8 months once the grant
22 is executed with the FRA; and
23 WHEREAS, two (2) of the 48 locations are located in Boynton Beach and the
24 improvements are valued at$135,659.66 with the City's contribution at$27,131.93 (Required
25 20% local match).
26 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
27 OF THE CITY OF BOYNTON BEACH, FLORIDA,THAT:
28 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
29 being true and correct and are hereby made a specific part of this Resolution upon adoption
30 hereof.
S:\CA\RESO\Agreements\Grants\Approve CRISI Grant Agreement- Reso.Docx
31 Section 2. The City Commission approves and authorizes the Mayor to sign a
32 Grant Participation and Reimbursement Agreement between Virgin Trains USA Florida LLC
33 and the City of Boynton Beach for the construction of supplemental safety improvements at
34 two (2)railroad crossings and contribute $27,131.93 (20%local match)to partially fund these
35 improvements. A copy of the Grant Agreement is attached hereto as Exhibit"A".
36 Section 3. This Resolution shall become effective immediately upon passage.
37 PASSED AND ADOPTED this SA day of May, 2020.
38
39 CITY OF BOYNTON BEACH, FLORIDA
40
41 YES NO
42
43 Mayor—Steven B. Grant ✓
44
45 Vice Mayor—Ty Penserga ✓
46
47 Commissioner—Justin Katz ✓
48
49 Commissioner—Woodrow L. Hay
50
51 Commissioner—Christina L. Romelus
52
53
54 VOTE
55
56 ATTEST:
57
58
59 ,
60 C stal Gibson, MMC
61 City Clerk
62
63 rte,°
64 tiop.t4 ...
65 � (Corporate Seal) r `°
66I >
67 ; ;; 1920
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S:\CA\RESO\Agreements\Grants\Approve CRISI Grant Agreement- Reso.Docx
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GRANT PARTICIPATION AND
REIMBURSEMENT AGREEMENT
FOR
CONSTRUCTION OF SUPPLEMENTAL SAFETY IMPROVEMENTS
AT SELECTED RAILROAD CROSSINGS IN THE CITY OF
BOYNTON BEACH, FLORIDA
THIS AGREEMENT is made as of , 2020, by and between Virgin Trains
USA Florida LLC, a Delaware limited liability company, an address of which is 161 NW 6th Street,
Suite 900, Miami, Florida 33136 ("VTUSAF"), and the City of Boynton Beach, a municipal
corporation and political subdivision of the State of Florida, existing under the laws of the State of
Florida, an address of which is 100 E. Boynton Beach Boulevard, Boynton Beach, Florida 33425-
0310 ("CITY").
WHEREAS, VTUSAF has been awarded with a grant under the Federal Railroad
Administration's ("FRA") Consolidated Rail Infrastructure and Safety Improvements Program (the
"CRISI Grant") which will provide funding for supplemental safety improvements at certain
strategically identified crossings along VTUSAF's rail corridor, all as more particularly specified in
an agreement between FRA and VTUSAF (the "Grant Agreement").
WHEREAS, CITY desires to provide funding as a local match for the CRISI Grant to
improve railroad safety through such supplemental safety improvements along VTUSAF's rail
corridor within the City of Boynton Beach, which use of funds will serve a legitimate public and
municipal purpose.
NOW, THEREFORE, for and in consideration of the mutual covenants contained herein
and other good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, VTUSAF and CITY hereby agree as follows:
1. VTUSAF shall use the funds provided by CITY pursuant to this Agreement solely as
a local match in VTUSAF's program to improve railroad safety through supplemental safety
improvements (the "Improvements") at railroad crossings along VTUSAF's rail corridor within the
boundaries of CITY pursuant to the CRISI Grant, as set forth in attached Exhibit A.
2. Within ninety (90) days after the completion of Improvements at a railroad crossing
within the boundaries of CITY, VTUSAF will provide CITY with an invoice detailing the
Improvements at such crossing, and CITY agrees to reimburse VTUSAF twenty percent (20%) of the
cost incurred in connection with the design and construction of such Improvements within thirty (3 0)
days following CITY's receipt of such invoice; provided, however, that the total amount that CITY
will pay VTUSAF pursuant to this Agreement shall not exceed the total aggregate sum of
$27,131.93 ("Maximum Cite Participation").
3. CITY may audit the books, records, and accounts of VTUSAF that are related to this
1
Agreement. VTUSAF shall keep such books, records, and accounts as may be necessary in order to
record complete and correct entries related to this Agreement. VTUSAF shall preserve and make
available, at reasonable times for examination and audit by CITY all financial records, supporting
documents, statistical records, and any other documents pertinent to this Agreement for the required
retention period of the Florida public records law (Chapter 119, Florida Statutes) and corresponding
retention schedules, or for a minimum of three (3) years after expiration or termination of this
Agreement, whichever is longer. If any audit has been initiated and audit findings have not been
resolved at the end of the retention period or three (3) years, whichever is longer, the books,
records, and accounts shall be retained until resolution of the audit findings. If the Florida public
records law is determined by CITY to be applicable to VTUSAF records, VTUSAF shall
comply with all requirements thereof.
4. This Agreement shall constitute the entire agreement between CITY and
VTUSAF for the use of funds received pursuant to this Agreement, and it supersedes all prior
or contemporaneous communications and proposals, whether electronic, oral, or written between
the CITY and VTUSAF with respect to this Agreement. No prior written or contemporaneous oral
promises or representations shall be binding. This Agreement shall not be amended except by
written instrument signed by both parties.
IN WITNESS WHEREOF, CITY and VTUSAF execute this Agreement as follows:
''��_i',�. 'fir} �' � :_ - ,;•., ,i
ATTEST: City of Boynton Beach Wg
-dgpim� By: /X '4'
------------
C s Gib n, ity Clerk Steven B. Grant, Mayor
APPROVED A':
By: �2t1-tom
Lori LaVerriere, City Manager
CITY ATTORNEY
WITNESSES:
Print Name:
Print Name:
2
Virgin Trains USA Florida LLC
Patrick Goddard, President
EXHIBIT A
PROJECT:
Type of Crossing Improvement:
0 2 delineators & striping
0 1 active sign
11. BREAKDOWN BY CROSSING:
City
Grassing
Edge
mar
and Strilyin?,
Centerline
Velineaturs
Iff Raised
Nfedizn West
side
rcit Gates
{Ruth Sides
Fut Gates
tsE)
Fut Gates
(N%,V)
,i re -S*?Ls Blended Total
<iTA PM + 1
BOYJ�7i`ON76Y]
127274
X
REACH
MP 310. £%
N'E 22nd
.Ave."
Boynton
Beach
119,54328
BOYNTON
127--4r.,x i
x
x
BEACH
aril" 313,67;
SE 23rd
Ave,,
Boynton
Beach
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111. TOTAL PROJECT COST: $135,659.66
Photo 1- Photograph of an example of the Flexible edge -of -road delineators and striping proposed in
Boynton
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