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CITY OF BOYNTON BEACH - CHAPEL HILL BEAUTIFICATION
1 II FINANCIAL ASSISTANCE AGREEMENT WITH CITY OF BOYNTON BEACH
2 i FOR CHAPEL HILL BEAUTIFICATION
3 i: THIS INTER-LOCAL AGREEMENT is made and entered into this day of i
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4 I, JUl 2 0 2004 ,2004, by and between the CITY OF BOYNTON BEACH, a municipal i
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5 I corporation of the State of Florida, hereinafter "CITY", and PALM BEACH COUNTY,
6 a political subdivision of the State of Florida, hereinafter "COUNTY".
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8 WIT N E SSE T H:
9 i WHEREAS, the CITY wishes to install landscaping and irrigation at the
10 I, entrance to Chapel Hill Subdivision within the rights of way of the COUNTY's
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11 i; Seacrest Boulevard and the CITY's Chapel Hill Road, (hereil"!after,
12 II "IMPROVEMENTS"); and
13 I, WHEREAS, the COUNTY believes thatthese efforts by the CITY serve a public
14 II purpose in the enhancement ofthe appearance ofthese public roadways and wishes
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15 ,I to support the CITY's efforts to install the IMPROVEMENTS by providing
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16 I' reimbursement funding for the cost of the IMPROVEMENTS from Commission
1 7 District 3 Discretionary Funds for Improvements, in an amount not to exceed
18 I FIFTEEN THOUSAND AND 00/100 DOLLARS ($15,000.00) ; and
19 I WHEREAS, after installation, the CITY will be responsible for the perpetual
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20 I maintenance of the IMPROVEMENTS; and
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21 I NOW, THEREFORE, in consideration ofthe mutual covenants, promises, and I
22 II agreements herein contained, the parties agree as follows:
23 i 1. The above recitals are true, correct and are incorporated herein.
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24 2. The COUNTY agrees to provide to the CITY reimbursement funding for !
25 documented costs from Commission District 3 Discretionary Funds for
26 Improvements in an amount not to exceed FIFTEEN THOUSAND AND 00/100 ¡
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27 DOLLARS ($15,000.00) for the CITY's IMPROVEMENTS. '
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II CITY OF BOYNTON BEACH - CHAPEL HILL BEAUTIFICATION
1 ,I 3. The COUNTY agrees to reimburse the CITY the amount established in
2 II paragraph 2 for costs (materials and labor) associated with installation of the
3 IMPROVEMENTS, upon the CITY's submission of acceptable documentation needed
4 to substantiate their costs for the IMPROVEMENTS. The COUNTY will use its best
5 efforts to provide said funds to the CITY on a reimbursement basis within forty-five
6 I (45) days of receipt of all information required in Paragraph 6, below.
7 II 4. The COUNTY's obligation is limited to its payment obligation and shall
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8 Ii have no obligation to any other person or entity. ,
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9 I 5. The CITY agrees to assume all responsibility for design, bidding,
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10 II contract preparation, and contract administration for the installation of the
11 ,I IMPROVEMENTS, including payment(s) to contractor(s), pursuant to all applicable
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12 Ii governmental laws and regulations and will comply with all applicable governmental
13 I, landscaping codes and permitting requirements in the selection and installation of !
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14 the IMPROVEMENTS. The CITY agrees to install the IMPROVEMENTS substantially i
15 in accordance with the plans, specifications and costs as approved in the permitting
16 ,process by the COUNTY. Otherwise, the COUNTY will have the final determination
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1 7 II of the eligibility for reimbursement of any changes. Substantial variations from the '
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18 ',submitted plans shall require prior written approval from the County Engineer's
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19 :' Office. The final permit drawings must be signed and sealed by a Florida Registered I
20 Ii Landscape Architect experienced in roadway planting and familiar with the .
21 COUNTY's Streetscape Standards Manual.
22 6. The CITY will obtain or provide all labor and materials necessary for the
23 installation of the IMPROVEMENTS. The COUNTY shall have the final determination
24 ! of eligibility for reimbursement. The CITY shall furnish the Manager, Streetscape
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25 i Section, of the COUNTY's Department of Engineering and Public Works with a
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26 II request for payment supported by the following:
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CITY OF BOYNTON BEACH - CHAPEL HILL BEAUTIFICATION !
1 a. A statement from a Florida Registered Landscape Architect that the I
2 Ii IMPROVEMENTS have been inspected and were installed substantially :
3 I; in accordance with the permitted plans for the IMPROVEMENTS, and; I
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4 b. A Contract Payment Request Form and a Contractual Services I
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5 Purchases Schedule Form, attached hereto and incorporated herein as ì
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6 III Exhibit "A" (pages 1 and 2) which are required for each and every I
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7 II reimbursement requested by the CITY. Said information shall list each
8 Ii invoice payable by the CITY and shall include the vendor invoice
9 number, invoice date, and the amount payable by the CITY. The CITY !
10 11 shall attach a copy of each vendor invoice paid by the CITY along with I
11 I¡ a copy of the respective check and shall make reference thereof to the
12 applicable item listed on the Contractual Services Purchases Schedule
13 Form. Further, the Program Administrator and the Program Financial I
14 I! Officer for the CITY shall also certify that each vendor invoice listed on
15 !i the Contractual Services Purchases Schedule Form was paid by the
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16 I CITY as indicated.
17 II 7. CITY shall maintain adequate records to justify all charges, expenses,
18 ,; and costs incurred in peñorming the IMPROVEMENTS for at least three (3) years i
19 Ii after the completion of such IMPROVEMENTS. COUNTY shall have access to all i
20 Ii books, records and documents as required in this Section for the purpose of .
21 Ii inspection or audit during normal business hours. I
22, 8. The CITY agrees to be responsible for the perpetual maintenance of the
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23 ,¡II, IMPROVEMENTS following the installation and shall be solely responsible for
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24 I: obtaining and complying with all necessary permits, approvals, and authorizations '
25 Ii from any federal, state, regional, or COUNTY agency which are required for the '
26 Ii subsequent maintenance of the IMPROVEMENTS. I
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CITY OF BOYNTON BEACH - CHAPEL HILL BEAUTIFICATION ,
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1 I 9. All installation of these IMPROVEMENTS shall be completed and final '
2 !i invoices submitted to the COUNTY no later than September 30, 2005, and the :
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3 'I COUNTY shall have no obligation to the CITY or any other entity or person for any I
4 Ii cost incurred thereafter unless the time for completion is extended by modification !
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5 I of this Agreement as provided herein.
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6' 10. The CITY recognizes that it is an independent contractor, and not an
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7 i: agent or servant of the COUNTY or its Board of County Commissioners. In the event I
8 ¡I a claim or lawsuit is brought against the COUNTY, its officers, employees, servants
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9 Ii or agents, relating to the IMPROVEMENTS or any item which is the responsibility of
10 I, the CITY, the CITY hereby agrees, to the extent permitted by law, to indemnify, save I
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11 i: and hold harmless the COUNTY, its officers, employees, servants or agents, and to I
12 II defend said persons from any such claims, liabilities, causes of action and '
13 I¡ judgments of any type whatsoever arising out of or relating to the existence of the
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14 Ii IMPROVEMENTS or the peñormance by the CITY as may relate to this Agreement. ;
15 I: The CITY agrees to pay all costs, attorney's fees and expenses incurred by the '
16 I: COUNTY, its officers, employees, servants or agents in connection with such claims, 1
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1 7 I! liabilities or suits except as may be incurred due to the negligence of the COUNTY.
18 I; 11. The CITY shall, at all times during the term of this Agreement (the I
19 I: installation and existence ofthe IMPROVEMENTS), maintain in force its status as an I
20 I: insured municipal corporation.
21 Ii 12. As provided in F .S. 287.132-133, by entering into this Agreement or I
22 ¡ peñorming any work in furtherance hereof, the CITY certifies that its affiliates,
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23 ! suppliers, sub-contractors, and consultants who peñorm work hereunder, have not
24 Ii been placed on the convicted vendor list maintained by the State of Florida
25 Ii Department of Management Services within 36 months immediately preceding the ~
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26 I date hereof. This notice is required by F.S. 287.133(3)(a). I
27 I. 13. The CITY shall require each contractor engaged by the CITY for work I
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28 ': associated with this Agreement to maintain:
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CITY OF BOYNTON BEACH - CHAPEL HILL BEAUTIFICATION
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1 a. Workers' Compensation coverage in accordance with Florida i
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2 Statutes, and; i
3 Ii b. Commercial General Liability coverage, including vehicle coverage,
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4 II in combined single limits of not less than ONE MILLION AND 00/100
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5 I: DOLLARS ($1,000,000.00). The COUNTY shall be included in the !
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6 :' coverage as an additional insured. .
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7 c. A payment and peñormance bond for the total amount of the I
8 Ii improvements in accordance with Florida Statute 255.05. i
9 I; 14. In the event of termination, the CITY shall not be relieved of liability to I
10 !i the COUNTY for damages sustained by the COUNTY by virtue of any breach of the .
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11 ¡ contract by the CITY; and the COUNTY may withhold any payment to the CITY for
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12 ,'the purpose of set-off until such time as the exact amount of damages due the :
13 I! COUNTY is determined. In the event the CITY elects to discontinue its maintenance I
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14 'I obligation for the IMPROVEMENTS under this Agreement, it shall be the obligation i
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15 Ii of the CITY to restore, If necessary, the area of the IMPROVEMENTS on the 1
16 Ii COUNTY's rights-of-way to a condition acceptable to the County Engineer, which :
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1 7 Ii shall be in accordance with Federal, State and COUNTY standards for road I
18 I; construction and/or maintenance. In the event the CITY fails to restore the area of I
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19 Iii the IMPROVEMENTS to a condition acceptable to the County Engineer, the COUNTY ¡
20 : may undertake such restoration and the CITY shall be liable for the costs of such .
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21 !i restoration.
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22 I¡ 15. The CITY's termination of this AGREEMENT shall result all obligations of I
23 :i the COUNTY for funding contemplated herein to be canceled. I
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24 i 16. The COUNTY and the CITY agree that no person shall, on the grounds i
25 II:, of race, color, national origin, sexual orientation, religion or creed, sex, age, or I
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26 I handicap be discriminated against in peñormance of the Agreement.
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I' CITY OF BOYNTON BEACH - CHAPEL HILL BEAUTIFICATION '
l' 17. In the event that any section, paragraph, sentence, clause, or provision I
2 Iii. hereof is held invalid by a court of competent jurisdiction, such holding shall not !
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3 :1 affect the remaining portions of this Agreement and the same shall remain in full I
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4 i i force and effect.
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5!1 18. All notices required to be given under this Agreement shall be in
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6 Ii writing, and deemed sufficient to each party when sent by United States Mail,
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7 postage prepaid, to the following:
8 AS TO THE COUNTY
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9 1 Manager, Streetscape Section I
10 II Palm Beach County Department of
11 Engineering and Public Works i
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12 ¡: Post Office Box 21229
13 !~ West Palm Beach, Florida 33416-1229
14 III AS TO THE CITY I
151 City Manager
16 I, City of Boynton Beach
1 7 100 E. Boynton Beach Boulevard
18 Boynton Beach, FL 33425
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19:' 19. This Agreement shall be construed and governed by the laws of the ,
20 Ii State of Florida. Any and all legal action necessary to enforce this Agreement shall !
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21 Ii be held in Palm Beach County. No remedy herein conferred upon any party is ,
22 !i intended to be exclusive of any other remedy, and each and every other remedy shall
23 I: be cumulative and shall be in addition to every other remedy given hereunder or now
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24 :; or hereafter existing at law or in equity or by statute or otherwise. No single or
25 I: partial exercise by any party of any right, power, or remedy shall preclude any other
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26 Ii or further exercise thereof.
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27 I[ 20. Any costs or expenses (including reasonable attorney's fees)
28 II associated with the enforcement of the terms and conditions of this Agreement I
29 shall be borne by the respective parties; provided, however, that this clause pertains i
3 0 'only to the parties to the Agreement. I
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CITY OF BOYNTON BEACH - CHAPEL HILL BEAUTIFICATION
21. Except as expressly permitted herein to the contrary, no modification, i
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2 amendment, or alteration in the terms or conditions contained herein shall be :
3 " effective unless contained in a written document executed with the same formality I
4 I! and equality of dignity herewith. I
5 Ii 22. Each party agrees to abide by all laws, orders, rules and regulations and i
6 the CITY will comply with all applicable governmental landscaping codes in the i
7 maintenance and replacement of the IMPROVEMENTS.
8 23. The parties to this Agreement shall not be deemed to assume any I
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9 Ii liability for the negligent or wrongful acts, or omissions of the other party (or '
10 Ii parties). Nothing contained herein shall be construed as a waiver, by any of the
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11 i parties, of the liability limits established in Section 768.28, Florida Statutes.
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12 ;, 24. The CITY shall promptly notify the COUNTY of any lawsuit-related
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13 Ii complaint, or cause of action threatened or commenced against it which arises out I
14 :1 of or relates, in any manner, to the peñormance of this Agreement.
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15 I: 25. The parties expressly covenant and agree that in the event any of the I
16 !i parties is in default of its obligations under this Agreement, the parties not in default I
17 !1 shall provide to the defaulting party thirty (30) days written notice before exercising I
18 I: any of their rights. :
19 I! 26. The preparation of this Agreement has been a joint effort of the parties, :
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20 I: and the resulting document shall not, solely as a matter of judicial constraint, be
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21 !\ construed more severely against one of the parties than the other.
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22 Ii 27. This Agreement represents the entire understanding among the parties,
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23 and supersedes all other negotiations, representations, or agreements, either written ,
II or oral, relating to this Agreement. I
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25 Ii 28. A copy of this Agreement shall be filed with the Clerk of the Circuit
26 Court in and for Palm Beach County, Florida.
29. This Agreement shall take affect upon execution and the effective date I
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28 I; shall be the date of execution.
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CITY OF BOYNTON BEACH - CHAPEL HILL BEAUTIFICATION
1 IN WITNESS WHEREOF, the parties have executed this Agreement and it is effective
2 on the date first above written.
3 CITY OF BOYNTON BEACH
4 (CITY SEAL) CITY OF BOYNTON BEACH,
5 BY ITS CITY COMMISSION
6 ATTEST:
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10 APPROVED AS TO FORM AND LEGAL SUFFICIENCY
11 By:
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14 PALM BEACH COUNTY
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16 C·' "'~~ PALM BEACH COUNTY, FLORIDA, BY ITS
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17 _0 , '.' " ~III BOARD OF COUNTY COMMISSIONERS
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~ ,.: COUNTY :(J)~ R2004
19 O:;~~TI!M ,-~ 1622
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20 'bQ#OWY·fi-~LKEN, CLERK /
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22 By: cf~t- ~ - -- ~'~~ZB2IH
23 DEPUTY CLERK EN T. MARCUS, CHAIR
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24 i APPROVED AS TO FORM AND LEGAL SUFFICIENCY
25 ' By: fJ¡
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26 ASSIST ANT COUNT RNEY
27 I APPROVED AS TO TERMS AND CONDITIONS
28 'BY:¥~
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29 F :\ash2004AgmtsChapeIHilI031604
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PALM BEACH COUNTY Exhibit A
ENGINEERING & PUBLIC WORKS DEPARTMENT
CONTRACT PAYMENT REQUEST
(Project)
Grantee Request Date
Billing # Billing Period
PROJECT PAYMENT SUMMARY
Project Costs Cumulative Total
Item This Billing Project Costs Project Costs
Consulting Services
Contractual Services
Materials, Supplies, Direct Purchases
Grantee Stock
Equipment, Furniture
TOTAL PROJECT COSTS -------------- -------------- --------------
-------------- -------------- --------------
Certification: I hereby certify that the above Certification: I hereby certify that the do cum en-
were incurred for the work identified as being tation has been maintained as required to support
accomplished in the attached progress reports. the project expenses reported above and is avail-
able for audit upon request.
AdministratorlDate Financial Officer/Date
PBC USE ONLY
County Funding Participation $
Total Project Cost $
Total project costs to date $
County obligation to date $
County retainage (_ %) ($ )
County funds previously disbursed ($ )
County funds due this billing $
Reviewed and Approved by:
PBC Project Administrator/Date
Assistant County Engineer or Fiscal Manager/Date
Page 1 of 2
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