R01-164RESOLUTION NO. ROI-
A RESOLUTION OF THE C1TY COMMISSION Of THE C1TY
OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND
DIRECTING THE MAYOR AND C1TY CLERK TO EXECUTE
AN FINANCIAL ASSISTANCE AGREEMENT FOR ClTY OF
BOYNTON BEACH CONGRESS AVENUE BEAUI-[FICAI-[ON
IMPROVEMENTS, BETWEEN THE ClTY OF BOYNTON
BEACH AND PALM 'BEACH COUNTY; AND PROVIDING
AN EFFECTtVE DATE.
WHEREAS, the City is undertaking the
improvements, including, but not limited to, landscaping and irrigation, on
County's Congress Avenue from Old Boynton Road to Quantum Boulevard; and
installation of beautification
the
WHEREAS, the County believes that such efforts are in the best interest of
:he City and the County and therefore wishes to support those efforts by providing a
reimbursement contribution for filLy percent (50%) of the cost of improvements,
such contribution not to exceed a maximum of ONE HUNDRED THIRTY SEVEN
THOUSAND THREE HUNDRED FORTY NINE and no/100 DOLLARS ($137,349.00) to
the City for the installation of the improvements; and
WHEREAS, during and alter installation, the City will be responsible for the
maintenance of the improvements;
NOW, THEREFORE, BE iT RESOLVED BY THE CZTY COF4t4ZSSION OF
THE CI"TY OF BOYNTON BEACH, FLORZDA, THAT:
Section 1. The City Commission of the City of Boynton Beach, Florida ,
upon recommendation of staff, herebY authorizes and directs the Mayor and City
Clerk to execute an Financial Assistance Agreement, providing for beautification
improvements, including bUt not limited to landscaping and irrigation along date to
Congress Avenue from Old Boynton Road to Quantum Boulevard, which Agreement
is attached hereto as Exhibit "A".
Section 2. That this Resolution shall become effective immediately upon
)assage.
PASSED AND ADOPTED this I'7 day of April, 2001.
CTTY FLORTDA
::orporate Seal)
The City of
Boynton Beach
City Clerk's Office
I00 E. Boynton Beach Boulevard
P.O. Box 310
Boynwn Beach, Florida 33425-0310
(561) 742-6060
FAX: (561) 742-6090
April 26, 2001
At[n: Mgr. Median Beautification Section
Palm Beach County
Department of Engineering & Public Works
P. O. Box 21229
West Palm Beach, FL 33416-1229
RE: Resolution R01-164 and odginal agreements
Dear Manager:
At[ached please find the above mentioned resolution and two original partially signed
agreements.
Please return one document to me after it has been signed for our Central Files.
If you have any questions, please do not hesitate to contact me.
Sincerely,
CITY OF BOYNTON BEACH
J,~/NET M. RAINITO, CMC
~TY CLERK
"An Equal Opportunity/Affirmative Action/ADA Employer"
U Cl /
Re
CITY OF BOYNTON BEACH CONGRESS AVENUE BEAUTIFICATION
1 FINANCIAL ASSISTANCE AGREEMENT FOR CITY OF BOYNTON BEACH
2 CONGRESS AVENUE BEAUTIFICATION IMPROVEMENTS
82001 1001 JUL 102001
3 THIS INTERLOCAL AGREEMENT, is made and entered into this day of
4 , 2001, by and between the CI TY OF BOYNTON BEACH, a n►unicipal corporation oldie
5 State of Horida, hereinafter "CITY ", and PALM BEACH COUNTY, a political subdivision of the
i
6 ; State of Florida, hereinafter "COUNTY."
7 WI'TNESSETH:
8 WHEREAS, the CITY is undertaking the installation of beautification improvements,
9 including, but not limited to, landscaping and irrigation, on the COUNTY 's Congress Avenue from
10 ; Old Boynton Road to Quantum Boulevard, hereinafter "IMPROVEMENTS "; and
11 WHEREAS, the COUNTY believes that such efforts are in the best interest ofthe CITY and
12 the COUNTY and therefore wishes to support those efforts by providing a reimbursement
13 3contribution for fifty percent (50 %) ofthe cost of improvements, such contribution not to exceed
14 is maximum of ONE HUNDRED THIRTY SEVEN THOUSAND THREE; H INDRE D FOR'T'Y
15 ININE and 00 /100 DOLLARS ($137,349.00) to the CTI Y for the installation of the
16 I (IMPROVEMENTS; and
17 WHEREAS, during and after installation, the CITY will be responsible for the maintenance
18 I loftlte IMPROVEMENTS; and
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19 WHEREAS, the CITY and COUNTY now wish to enter into an agreement to provide for
20 the CITY'S and the COUNTY'S obligations as set forth herein; and
21 NOW, THEREFORE, in consideration of the mutual covenants, promises, and agreements
22 i terein contained, the parties agree as follows:
23 1 The above recitations are true, correct, and are incorporated herein.
24 ' ; 2. The COUNTY agrees to reimburse the CITY for 50% of the costs of the
25 1IMPROVEMENTS, not to exceed a maximum amount of ONE HUNDRED) TIHIRTY SEVEN
26 ! jf HOUSANDTHREE HUNDRED FORTY NINE and 00 /100 DOLLARS ($137,349.00), whichever
27 is less, of the cost for the initial installation, to be used exclusively for the IMPROVEMENTS.
28 3. The CO[1NTY agrees to pay the CITY the amount established in paragraph 2 above
29 I for costs associated with installation ofthe IMPROVEMENTS. This amount shall exclude any costs
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CITY OF EOYNTON BEACH CONGRESS AVENUE BEAUTIFICATION
for costs associated with installation of the IMPROVEMENTS. This amount shall exclude any costs
associated with permitting, design fees, other professional fees, construction administration,
maintenance and hardscape improvements (curb, paver bricks, etc.). An exception is thal~
reimbursable costs may include the maintenance costs for an establishment period not to exceed 18(~
days from the date of original installation. Where approved by the COUNTY, tree grates may alsoi
be considered as an eligible cost.
The COUNTY shall have no obligation to the CITY or any other entity or person it~
excess of the mnount provided in paragraph 2.
5. The CITY agrees to assume all responsibility for design, obtaining all required{
permits, contract preparation, bidding, and contract administration for the IMPROVEMENTS,~
including payment(s) to contractor(s), pursuant to all applicable STATE and COUNTY laws anc~
CITY regulations. The CITY agrees to install the IMPROVEMENTS substantially in accordancei
with the plans, specifications and costs as submitted in the June 2000 application package to Keep{
Palm Beach County Beautiful, Inc. The COUNTY will have final determination of the eligibitityi
for reimbursement of any changes. Substantial variations from the submitted plans shall require priorl
written approval from the County Engineer's Office. The final permit drawings must be signed andl
sealed by a Florida Registered Landscape Architect experienced in roadway planting and familiad
with the COUNTY'S Streetscape Standards Manual, and shall comply with COUNTY'S permittingi
requirements.
6. The CITY will obtain or provide all labor and materials necessary for the installationl
of the IMPROVEMENTS. The minimum requirement for plant stock is Florida Grade Number 1 orl
better, as per Florida Department of Agriculture Consumer Services Grades and Standards fori
Nursery Plants (most current edition) and must be so specified on plans and specifications. Thisl
requirement is subject to inspection by a designee of the Assistant Corn
will have the final determination of eligibility for reimbursement in ten
met. The CITY shall furnish to the Assistant County Engineer of the
Engineering and Public Works with a request for payment supported
a. A statement from a Florida Registered Landscape Architect
~ty Engineer. The COUNTY
ts of this requirement being
,'OUNTY'S Department of,
~y the following:
that the IMPROVEMENTS
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CITY OF BOYNTON BEACH CONGRESS AVENUE BEAUTIFICATION
have been inspected and were installed substantially in accordance with the approved and/on
permitted plans for the IMPROVEMENTS, and;
b. A project closeout summary supported by paid invoices, checks, or other such
documentation which is acceptable in form and detail to the COUNTY to provide fo~
verification that the services and/or materials have been performed and/or received and paid
for by the CITY. Any in-kind materials and/or labor which is included as part of the costs
must be reasonably documented, including payroll documentation.
7. As it relates to this Agreement, the COUNTY may initiate a financial system analysis~
and/or internal fiscal control evaluation of the CITY by an independent auditing firm employed b~
the COUNTY or by the County Internal Audit Department at any time the COUNTY deemsl
necessary. The CITY shall maintain adequate records to justify all charges, expenses, and costs
incurred for at least three (3) years after final payment by the COUNTY.
8. The CITY agrees to replace any failed or improper materials, with the appropriat~
required materials in order to maintain the IMPROVEMENTS in accordance with the approved
and/or permitted plans and specifications or as required by the COUNTY due to changes ir~
conditions.
9. The CITY agrees to be responsible for maintenance of the IMPROVEMENTS during
and following the installation, including providing any water and electricity necessary for irrigation~
and shall be solely responsible for obtaining and complying with all necessary permits, approvals,i
and authorizations which are required for the maintenance of the IMPROVEMENTS.
10. All installation of these IMPROVEMENTS shall be completed and final invoicest
submitted to the COUNTY no later than September 30, 2002, and the COUNTY shall have nol
obligation to the CITY or any other entity Or person for any cost incurred thereafter. Also. as statedi
in the application package, any work performed prior to the COUNTY'S allocation of these funds!
on December 19, 2000, is not considered eligible for reimbursement under this Agreement.
11. The CITY recognizes that it is an independent contractor, and not an agent or servantl
of the COUNTY or its Board of County Commissioners. The CITY agrees, to the extent permittedi
by law, to indemnify, save and hold harmless the COUNTY, its officers, employees, servants or,
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agents and to defend said persons from any such claims, liabilities, causes of action and judgements~
of any type Whatsoever arising out of or relating to the procurement, installation, existence, or
maintenance of the IMPROVEMENTS or any item which is the responsibility of the CITY as the
above may relate to this Agreement. The CITY agrees to pay all costs, fees; and expenses incurred
by the COUNTY, its officers, employees, servants or agents in connections with such claims;
liabilities or suits except as may be incurred due to the negligence of the COUNTY as it relates to
the funding which is the responsibility of the COUNTY pursuant to this Agreement.
12. The CITY shall, at all times during the term of this Agreement maintain in force its~
status as an insured municipal corporation.
13. 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 COUNTY shall be included in the coverage as an additional
insured.
c. A payment and performance bond for the total amount of the improvements in
accordance with Florida Statute 225.05.
14. In the event of termination, 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 thei
CITY and the COUNTY may withhold any payment to the CITY for the purpose of set-off untill
such time as the exact amount of damages due the COUNTY is determined. In the event the CITYI
maintenance obligation for the IMPROVEMENTS under this Agreement, it shall!
discontinues
its
be the obligation of the CITY to restore, if necessary the- area of the IMPROVEMENTS to al
c°nditi°n acceptable t° the County Engineer, which shall be in accordance '~lith applicable Federal'ii .
State and COUNTY standards. In the event the CITY fails to restore the area of the
IMPROVEMENTS to a condition acceptable to the County Engineer, the COUNTY may undertake
such restoration and the CITY shall be liable for the costs of such restoration. Also failure by the
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CITY OF BOYNTON BEACH CONORESS AVENUE BEAUTIFICATION
CITY to meet its obligations, including maintenance obligations under this agreement, shall resull
in the CITY, being required to re-pay the COUNTY its reimbursement contribution under this
agreement.
15. The COUNTY and the CITY agree that no person shall, on the grounds of race, color!
gender, national origin, ancestry, martial status, sexual orientation, disability,or religion be excluded
from the benefits of, or be subjected to any form of discrimination under any activity carried out bY
the performance of the Agreement.
16. In the event that any section, paragraph, sentence, clause or provision hereof is helc~
invalid by a court of competent jurisdiction, such holding shall not affect the remaining portions ol
this Agreement and the same shall remain in full force and effect.
17. All notices required to be given under this Agreement shall be addressed to:
COUNTY
Palm Beach County Department of
Engineering and Public Works
Attn: Manager, Median Beautification Section
Post Office Box 21229
West Palm Beach, Florida 33416-1229
CITY
Mr. John Wildner, Parks Director
City of Boynton Beach
100 East Boynton Beach Boulevard
Boynton Beach, FL 33435
An additional notice shall be addressed to:
Ms. Barbara J. Meacham, Parks & Landscape Planner
City of Boynton Beach
100 East Boynton Beach Boulevard
Boynton Beach, FL 33435
(INTENTIONALLY LEFT BLANK)
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CITY OF BOYNTON BEACH CONGRESS AVENUE BEAUTIFICATION
18. This Agreement will be governed by the laws of the State of Florida.
legal action necessary to enforce this Agreement shall be held in Palm Beach County.
Any and alli
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 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 exercis~
by any party of any right, power, or remedy shall preclude any other or further exercise thereof.
19. 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;i
provided, however, that this clause pertains only to the parties to the Agreement.
20. Except as expressly permitted herein to the contrary, no modification, amendment,i
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.
21. Each party agrees to abide by all laws, orders, rules and regulations and the CITY will
comply with all applicable govemmental landscaping codes and/or requirements in the installation,!
maintenance and replacement of the IMPROVEMENTS.
22. The parties to this Agreement shall not be deemed to assume any liability for thei
negligent or wrongful acts, or omissions of the other party. Nothing contained herein shall b~
construed as a waiver, by either party, of the liability limits established in Section 768.28, Floridat
Statutes.
23. The CITY will promptly notify the COUNTY of any lawsuit- related complaint,
claim, or cause of action threatened or commenced against it which arises out of or relates, in anyl
manner, to the performance of this Agreement.
24. The parties expressly covenant and agree that in the event either party is in defaulti
of its obligations under this Agreement, the party not in default shall provide to the defaulting partyi
thirty (30) days written notice before exercising any of its rights.
25. 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.
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26. 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.
27. A copy of this Agreement shall be filed with the Clerk of the Circuit Court in and for
Palm Beach County, Florida.
28. This Agreement shall take affect upon execution and the effective date shall be the
date of execution.
(INTENTIONALLY LEFT BLANK)
CITY OF BOYNTON BEACH CONGRESS AVENUE BEAUTIFICATION
1 IN WITNESS WHEREOF, the parties have executed this Agreement and it is effective on
2 the day first above written.
R20 1 Inn i JUL 102081
3 PALM BEACH COUNTYO'RIDA, BY CITY OF BOYNTON BEACH,
4 ITS BOARD OF OUNTY COMMISSIONERS BY ITS CITY COMMISSION
5 By: By:
6 WARRE H. NEWELL,CHAIRMAN MAYOR
7 (COUNTY SEAL) ` �C1TY
8 ATTEST:
U e �, , •` �� ems
9 DOROTHY H. WILKEN, CLERK :' P�, BE ••? ' •�r�F €� .
Q ti �'
Board County Comm lo rt.( C OUN T Y
10 1, f ' __— 01/ IG.� '�, FLORIDA ?= By: Y/ �/
11 " DEPUTY CLERK t h,; `•• - -. . `a_ CJ CITY CLERK
tt thttmtcz. � ""�
12 APPROVED AS TO FORM AND APPROVED AS TO FORM AND
13 LEGAL SUFFICIENCY LEGAL SUFFICIENCY
14 By: / !1 t4!lrdpP By:
15 ASSI `TANT COUNTY ATTORNEY CITY ATTORNEY
16 F: \TRAFFIC \JTW\KPBCB2001 \AGR -BB CONG.DOC
1 7 1 BY: i � I'' ' f " ,
APPROVED AS TO �� : AND
CONDITIONS .
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