R98-112RESOLUTION
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
AUTHORIZING AND DIRECTING THE MAYOR AND
CITY CLERK TO EXECUTE, A FINANCIAL
ASSISTANCE INTERLOCAL AGREEMENT
BETWEEN PALM BEACH COUNTY (COUNTY)
AND THE CITY OF BOYNTON BEACH (CITY) FOR
LANDSCAPING ALONG CONGRESS AVENUE
FROM SW 30TM AVENUE NORTH TO GOLF ROAD;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the CITY is undertaking the installation of
landscaping improvements, including any irrigation as may be
necessary, on the County's Congress Avenue from SW 30th Avenue to
Golf Road; and
WHEREAS, the County believes that such efforts are in the
best interest of the .City and the County and therefore wishes to
support that effort by providing a reimbursement contribution in an
amount not to exceed $37,500.00, or 50%, whichever is less, to the
City for the installation of the improvements; and
WHEREAS, City will thereafter be responsible' for the
maintenance of said improvements;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY
COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA,
THAT:
Section 1. This Commission does hereby authorize and
direct the Mayor and City Clerk to execute a Financial Assistance
Interlocal Agreement between Palm Beach County and the City of
Boynton Beach for funding of improvements on CongreSs Avenue from
SW 30th Avenue to Golf Road in the amount of $37,500.00 or 50% of
the improvements.
Section 2 That this Resolution shall become effective
immediately upon passage.
PASSED AND ADOPTED this ~" day of July, 1998.
CITY OF BOYNTON BEACH, FLORIDA
Mayor
ATTEST:
(
Mayor Pro Tem
~COmmis, sioner
Commissioner
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R98 14130
CITY OF BOYNTON BEACH CONGRESS AVENUE BEAUTIFICATION
FINANCIAL ASSISTANCE AGREEMENT FOR CITY OF BOYNTON BEACH
CONGRESS AVENUE BEAUTIFICATION
THIS INTERLOCAL AGREEMENT is made and entered into this
day of SEP 1 5 1998 , 199, by and between the CITY OF BOYNTON
BEACH, a municipal corporation of the State of Florida, hereinafter
"CITY ", and PALM BEACH COUNTY, a political subdivision of the State
of Florida, hereinafter "COUNTY ".
W I T N E S S E T H:
WHEREAS, the CITY is undertaking the installation of
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landscaping improvements, including any irrigation as may be
necessary, hereinafter "IMPROVEMENTS ", on the COUNTY'S Congress
Avenue from SW 30th Avenue to Golf Road (SW 23rd Avenue); and
WHEREAS, the COUNTY believes that such efforts are in the best
I
interest of the CITY and the COUNTY and therefore wishes to support
that effort by providing a reimbursement contribution in an amount
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not to exceed THIRTY -SEVEN THOUSAND FIVE HUNDRED and 00 /100 DOLLARS
($37,500.00) or fifty percent (50 %) , whichever is less, to the CITY
for the installation of the IMPROVEMENTS; and
WHEREAS, after installation, the CITY will be responsible for
the maintenance of the IMPROVEMENTS; and
WHEREAS, the CITY and COUNTY now wish to enter into an
agreement to provide for the COUNTY'S contribution toward the
funding of the CITY'S IMPROVEMENTS; and
WHEREAS, the COUNTY has established an allocation in its
1 budget to provide sufficient funding for this reimbursement.
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CITY OF BOYNTON BEACH CONGRESS AVENUE BEAUTIFICATION
NOW, THEREFORE, in consideration of the mutual covenants,
promises, and agreements herein contained, the parties agree as
follows:
1. The COUNTY grants to the CITY an amount not to exceed;
THIRTY -SEVEN THOUSAND FIVE HUNDRED and 00 /100 DOLLARS ($37,500.00),
or fifty percent (50 %), whichever is less, of the initial cost for
installation of landscaping IMPROVEMENTS, including any irrigations
as may be necessary, on the COUNTY'S Congress Avenue from SW 30th
Avenue to Golf Road (SW 23rd Avenue).
2. The COUNTY agrees to pay the CITY the amount established
in paragraph 1 for costs (materials and labor) associated with
installation of the IMPROVEMENTS and excludes any costs associated
with permitting, design fees, other professional fees, printing,
maintenance and hardscape improvements (curb, paver bricks, etc.).
An exception is that reimbursable costs may include the maintenance
? costs for an establishment period not to exceed 180 days from the
date of original installation. Where necessary, tree grates may
also be considered as a matching cost.
3. The COUNTY shall have no obligation to the CITY or any
other entity or person in excess of the amount provided in
paragraph 1.
4. The CITY agrees to assume all responsibility for design,
bidding, contract preparation, and contract administration for the
installation of the IMPROVEMENTS, including payment(s) to
contractor(s), pursuant to all applicable governmental laws and
regulations and will comply with all applicable governmental;
landscaping codes and permitting requirements in the selection and
installation of the IMPROVEMENTS. The CITY agrees to install the
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CITY OF BOYNTON BEACH CONGRESS AVENUE BEAUTIFICATION
IMPROVEMENTS substantially in accordance with the plans,
specifications and costs as submitted in the August, 1997
application package to Beautiful Palm Beaches, Inc. Otherwise, the
COUNTY will have the final determination of the eligibility for
reimbursement of any changes. Substantial variations from the
submitted plans shall require prior written approval from thel
County Engineer's Office. The final permit drawings must be signed;
and sealed by a Florida registered Landscape Architect experienced)
in roadway planting and familiar with the COUNTY'S Streetscape
Standards Manual.
5. The CITY will obtain or provide all labor and materials)
necessary for the installation of the IMPROVEMENTS. The minimum'
requirement for plant stock is Florida Grade Number 1 or better, asl
per Florida Department of Agriculture Consumer Services Grades and
Standards for Nursery Plants (most current edition) and must be so
specified on plans. This requirement is subject to inspection by a
designee of the Assistant County Engineer (such as the County
Forester). The COUNTY will have the final determination of
eligibility for reimbursement in terms of this requirement being
• met. The CITY shall furnish the Assistant County Engineer of the
COUNTY'S Department of Engineering and Public Works with requests
for payment supported by a statement from a Florida registered
Landscape Architect that the IMPROVEMENTS were installed
substantially in accordance with the plans for the IMPROVEMENTS,
and invoices or such other documentation which is acceptable in
form and detail to the COUNTY to provide for verification that the
services and /or materials have been performed and received by the
CITY. Any in -kind materials and /or labor which is included as part
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CITY OF BOYNTON BEACH CONGRESS AVENUE BEAUTIFICATION
of the matching costs must be reasonably documented. Also, with the
final request for payment, the CITY agrees to provide a statement
that the CITY has provided, or will provide by a date certain,
Beautiful Palm Beaches, Inc. with five photographic slides of the
IMPROVEMENTS.
6. The CITY agrees to be responsible for maintenance of the
following the installation and shall be solely
responsible for obtaining and complying with all necessary permits,
approvals, and authorizations from any federal, state, regional, or
COUNTY agency which are required for the subsequent maintenance of
the IMPROVEMENTS. The IMPROVEMENTS installed under this Agreement
will at all times be maintained so as to be visible to the public
so as to enhance the appearance of Congress Avenue.
7. All installation of these IMPROVEMENTS shall be completed
and final invoices submitted to the COUNTY no later than June 30,
1999, and the COUNTY shall have no obligation to the CITY or any
other entity or person for any cost incurred thereafter unless the
time for completion is extended by modification of this Agreement
as provided herein. Also, as stated in the application package, any
work performed prior to the COUNTY'S allocation of these funds on
November 4, 1997, is not considered eligible for reimbursement
under this Agreement.
8. The CITY recognizes that it is an independent contractor,
and not an agent or servant of the COUNTY or its Board of County
Commissioners. In the event a claim or lawsuit is brought against
the COUNTY, its officers, employees, servants or agents, the CITY
hereby agrees to indemnify, save and hold harmless the COUNTY, its
officers, employees, servants or agents and to defend said persons
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CITY OF BOYNTON BEACH CONGRESS AVENUE BEAUTIFICATION
from any such claims, liabilities, causes of action and judgments
of any type whatsoever arising out of or relating to the existences
k of the IMPROVEMENTS or the performance or operation of this
Agreement, to the extent permitted by law. The CITY agrees to pays
� 1, all costs, attorney's fees and expenses incurred by the COUNTY, its
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officers, employees, servants or agents in connection with such
: claims, liabilities or suits. Furthermore, the CITY stipulates that
the extent of the COUNTY'S liability pursuant to this Agreement
shall be limited solely to its aforementioned payment obligation.
9. The CITY shall require each contractor engaged by the
CITY for work associated with this Agreement to maintain:
a. Workers' Compensation coverage in accordance with
Florida Statutes, and;
b. Commercial General Liability coverage, including
vehicle coverage, in combined single limits of not less
than ONE MILLION AND 00 /100 DOLLARS ($1,000,000.00). The
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COUNTY shall be included in the coverage as an additional
insured.
10. In the event of termination by the CITY, the CITY shall
not be relieved of liability to the COUNTY for damages sustained by
the COUNTY by virtue of any breach of the contract by the CITY and
the COUNTY may withhold any payment to the CITY for the purpose of
set -off until such time as the exact amount of damages due the
COUNTY is determined.
11. The COUNTY and the CITY agree that no person shall, on
the grounds of race, color, national origin, sexual orientation,
religion or creed, sex, age, or handicap be discriminated against
in performance of the Agreement.
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CITY OF BOYNTON BEACH CONGRESS AVENUE BEAUTIFICATION
12. This Agreement represents the entire understanding
between the parties, and supersedes all other negotiations,
representations, or agreements, either written or oral, relating to
this Agreement.
13. All notices required to be given under this Agreement
' shall be in writing, and deemed sufficient to each party when sent;
by United States Mail, postage prepaid, to the following:
AS TO THE COUNTY
Palm Beach County Department of
Engineering and Public Works
Assistant County Engineer
Post Office Box 21229
West Palm Beach, Florida 33416 -1229
AS TO THE CITY
Mr. John Wildner, Parks Superintendent
City of Boynton Beach
100 East Boynton Beach Boulevard
Boynton Beach, FL 33435
An additional notice shall be addressed to:
Mr. Kevin J. Hallahan, Forester /Environmentalist
City of Boynton Beach
100 East Boynton Beach Boulevard
Boynton Beach, FL 33435
14. In the event that any section, paragraph, sentence,
clause, or provision hereof is held invalid by a court of competent
jurisdiction, such holding shall not affect the remaining portions
of this Agreement and the same shall remain in full force and
effect.
15. This Agreement shall be construed and governed by the
laws of the State of Florida. Any and all legal action necessary to
enforce the 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 other remedy shall be cumulative
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CITY OF BOYNTON BEACH CONGRESS AVENUE BEAUTIFICATION
and shall be in addition to every other remedy given hereunder or
now or hereafter existing at law or in equity or by statute or
otherwise. No single or partial exercise by any party of any right,
} power, or remedy shall preclude any other or further exercise
thereof.
16. Any costs or expenses (including reasonable attorney's
fees) associated with the enforcement of the terms and conditions
of this Agreement shall be borne by the respective parties; 1,
provided, however, that this clause pertains only to the parties to
the Agreement.
17. 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.
18. Each party agrees to abide by all laws, orders, rules and
regulations which relate to or affect the procurement, award of
contracts, installation and maintenance of Canal, pavement, curbing
and guardrail.
19. The parties to this Agreement shall not be deemed to
assume any liability for the negligent or wrongful acts, or
omissions of the other party. Nothing contained herein shall be
construed as a waiver, by either party, of the liability limits
established in Section 768.28, Florida Statutes.
20. Each party will promptly notify the other of any citizen
complaint, claim, suit, or cause of action threatened or commenced
against it which arises out of or relates, in any manner, to the
performance of this Agreement.
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CITY OF BOYNTON BEACH CONGRESS AVENUE BEAUTIFICATION
21. The parties expressly covenant and agree that in the
event either party is in default of its obligations under this
Agreement, the party not in default shall provide to the defaulting
party thirty (30) days written notice exercising any of its rights.
22. 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 constraint, be construed more severely against
one of the parties than the other.
23. A copy of this Agreement shall be filed with the Clerk of
the Circuit Court in and for Palm Beach County, Florida.
24. This Agreement shall take affect upon execution and the
effective date shall be the date of execution.
(INTENTIONALLY LEFT BLANK)
a
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CITY OF BOYNTON BEACH CONGRESS AVENUE BEAUTIFICATION
IN WITNESS WHEREOF, the parties have executed this Agreement
and it is effective on the date first above written.
CITY OF BOYNTON BEACH
O
tg SEA ci a CITY OF BOYNTON BEACH,
y : 0 E-: BY ITS CITY COMMISSION
ATThui3
/ / IIlIllI1Il1% \\ ��
By : By: - r/
� TY CLERK MAYOR
APPROVED AS TO FORM AND LEGAL SUFFICIENCY
BY: ,1
C Y ATTO•
PALM BEACH COUNTY
(COUNTY SEAL) PALM BEACH COUNTY, FLORIDA, BY ITS
BOARD OF COUNTY COMMISSIONERS
ATTEST:
Board of County Con missioners
DOROTHY H. WILKEN, CLERK
By: , ` By:/ /4-1%( --_--,___
DEPUTY CLERK CHAIRMAN
APPROVED AS TO FORM AND LEGAL SUFFICIENCY R9 1313
SEP 1 5 1998
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' BY: � , _�.,�� ss,
ASSISTANT COUNTY ATTORNEY ;'i Q y y
• COUNTY ;
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H: \... \JAT \97- 98.LSC \AGR- FRMA.BOY (March 5, 1998) �
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