R23-161 1 RESOLUTION R23-161
2
3
4 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA,
5 APPROVING AND AUTHORIZING THE MAYOR TO SIGN AN INTERLOCAL
6 AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND THE
7 BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY FOR
8 FUNDING CONSTRUCTION AND PROFESSIONAL SERVICES; AND
9 PROVIDING AN EFFECTIVE DATE.
10
11 WHEREAS, The City will be performing construction projects within the Community
12 Redevelopment Area (CRA) to reduce slum, blight, and enhance the redevelopment properties;
13 and
14 WHEREAS, The CRA will provide the funding for the projects and will provide annual
15 updates; and
16 WHEREAS, The agreement will serve as a municipal and public purpose and be
17 consistent with the 2016 CRA plan and requirements of Chapter 163, Florida Statutes; and
18 WHEREAS,the City Commission of the City of Boynton Beach upon recommendation of
19 staff, deems it to be in the best interest of the citizens and residents of the City of Boynton Beach
20 to approve and authorize the Mayor to sign an Interlocal Agreement between the City of
21 Boynton Beach and the Boynton Beach Community Redevelopment Agency for funding
22 Construction and Professional Services.
23 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
24 BOYNTON BEACH, FLORIDA, THAT:
25 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
26 being true and correct and are hereby made a specific part of this Resolution upon adoption
27 hereof.
28 Section 2. The City Commission of the City of Boynton Beach hereby approves and
29 authorizes the Mayor to sign an Interlocal Agreement between the City of Boynton Beach and
30 the Boynton Beach Community Redevelopment Agency for funding Construction and
31 Professional Services. A copy of the Interlocal Agreement is attached hereto and made a part
32 hereof by reference as Exhibit "A."
33 Section 3. That this Resolution shall become effective immediately upon passage.
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34 PASSED AND ADOPTED this 7th day of November, 2023.
35 CITY OF BOYNTON BEACH, FLORIDA
36 YES NO
37
V-
38 Mayor-Ty Penserga
39
40 Vice Mayor-Thomas Turkin
41
42 Commissioner-Angela Cruz
43 /
44 Commissioner-Woodrow L. Hay (/
45 ✓
46 Commissioner-Aimee Kelley
47
48 VOTE -0
49 ATT'S .
50
51 1 1f 4110 7.-��
52 Maylee 10.6s, MPA MC Ty Pen
53 City Cle May.
54
55 APPROVED AS TO FORM:
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59 • poRATED; i A" Ld
1 • f Shawna G. Lamb
61 .,,•• City Attorney
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Professional Services-Reso.docx
INTERLOCAL AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND THE
BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY FOR FUNDING
CONSTRUCTION/PROFESSIONAL SERVICES
THIS AGREEMENT is made this 7411day ofrrnbe(2023, by and between
the CITY OF BOYNTON BEACH, a Florida municipal corporation (hereinafter referred to
as "CITY"), and the BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, a
public body corporate and politic, duly created and operated pursuant to Chapter 163,
Florida Statutes (hereinafter referred to as the "BBCRA").
WITNESSETH:
WHEREAS, the CITY will be performing various construction projects located in the
Community Redevelopment Area as shown in Exhibit"A" (collectively, the"Projects" and each
individually a "Project"); and
WHEREAS, the Projects provide improvements to the Community Redevelopment
Area ("CRA Area") that are anticipated to reduce slum and blight and enhance the
redevelopment potential of properties within the CRA Area; and
WHEREAS, the BBCRA is providing funding for the Projects in the amounts
identified in Exhibit "A;" and
WHEREAS, the parties anticipate updating Exhibit"A"on at least an annual basis; and
WHEREAS, the CITY and the BBCRA find that this Agreement serves a municipal and
public purpose and is consistent with and in furtherance of the 2016 Boynton Beach
Community Redevelopment Plan ("Plan") and the requirements of Chapter 163, Florida
Statutes;
NOW, THEREFORE, in consideration of the mutual covenants and promises herein
contained, the sufficiency of which both parties hereby acknowledge, the parties hereby agree
as follows:
1. Incorporation. The recitations set forth above are hereby incorporated herein.
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2. Funding.The BBCRA shall provide funding to the CITY for the Projects included
in Exhibit "A." The amount of funding for each Project shall not exceed the amount listed for
each Project included in Exhibit "A." Such payment shall be made to the CITY for physical
improvements as part of the Projects, consistent with the terms of this Agreement, to be used
for reimbursement of certain eligible costs. The BBCRA shall make payments to the CITY
upon receipt of a complete written request from the CITY for payment, which request shall
comply with all requirements of this Agreement. Funding described in Exhibit A may not be
transferred between Projects without the express consent of the BBCRA.
3. Limitations on Use of Funding. Funding for the Projects included in
Exhibit "A" shall be used for actual planning, design, and construction costs, as well as
other costs directly related to the Projects construction, including, but not limited
to, testing, inspection, and utility relocation costs (collectively, "eligible expenses").
This provision does not preclude the BBCRA from performing the referenced tasks
for Projects included in Exhibit "A" if mutually agreed upon by the CITY and
BBCRA.
4. Annual Update to Exhibit "A." Exhibit "A" to this Agreement may be
updated at any time by the mutual consent of both parties and shall be updated at
least annually in a form mutually consented to by both parties. At such time as each
party adopts an identical Exhibit "A" in a duly noticed public meeting, this Agreement
shall be deemed amended such that the most recently adopted Exhibit "A" replaces
the prior version of the Exhibit "A" in this Agreement without further action by the
parties. Except as expressly stated in this paragraph, all modifications to the
Agreement shall be in accordance with Paragraph 11-Entire Agreement.
5. Reimbursement Request. The CITY shall provide a complete written request
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4891-6338-4455,v.3
for reimbursement of eligible expenses ("Reimbursement Request") to the BBCRA no later
than 180 days after payment by the CITY of funds for which it is seeking reimbursement, and
in no case later than 180 days after the Project achieves final completion. For purposes of this
Agreement, final completion shall be deemed achieved upon issuance of a Certificate of
Completion or the equivalent. The request shall include the following information:
i. The amount of reimbursement requested;
ii. A summary of the Project improvements for which the CITY seeks
reimbursement;
iii. A statement that the Project is in compliance with the Plan and
Florida Statutes, that the funding will be used only for
reimbursement of eligible expenses that are consistent with the
BBCRA's requirements and restrictions pursuant to Florida law, and
evidence supporting the statement;
iv. 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; and
v. For any Reimbursement Request submitted after final completion, a
fully executed Certificate of Completion or equivalent.
a. The CRA shall remit funding in the amount requested, consistent with this
Agreement, to the CITY within thirty (30) days of receipt of a complete
Reimbursement Request from the CITY that meets the requirements of
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4891-6338-4455,v.3
this Agreement.
b. If the CITY fails to submit a Reimbursement Request within 180 days after
the Project achieves final completion, the CITY will no longer be eligible
to receive any reimbursement, and this Agreement shall terminate with
respect to that Project. If the CITY submits a Reimbursement Request
that the BBCRA deems incomplete, the BBCRA shall notify the CITY in
writing. The BBCRA may ask for additional documentation that could
reasonably be used to evaluate or support the Reimbursement Request.
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 BBCRA within 30
days, the CITY shall only be eligible for the portion of the Reimbursement
Request, if any, that the BBCRA deems complete and eligible. The
BBCRA will not reimburse the CITY for any portion of the request the
BBCRA deems ineligible for reimbursement.
6. Limitation of Responsibility. The Parties agree that the BBCRA shall only be
responsible for providing reimbursement to the CITY for eligible expenses for the Project after
receiving a complete Reimbursement Request that meets the requirements of this Agreement
and shall not otherwise be responsible for effectuating the Project.
7. Change Orders. The CITY shall provide a written request to the BBCRA for
approval of any change order that will result in a request for an increase in the funding for a
Project to be provided by the BBCRA. The CITY shall submit the written request to the
BBCRA prior to the CITY's approval of the change order or execution of any work covered
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4891-6338-4455,v.3
by the change order. Failure to obtain the BBCRA's approval of the funding for the
change order shall be a basis for the BBCRA to deny additional funding to the CITY for
the Project identified in the change order. The CITY and the BBCRA agree and
acknowledge that the approval of a change order does not require an amendment to this
Agreement so long as the total amount of funding identified in Exhibit"A" is not exceeded.
8. Term. The term of this Agreement shall commence upon execution by both
parties, and this Agreement shall continue until either party delivers written notice to the
other party of its intent to terminate this Agreement or 60 days after the CITY receives
the final invoice from the contractor or professional for the last of the Projects included in
Exhibit "A." Notwithstanding the foregoing, once the CITY has executed a contract with a
contractor or professional for a particular Project, the BBCRA shall not be allowed to
withdraw its funding for that particular Project for the amount identified in Exhibit "A." If
the CITY terminates this Agreement, the CITY shall refund to the BBCRA any funding that
was provided to the CITY but was not paid to the contractor or professional for the Project
as of the date of determination. If the total funds the CITY requires to complete a particular
Project, as identified in Exhibit "A," are less than the amount paid by the BBCRA to the
CITY for a particular Project, the CITY shall refund to the BBCRA any and all funds
provided to the CITY that exceed the amount the CITY paid to the contractor or professional
for the particular Project.
9. Reporting Requirement. Once the BBCRA provides any funding for any of
the Projects identified in Exhibit "A," the CITY shall provide the BBCRA with monthly reports
detailing the progress of such Projects, including, but not limited to, the contract amount, the
amount of funds paid to the contractor or professional, the status of the Project, and the total
of any change orders related to the Project.
10. Publicity. The CITY shall ensure that all publicity, public relations,
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4891-6338-4455,v.3
advertisements, and signs related to the CITY's involvement in a Project also recognize the
BBCRA for the support of all activities conducted with the funds provided by the BBCRA. The
use of the BBCRA logo is permissible, but all materials using the BBCRA logo must be
approved by the BBCRA Executive Director or his or her designee prior to use. Upon request
by the BBCRA, CITY shall provide proof of the use of the BBCRA logo as required by this
paragraph. The BBCRA may also produce and utilize publicity, public relations,
advertisements, and signs to indicate its involvement with a Project.
11. Entire Agreement. No prior or present agreements or representations with
regard to any subject matter contained within this Agreement shall be binding on any party
unless included expressly in this Agreement. Any modification to this Agreement shall be in
writing and executed by the parties.
12. Severability. The validity of any portion, article, paragraph, provision, clause,
or any portion thereof of this Agreement shall have no force and effect upon the validity of any
other part of portion hereof. To that end, this Agreement is declared severable.
13. No Third-Party Beneficiaries. 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 CITY or the BBCRA.
14. No Assignment. The Parties may not transfer or assign this Agreement in
whole or in part without prior written consent of the other, which may be granted or withheld
at such Parties' absolute discretion.
15. Indemnification. The CITY shall indemnify, save, and hold harmless the
BBCRA, its agents, and its employees from any liability, claim, demand, suit, loss, cost,
expense or damage that may be asserted, claimed, or recovered against or from the BBCRA,
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
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4891-6338-4455,v.3
of, arises out of, or is otherwise 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 BBCRA 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 BBCRA for BBCRA's
own negligence or intentional acts of the BBCRA, 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.
16. Public Records. The CITY and the BBCRA 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 one year after the termination of the
Agreement.
17. Filing. The CITY shall file this Interlocal Agreement pursuant to the
requirements of section 163.01(11), Florida Statutes.
18. Governing Law; Venue. This Agreement shall be governed by and in
accordance with the Laws of Florida. The venue for any action arising from this Agreement shall
be in Palm Beach County, Florida.
19. This Agreement shall not be valid until signed by the Mayor, the Board Chair of
the BBCRA, and the City Clerk. The Effective Date shall be the date the last of the Mayor or
Board Chair signs this Agreement.
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4891-6338-4455,v.3
IN WITNESS WHEREOF, the parties hereto have caused this agreement to be
executed on the day and year first above written.
ATTEST: CITY OF BOYNTON BEACH, FLORIDA
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ATTEST: BOYNTON BEACH COMMUNITY
REDEVELOPMENT AGENCY, FLORIDA
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I HEREBY CERTIFY THAT I
HAVE APPROVED THIS
AGREEMENT AS/TO FORM:
fB CRA Attorney
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4891-6338-4455,v.3
EXHIBIT "A"
Fiscal Year 2023-2024 Projects
City Project Project Name BBCRA
# Funding
1 MLK JR. BOULEVARD STREETSCAPE PROJECT(DESIGN) $250,000.00
2 JAYCEE PARK PROJECT(CONSTRUCTION) $250,000.00
3 SEACREST BOULEVARD IMPROVEMENT(DESIGN) $100,000.00
4 E. OCEAN AVENUE STREETSCAPE (DESIGN) $100,000.00
5 2023 US 1 BEAUTIFICATION PROJECT(DESIGN) $100,000.00