R08-138
1 RESOLUTION NO. R08- \.3> <z>
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4 A RESOLUTION OF THE CITY COMMISSION OF
5 BOYNTON BEACH, FLORIDA, APPROVING AND
6 AUTHORIZING THE MAYOR TO EXECUTE
7 AMENDMENT NO.1 TO THE AGREEMENT BETWEEN
8 THE CITY OF BOYNTON BEACH AND THE BOYNTON
9 BEACH COMMUNITY REDEVELOPMENT AGENCY
10 TO PROVIDE FOR THE INSTALLATION OF PUBLIC
11 IMPROVEMENTS ON SOUTHEAST 4TH STREET; AND
12 PROVIDING AN EFFECTIVE DATE.
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15 WHEREAS, on February 7, 2006, the City and CRA entered into an Interlocal
16 Agreement for the purpose of sharing the costs of various improvements along SE 4th Street
17 corridor from Southeast 2nd A venue to Southeast I ih A venue which improvements are located
18 within the boundaries of the CRA; and
19 WHEREAS, some features were eliminated from the project scope either for cost or
20 constructability reasons while a noteworthy addition to the scope of work is the design of a
21 12-inch diameter reclaimed water main through the project area as part of the City's Phase I
22 reclaimed water main improvements; and
23 WHEREAS, the CRA and City have agreed to the cost-sharing strategy depicted in
24 Table I of the Agreement; and
25 WHEREAS, the City Commission of the City of Boynton Beach, upon
26 recommendation of staff, deems it to be in the best interests of the residents and citizens of the
27 City of Boynton Beach to approve Amendment No. I to the Interlocal Agreement between the
28 City of Boynton Beach and Boynton Beach Community Redevelopment Agency to provide
29 for the installation of public improvements on Southeast 4th Street.
30 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
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THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
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Section I.
Each Whereas clause set forth above IS true and correct and
3 incorporated herein by this reference.
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Section 2.
The City Commission of the City of Boynton Beach, Florida does
5 hereby approve and authorize the Mayor to execute Amendment No. I to the Interlocal
6 Agreement between the City of Boynton Beach and the Boynton Beach Community
7 Redevelopment Agency to provide for the installation of public improvements on Southeast
84th Street, a copy of said Agreement is attached hereto as Exhibit "A".
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Section 3.
That this Resolution shall become effective immediately upon passage.
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PASSED AND ADOPTED this ~ day of November, 2008.
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27 ATTEST:
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'cal~ILA with CRA SE 4TH STREETAmendment No l.doc
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AMENDMENT NO.1 TO THE INTERLOCAL AGREEMENT BETWEEN THE CITY
OF BOYNTON BEACH AND THE CITY OF BOYNTON BEACH COMMUNITY
REDEVELOPMENT AGENCY TO PROVIDE FOR THE INSTALLATION OF A
PUBLIC IMPROVEMENTS ON SOUTHEAST 4TH STREET
THIS AGREEMENT, made and entered into on the
200Bby and between:
ctt:L
day of ~/l-
CITY OF BOYNTON BEACH, FLORIDA
a Florida municipal corporation
100 E. Boynton Beach Boulevard
Boynton Beach, Florida 33425
(hereinafter referred to as "CITY")
AND
CITY OF BOYNTON BEACH
COMMUNITY REDEVELOPMENT AGENCY,
a Public Agency of the State of Florida
915 South Federal Highway
Boynton Beach, Florida 33435
(hereinafter referred to as "CRA")
WIT N E SSE T H:
WHEREAS, CITY AND CRA (the "Parties") desire to install public improvements,
including, but not limited to on-street parking, sidewalks, storm water drainage, streetlights,
water, and landscaping within the right of way for Southeast 4th Street from Southeast I ih
Avenue to Southeast 2nd Avenue (the "Improvements"), which public improvements are located
within the boundaries of the CRA; and
WHEREAS, the Parties have negotiated and desire to enter into an Interlocal Agreement
("Agreement") for the Parties to share in the cost of design, installation, and construction of the
Improvements (the "Project"); and
WHEREAS, the Improvements are to be designed, installed and constructed pursuant to
Amendment No. 1 to Task Order No. U04-16-02 with PBS&J ("Amendment 1") and subsequent
amendments; and
WHEREAS, CITY and CRA have determined that it is mutually beneficial and in the best
interests of the citizens and residents of both cities to enter into this Agreement; and
WHEREAS, Part I of Chapter 163, Florida Statutes, as amended (the "Interlocal
Cooperation Act"), permits the Governmental Units, as public agencies under the Interlocal
Cooperation Act, to enter into interlocal agreements with each other to authorize one governmental
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party to exercise, on behalf of the other governmental unit, jointly held powers, privileges or
authorities which each such Governmental Unit shares in common and which each might exercise
separately, permitting the Governmental Units to make the most efficient use of their power by
enabling them to cooperate on a basis of mutual advantage and thereby provide services and
facilities in a manner and pursuant to forms of governmental organization that accords best with
geography, economy, population and other factors influencing the needs and development of such
Governmental Units; and
WHEREAS, this Interlocal Agreement will become effective upon filing with the Clerk of
the Court in the Fifteenth Judicial Circuit in accordance with the provisions of the Interlocal
Cooperation Act; and
WHEREAS, CITY hereby represents to CRA that it has the authority, pursuant to the
Interlocal Cooperation Act, to execute any and all documents necessary to effectuate and to
implement the terms of this Agreement; and
WHEREAS, CRA hereby represents to CITY that it has the authority, pursuant to the
lnterlocal Cooperation Act, to execute any and all documents necessary to effectuate and to
implement the terms of this Agreement; and
NOW, THEREFORE, FOR AND IN CONSIDERATION of the mutual covenants and
agreements hereinafter set forth, the Parties hereto agree as follows:
Section 1. RECIT ALS
1.01 The above recitals are true and correct and are incorporated herein.
Section 2. TERM OF AGREEMENT
2.01 This Agreement shall be effective upon the approval of both parties and shall terminate at
the conclusion of the Project. This Agreement may be terminated pursuant to Section 9 of this
Agreement.
2.02 This Agreement shall not be binding on the CRA until the Community Redevelopment
Plan is amended to reflect the CRA'S involvement in this project.
2.03 At the conclusion of the Project, the Parties acknowledge and agree that the CITY shall
own, and be responsible for the maintenance and liability associated with the Improvements.
Section 3. COMPENSATION
3.01 The Parties agree that the cost for the Project shall be shared by the Parties in accordance
with the terms of this Agreement. The cost of the Project includes all architectural,
engineering, construction, and consulting fees associated with the planning, construction,
and completion of the Project. The estimated costs, and cost sharing for the engineering
and construction of the Project shall be as follows:
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TABLE 1
Potential Net
Description Cost Grant Outlay CRA Share City Share
After
Funds Grants
Construct all water,
storm water, sewer laterals,
sidewalks, curbs, medians, $4,750,952 $995,663 $3,755,288 $1,123,000 $3,718,802
pavement and conduits for
future lighting
Additional cost to expand
construction from SE 2nd
Ave. to Ocean Ave.-
including landscaping in
center median and along $300,000 0 $300,000 $150,000 $150,000
west side only; center median lights; replacement
of FPL poles, and new
sidewalk along west side.
TOTAL $5,050,952 $995,663 $4,055,288 $1,273,000 $3,868,802
3.02 Upon completion of portions of the Project, CRA shall pay CITY the CRA's share of the
costs of construction. Payments shall be made according to a schedule of payments set
forth in the contract(s) entered into by the CITY and upon written certification with
supporting documentation by the CITY, that the task or tasks required of the
contractor(s), as appropriate, for the requested progress payments have been successfully
completed. Payments shall be made by the CRA no later than fourteen (14) days after
receipt of an invoice and the supporting documentation from the CITY. Said payments
will be made payable to the City of Boynton Beach and mailed to Attn: Finance
Department, City of Boynton Beach, 100 E. Boynton Beach Boulevard, Boynton Beach,
Florida 33425. In the event of any dispute between the CITY and consultant(s) or
contractor(s) over the right to receive all or any payments under the contract(s), the CRA
shall comply with the direction of the CITY and shall be indemnified by the CITY as set
forth in Section 6 below.
Section 4. DUTIES AND RESPONSIBILITIES OF CITY
4.01 CITY shall be responsible for preparing contract documents, advertising for bids for the
Project, selecting the contractor to construct the Project, supervising the Project, and
insuring completion of the Project in accordance with the description of the Project as
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contained in Exhibit "A" which is attached hereto and incorporated herein by reference.
The CITY shall provide the CRA with copies of all executed contracts in connection with
the Project and shall keep the CRA regularly informed as to its progress.
4.02 CITY will make available appropriate staff to work with CRA staff in the planning and
construction of the Project. It is further understood and agreed that, nothwithstanding the
CRA's participation in the planning of the Project and providing assistance in overseeing
the construction of the Project, the CITY retains all responsibility for compliance with the
terms and provisions of the various design and construction contracts as the Project
moves forward and for enforcement of the various contracts' terms as against the
consultant(s) and contractor(s).
4.03 CITY will make all payments it is responsible for making in connection with the Project
in a timely manner and will hold CRA harmless and will defend CRA against any claims
by any consultant(s) or contractor(s) that CITY has improperly failed to make required
payments under any Project contract(s), except insofar as any failure to make timely
payment is due to CRA's failure to comply with its payment obligations pursuant to this
Agreement.
Section 5. DUTIES AND RESPONSIBILITIES OF CRA
5.01 CRA will make available appropriate staff to work with CITY staff in the planning and
construction of the Project.
5.02 When requested, CRA shall provide CITY with documentation in its possession,
including, but not limited to maps, surveys, and photographs in order to assist with the
design and construction of the Project. Nothing contained herein shall require CRA to
create documentation it does not presently possess unless agreed to by the parties in
writing and included as an addendum to this Agreement.
5.03 CRA will make all payments it is responsible for making in connection with the Project
and as set forth herein in a timely manner and will hold CITY harmless and will defend
CITY against any claims made by any consultant(s) or contractor(s) that CITY has
improperly failed to make timely payment due to CRA's improper failure to comply with
its payment obligations pursuant to this Agreement.
Section 6. INDEMNIFICA TION, SOVEREIGN IMMUNITY, and INSURANCE
6.01 Without waiver of limitation as per Section 768.28(5), Florida Statutes, and to the extent
permitted by law, the CITY and CRA agree to indemnify and hold harmless each other from
any claims, losses, demand, cause of action or liability of whatsoever kind or nature that the
CITY or CRA, or either party's agents or employees mayor could incur as a result of or
emanating out of the terms and conditions contained in this Agreement, that result from
CITY's or CRA's or any consultant's or contractor's negligence or willful conduct (or that
of their respective agents or employees) or from breach of this Agreement.
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6.02 CITY and CRA shall maintain at their own cost and expense all insurance policies providing
coverage for liability protection in accordance with state law. Certificates of Insurance
reflecting evidence of the required insurance shall be filed with the CITY's Risk Manager
and with the CRA's Controller, respectively, prior to or at the time of execution of the
Agreement. These Certificates shall contain a provision that coverages afforded under these
policies will not be cancelled until at least forty-five (45) days prior written notice has been
given to the other party. Policies shall be issued by companies authorized to do business
pursuant to the laws of the State of Florida. Financial Ratings must be not less than "A-VI"
in the latest edition of "Best Key Rating Guide", published by A.M. Best Guide.
Section 7. RECORDS
7.01 CRA and CITY shall each maintain their own respective 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 for at least three (3) years after completion of the
Project.
Section 8. ASSIGNMENT
8.01 The respective obligations of the parties shall not be assigned, in whole or in part without
the written consent of the other party.
Section 9. TERMINA TIONIDEF AUL T
9.01 Prior to the Boynton Beach City Commission approving a contract for the construction of
the Project, this Agreement may be terminated by either party upon thirty (30) calendar
days written notice.
9.02 If either party fails to perform or observe any of the material terms and conditions of this
Agreement for a period of ten (10) calendar days after receipt of written notice of such
default from the other party, the party giving notice of default may be entitled, but is not
required, to seek specific performance of this Agreement on an expedited basis, as the
performance of the material terms and conditions contained herein relate to the health,
safety, and welfare of the residents subject to this Agreement. Failure of any party to
exercise its right in the event of any breach by the other party shall not constitute a
waiver of such rights. No party shall be deemed to have waived any failure to perform by
the other party unless such waiver is in writing and signed by the other party. Such
waiver shall be limited to the terms specifically contained therein. This section shall be
without prejudice to the rights of any party to seek a legal remedy for any breach of the
other party as may be available to it in law or equity.
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Section 10. COMPLIANCE WITH LAWS
10.01 CITY and CRA shall comply with all statutes, laws, ordinances, rules, regulations and
lawful orders of the United States of America, State of Florida and of any other public
authority which may be applicable.
Section 11. VENUE
11.01 Any and all legal actions necessary to enforce the terms of this Agreement shall be
conducted in the Fifteenth Judicial Circuit in and for Palm Beach County, Florida, or, if
in federal court, in the United States District Court for the Southern District of Florida.
Section 12. GOVERNING LAW
12.01 The validity, construction and effect of this Agreement shall be governed by the laws of
the State of Florida.
Section 13. ENTIRE AGREEMENT
13.01 This Agreement contains the entire understanding of the parties relating to the subject
matter hereof superseding all prior communications between the parties whether oral or
written, and this Agreement may not be altered, amended, modified or otherwise changed
nor may any of the terms hereof be waived, except by a written instrument executed by
both parties. The failure of a party to seek redress for violation of or to insist on strict
performance of any of the covenants of this Agreement shall not be construed as a waiver
or relinquishment for the future of any covenant, term, condition or election but the same
shall continue and remain in full force and effect.
Section 14. SEVERABILITY
14.01 Should any part, term or provision of this Agreement be by the courts decided to be
illegal or in conflict with any law of the State, the validity of the remaining portions or
provisions shall not be affected thereby.
Section 15. CONTRACT ADMINISTRATORS
15.01 The Contract Administrators for each party shall be as follows:
CITY:
Kofi Boateng, Utilities Director
City of Boynton Beach
124 E. Woolbright Road
Boynton Beach, FL 33435
Telephone (561) 742- 6401
Facsimile (954) 742-6298
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CRA: Lisa A. Bright, Executive Director
Boynton Beach CRA
915 South Federal Highway
Boynton Beach, FL 33435
Telephone (561) 737-3256
Facsimile (561) 737-3258
Section 16. NOTICES
16.01 Whenever either party desires to give notice to the other, such notice must be in writing
and sent by United States mail, return receipt requested, courier, evidenced by a delivery
receipt, or by overnight express delivery service, evidenced by a delivery receipt,
addressed to the party for whom it is intended at the place last specified; and the place for
giving of notice shall remain until it shall have been changed by written notice in
compliance with the provisions of this paragraph. For the present, the parties designate
the following as the respective places for giving of notice.
CITY: Kurt Bressner, City Manager
City of Boynton Beach
100 E. Boynton Beach Boulevard
Boynton Beach, FL 33425
Copy To: James A. Cherof, Office of the City Attorney
Goren, Cherof, Doody & Ezrol, P.A.
3099 East Commercial Boulevard, Suite 200
Fort Lauderdale, Florida 33308
CRA: Vivian Brooks, Assistant Director
Boynton Beach CRA
915 South Federal Highway
Boynton Beach, Florida 33435
Copy To:
James A. Cherof, Esquire
Goren, Cherof, Doody & Ezrol, P.A.
3099 East Commercial Boulevard, Suite 200
Fort Lauderdale, FL 33308
Section 17. INTERPRET A TION
17.01 This Agreement shall not be construed more strictly against one party than against the
other merely by virtue of the fact that it may have been prepared by counsel for one of the
parties.
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IN WITNESS WHEREOF, the CITY OF BOYNTON BEACH and the BOYNTON
BEACH COMMUNITY REDEVELOPMENT AGENCY have caused these presents to be
executed in their respective names by the proper officials the day and year first above written.
CITY OF BOYNTON BEACH a municipal
corporation organized and existing under the laws
of the State of Florida
By j~<T~
V' Jerry T. ylor,' ayor
)
BOYNTON BEACH COMMUNITY
REDEVELOPMENT AGENCY, a public agency
organized and existing under the laws of the State
of Florida 1 ~~
By:
Clrr~or, air
Ire
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