R98-12BRESOLUTION NO,
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 AGREEMENT
FOR CITY OF BOYNTON BEACH CONGRESS AVENUE
BEAUTIFICATION BETWEEN THE CITY OF BOYNTON
BEACH AND PALM BEACH COUNTY, IN THE AMOUNT
OF $40,000; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City is undertaking the installation of beautification
improvements, along Congress Avenue from Hyplouxo Road to Miner Road; and
WHEREAS, these improvements will be installed along the County's
Congress Avenue right-of-way; 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 for fifty percent (50%) or a maximum of
$40,000 to the City for the installation of the improvements, which improvements will
be maintained by the City;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The City Commission of the City of Boynton Beach hereby
authorizes and directs the Mayor and City Clerk to execute the Financial Assistant
Agreement for City of Boynton Beach Congress Avenue Beautification program; a
copy of the agreement being attached hereto as Exhibit "A."
Section 2. This Resolution shall become effective immediately upon
passage.
PASSED AND ADOPTED this ~,~ day of January, 1998.
ATTEST:
Cit~ Clerk
CITY OF BOYNTON BEACH, FLORIDA
Commissi.c~ner ~ / ~.- _~)
Commissioner
Commissioner
s:ca\reso~ag.r~e~,~{~l~ress Aqvenue Beautification
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CITY OF BOYNTON BEACH CONGRESS AVENUE BEAUTIFICATION
1 FINANCIAL ASSISTANCE AGREEMENT FOR CITY OF BOYNTON BEACH
2 CONGRESS AVENUE BEAUTIFICATION
R9R "347 D
3 THIS INTERLOCAL AGREEMENT is made and entered into this
MAR 1 7 1998
4 day of , 1998, by and between the CITY OF BOYNTON
5 BEACH, a municipal corporation of the State of Florida, hereinafter
6 "CITY ", and PALM BEACH COUNTY, a political subdivision of the State
7 of Florida, hereinafter "COUNTY ".
8 W I T N E S S E T H:
9 WHEREAS, the CITY is undertaking the installation of
10 beautification improvements, hereinafter "improvements ", along
11 Congress Avenue from Hypoluxo Road to Miner Road; and
12 WHEREAS, these improvements will be installed along the
13 County's Congress Avenue right -of -way; and
14 WHEREAS, the COUNTY believes that such efforts are in the best
15 interest of the CITY and the COUNTY and therefore wishes to support
16 that effort by providing a reimbursement contribution for fifty
17 percent (50 %) or a maximum of FORTY THOUSAND and 00 /100 DOLLARS
18 ($40,000.00) to the CITY for the installation of the improvements;
19 and
20 WHEREAS, after installation, the CITY will be responsible for
21 the maintenance of the improvements; and
22 WHEREAS, the CITY and COUNTY now wish to enter into an
23 agreement to provide for the COUNTY's contribution toward the
24 funding of the improvements; and
25 WHEREAS, the COUNTY has established funding in its budget to
26 fund this request.
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CITY OF BOYNTON BEACH CONGRESS AVENUE BEAUTIFICATION
1 NOW, THEREFORE, in consideration of the mutual covenants,
2 promises, and agreements herein contained, the parties agree as
3 follows:
4 1. The COUNTY grants to the CITY an amount not to exceed
5 FORTY THOUSAND and 00 /100 DOLLARS ($40,000.00), or fifty percent
6 (50 %), whichever is less, of the cost of the initial installation,
7 to be used exclusively for beautification along Congress Avenue
8 from Hypoluxo Road to Miner Road, hereinafter "Project ".
9 2. The COUNTY agrees to pay the CITY the amount established ,
10 in paragraph 1 above for costs associated with installation of
11 landscaping and /or irrigation for the project and excludes any
12 costs associated with permitting, design fees, other professional
13 fees, printing, maintenance and hardscape improvements (curb, paver
14 bricks, etc.). An exception is that reimbursable costs may include
15 the maintenance costs for an establishment period not to exceed 180 "
16 days from the date of original installation. Where necessary, tree
17 grates may also be considered as a matching cost. After the
18 COUNTY's final inspection of the project, the CITY shall furnish
19 the Assistant County Engineer of the COUNTY's Department of ,
20 Engineering and Public Works with requests for payment supported by
21 invoices or such other documentation which is acceptable in form
22 and detail to the COUNTY to provide for verification that the
23 1 services and /or materials have been performed and received by the
24 ' € CITY. Any in -kind materials and /or labor which is included as part
25 of the matching costs must be reasonably documented. Also, with
26 ; the final request for payment, the CITY agrees to provide a
27 , statement that the CITY has provided, or will provide by a date
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CITY OF BOYNTON BEACH CONGRESS AVENUE BEAUTIFICATION
1 certain, Beautiful Palm Beaches, Inc. with five photographic slides
2 of the completed project.
3 3. The COUNTY shall have no obligation to the CITY or any
4 other entity or person in excess of the amount provided in
5 Paragraph 1.
6 4. The CITY agrees to assume all responsibility for design,
7 bidding, contract preparation, and contract administration for the
8 Project, including payment(s) to contractor(s), pursuant to all
9 applicable state and COUNTY laws and CITY regulations. The CITY
10 agrees to install the improvements substantially in accordance with
11 the plans, specifications and costs as submitted in the July, 1996
12 application package to Beautiful Palm Beaches, Inc. Otherwise, Palm
13 Beach County will have the final determination of the eligibility
14 for reimbursement of any changes. Substantial variations from the
15 submitted plans shall require prior written approval from the
16 County Engineer's Office. The final permit drawings must be signed
17 and sealed by a Florida registered Landscape Architect experienced
18 in roadway planting and familiar with the COUNTY's Streetscape
19 Standards Manual, and shall comply with the COUNTY's permitting
20 requirements.
21 5. The CITY will obtain or provide all labor and materials
22 necessary for the installation of improvements under the Project.
23 The minimum requirement for plant stock is Florida Grade Number 1
24 , or better and must be so specified on plans, as per Florida
25 r; Department of Agriculture Consumer Services Grades and Standards
26 for Nursery Plants (most current edition). This requirement is
27 subject to inspection by a designee of the Assistant County
28 ! Engineer (such as the County Forester) . Palm Beach County will have
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CITY OF BOYNTON BEACH CONGRESS AVENUE BEAUTIFICATION
1 the final determination of eligibility for reimbursement in terms
2 of this requirement being met.
3 6. The CITY agrees to be responsible for maintenance of the
4 beautified areas following the installation of these improvements.
5 7. The CITY shall be solely responsible for obtaining and
6 complying with all necessary permits, approvals, and authorizations
7 from any federal, state, regional, or COUNTY agency which are
8 required for the construction, or for the subsequent maintenance,
9 of the project.
10 8. All installation of these improvements shall be completed
11 and final invoices submitted to the COUNTY no later than August 31,
12 1998, and the COUNTY shall have no obligation to the CITY or any
13 [ other entity or person for any cost incurred thereafter. Also, as
14 f stated in the application package, any work performed prior to the
15 1', County's allocation of these funds on November 19, 1996, is not
16 considered eligible for reimbursement under this Agreement.
17 9. The CITY recognizes that it is an independent contractor,
18 and not an agent or servant of the COUNTY or its Board of County
19 Commissioners. In the event a claim or lawsuit is brought against
20 !, the COUNTY, its officers, employees, servants or agents, the CITY
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21 hereby agrees to indemnify, save and hold harmless the COUNTY, its
22 I officers, employees, servants or agents and to defend said persons
23 ! from any such claims, liabilities, causes of action and judgments
24 of any type whatsoever arising out of or relating to the existence
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25 ° of the improvements or the performance or operation of this
26 , Agreement, to the extent permitted by law. The CITY agrees to pay
27 ° all costs, attorney's fees and expenses incurred by the COUNTY, its
28 !I officers, employees, servants or agents in connection with such
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CITY OF BOYNTON BEACH CONGRESS AVENUE BEAUTIFICATION
1 claims, liabilities or suits. Furthermore, the CITY stipulates
2 that the extent of the COUNTY's liability pursuant to this
3 Agreement shall be limited solely to its aforementioned payment
4 obligation. Nothing contained herein, however, shall act as a
5 waiver of any of the CITY or COUNTY's immunities provided for in
6 Section 768.28, Florida Statutes.
7 10. In the event of termination, the CITY shall not be
8 relieved of liability to the COUNTY for damages sustained by the
9 ' COUNTY by virtue of any breach of the contract by the CITY and the
10 COUNTY may withhold any payment to the CITY for the purpose of set-
11 off until such time as the exact amount of damages due the COUNTY
12 is determined.
13 11. The COUNTY and the CITY agree that no person shall, on
14 the grounds of race, color, sex, national origin, sexual
15 ' orientation, handicap or religion be excluded from the benefits of,
16 , or be subjected to any form of discrimination under any activity
17 ' carried out by the performance of this Agreement.
18 12. All notices required to be given under this Agreement
19 : shall be addressed to:
20 COUNTY
21 Palm Beach County Department of
22 Engineering and Public Works
23 Attn: Assistant County Engineer
24 Post Office Box 21229
25 West Palm Beach, Florida 33416 -1229
26 1 CITY
27 John Wildner, Parks Superintendent
28 CITY of Boynton Beach
29 ' 100 East Boynton Beach Boulevard
30 '; Boynton Beach, Florida 33435
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CITY OF BOYNTON BEACH CONGRESS AVENUE BEAUTIFICATION
1 13. The parties agree that this document sets forth the
2 entire agreement between the parties, and that there are no
3 promises or understandings other than those stated herein. None of
4 the provisions, terms, and conditions contained in this Agreement
5 ; may be added to, modified, superseded or otherwise altered except
6 " by written instrument executed by the parties hereto.
7 14. In the event that any portion of this Agreement shall be
8 held invalid for any reason, such invalidity shall not affect the
9 remaining portions of this Agreement and the same shall remain in
10 full force and effect.
11 15. This Agreement will be governed by the laws of the State
12 of Florida.
13 (INTENTIONALLY LEFT BLANK)
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CITY OF BOYNTON BEACH CONGRESS AVENUE BEAUTIFICATION
1 IN WITNESS WHEREOF, the parties have executed this Agreement
2 and it is effective on the date first above written.
0 01 I II11 N
3 ���� v,oY NT p4 /ii CITY OF BOYNTON BEACH
4 . SEALPo\ n : CITY OF BOYNTON BEACH,
5 - U '� BY ITS CITY COMMISSION
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6 AT T�b� L OR� OP
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7 BY: ;/i t _ •re A.A___.0 By:
8 rJ TY CLERK MAYOR
9
10 APPROVED AS TO FORM AND LEGAL SUFFICIENCY
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11 . BY:/ 14%1Lr /L t 1,+E,
12 ± CITY AT ORNEY
13 PALM BEACH COUNTY
14 (COUNTY SEAL) PALM BEACH COUNTY, FLORIDA, BY ITS
15 ' BOARD OF COUNTY COMMISSIONERS
16 d ATTEST:
HOARD OF COUNTY COMMISSIONERS
17 DOROTHY H. WILKEN, CLL.AN .....
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18 • Y • •
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R98 347 D
19 != By: . ; _ / 8
20 ; Ij PUTY CLERK.. . Lo ut9 • j� : '' • IRMAN
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21 ! APPROVED AS TO FORM LC=$L•
22 1 By : /' rih l 1 "gior//_
23 ASS'STANT COUNTY ATTORNEY
24 H : \... \JAT \97- 98.LSC \AGR- FRM.BOY (January 8, 1998)
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