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R93-195RESOLUTION NO. R93-/~-- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE AN INTERLOCAL FINANCIAL ASSISTANCE AGREEMENT FOR CITY OF BOYNTON BEACH WOOLBRIGHT ROAD BEAUTIFICATION, BETWEEN THE CITY OF BOYNTON BEACH AND THE BOARD OF COUNTY COMMISSIONERS OF PALM BEACH COUNTY; WHICH AGREEMENT IS ATTACHED HERETO AS EXHIBIT "A"; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Boynton Beach is installation of beautification improvements, ~Woolbright Road right-of-way; and undertaking the on the County's WHEREAS, the City anticipates Nineueen Thousand Seven Hundred Ten ($19,710.00) Dollars from in-kind services amounting to approximately twenty percent (20%) of the effective cost of the initial installation; 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 contribution for the remaining eighty percent (80%) of Seventy-Six Thousand Two Hundred ($76,200.00) Dollars to the City for the installation of the improvement; and WHEREAS, the City and the County now wish to enter into an agreement to provide for the County's contribution of the funding of the improvements. 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 an Interlocal Agreement between the City of Boynton Beach and The Board of County Commissioners of Palm Beach County, said Agreement being attached hereto as Exhibit "A". ATTE ST: Ci~- Clerk Section 2. This Resolution shall take effect immediately upon passage. PASSED AND ADOPTED this ~ day of December, 1993. CITY OF BOY~N BEACH, FLORIDA // Co iss~r (Corporate Seal ) Authsig. WP5-Woolbright. PBC f County Administrator Lary McCarty, Chair 1 Robert Weisman Ken L. Foster, Vice Chairman gy p -(' Karen T. Marcus AGENDA ADD Carol A Roberts Warren H Newell III CONSENT AGENDA Burt Aaronson B� C.7 Maude Ford Lee C, , December 1, 1993 RECEIVED Mr. Kevin Hallahan, Forester /Environmentalist DEC 8 City of Boynton Beach CITY MANAGER'S OFFICE Recreation and Parks Department Parks Division P. 0. Box 310 Boynton Beach, Florida 33425 -0310 RE: Landscaping Agreement /Woolbright Road from S. W. 22nd Street to S. W. 18th Street. Dear-Mr. Hallahan: At the request of Commissioner Warren Newell, I am advising you of estimated time frames leading to the execution of the Woolbright Road landscaping agreement. (This agreement is attached and was previously transmitted to you by facsimile on November 22, 1993.) As you noted in our conversation, there could be an indeterminate period of time if the city's =attorney or other staff members see the need for changes to the proposed agreement. In that event, some time could be required to resolve any issues with the County staff members, including the County Attorney's office. The time frame then could be estimated from the - point at which we know we have an agreement that is mutually acceptable at the staff level. Normally, it would then be placed on an agenda for execution by the City Commission, then forwarded to us in order to be placed on an dg _ution by cue County Commission. In order expedite this, we could begin the County's agenda process, which takes about six weeks, once we know the agreement is in mutually agreeable form. This would presume that it could come before the City Commission and be executed while this six week time clock is running. If we ran into a problem with the execution by the City Commission, then it could be deleted or postponed from the County Commission agenda. "An Equal Opportunity - Affirmative Action Employer' - r••ocaO. Box 21229 West Palm Beach, Flonda 33416 -1229 (407) 684 -4000 Mr. Kevin Hallahan December 1> 1993 Page 2 Once the agreement has been executed by both commissions and the terms and conditions fully met, then reimbursement based on copies of paid invoices could occur within 30 to 45 days of receipt of those paid invoices. If you have any questions, please contact me at 684 -4010. Sincerely yours, "6/6„y G. Haney Frakes, Jr.. P. E. Assistant County Engineer GHF /mach /Hallahan.`,tr cc: ✓Scott Miller, City Manager, w /attachment Commissioner Warren Newell, w /attachment Marlene Everitt, Assistant County Attorney, w /attachment Irwin Jacobowitz, Contract Administration, OFMB, w /attachment George T. Webb, P. E., County Engineer, w /attachment Attachment: Landscaping Agreement /Woolbright Road from S, W. 22nd Street to S. W. 18th Street { l 1 RESOLUTION NO. 893 11 I A RESOLUTION OF THE CITY COMMISSION OF 11 THE CITY OF BOYNTON BEACH, FLORIDA, H AUTHORIZING AND DIRECTING THE MAYOR AND II II CITY CLERK TO EXECUTE AN INTERLOCAL FINANCIAL ASSISTANCE AGREEMENT FOR CITY II OF BOYNTON BEACH WOOLBRIGHT ROAD I BEAUTIFICATION, BETWEEN THE CITY OF BOYNTON BEACH AND THE BOARD OF COUNTY I COMMISSIONERS OF PALM BEACH COUNTY; WHICH AGREEMENT IS ATTACHED HERETO AS EXHIBIT ■ "A "; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Boynton Beach is undertaking the i, 1 installation of beautification improvements, on the County's .!Woolbright Road right -of -way; and ■ WHEREAS, the City anticipates Nineteen Thousand Seven 11 Hundred Ten ($19,710.00) Dollars from in -kind services I. ;amounting to approximately twenty percent (20 %) of the ( effective cost of the initial installation; and I j WHEREAS, the County believes that such efforts are in the best interest of the City and the County and therefore wishes into support that effort by providing a contribution for the remaining eighty percent (80 %) of Seventy -Six Thousand Two L Hundred ($76,200.00) Dollars to the City for the installation of the improvement; and 1 WHEREAS, the City and the County now wish to enter into an agreement to provide for the County's contribution of the funding of the improvements. 'I II NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 11 THE CITY OF BOYNTON BEACH, FLORIDA THAT: 1 ' I Section 1. The City Commission of the City of Boynton h Beach hereby authorizes and directs the Mayor and City Clerk to execute an Interlocal Agreement between the City of Boynton '!Beach and The Board of County Commissioners of Palm Beach County, said Agreement being attached hereto as Exhibit "A ". I/ Section 2. This Resolution shall take effect ;immediately upon passage. h f PASSED AND ADOPTED this day of December, 1993. CITY OF BOYNTON BEACH, FLORIDA � i Mayor H II Vice Mayor I: Mayor Pro Tem i I , i Commissioner l Commissioner 11 ATTEST: M II City Clerk II II (Corporate Seal) 11 1Authsig.WP5- Woolbright.PBC I I , 1 I 1 1 FINANCIAL ASSISTANCE AGREEMENT FOR CITY OF BOYNTON BEACH 2 WOOLBRIGHT ROAD BEAUTIFICATION 3 THIS INTERLOCAL AGREEMENT is made and entered into this 4 day of , 199 , by and between the CITY OF BOYNTON 5 BEACH, a municipal corporation of the State of Florida, hereinafter 6 "CITY," and the BOARD OF COUNTY COMMISSIONERS OF PALM BEACH COUNTY, 7 a political subdivision of the State of Florida, hereinafter 8 "COUNTY." 9 W I T N E S S E T H: 10 WHEREAS, the CITY is undertaking the installation of 11 beautification improvements, hereinafter "improvements ", on the 12 COUNTY's Woolbright Road right -of -way; and 13 WHEREAS, the CITY anticipates NINETEEN THOUSAND SEVEN HUNDRED 14 TEN and 00 /100 DOLLARS ($19,710.00) from in -kind services amounting 15 to approximately twenty percent (20 %) of the effective cost of the 16 initial installation; and 17 WHEREAS, the COUNTY believes that such efforts are in the best 18 interest of the CITY'and the COUNTY and therefore wishes to support 19 that effort by providing a contribution for the remaining eighty 20 percent (80 %) of SEVENTY -SIX THOUSAND TWO HUNDRED and 00/100 21 DOLLARS ($76,200.00) to the CITY for the installation of the 22 improvements; and 23 WHER the COUNTY will allow the improvements to be made on 24 its property under a COUNTY issued permit; and 25 WHEREAS, after installation, the CITY will be responsible for 26 the maintenance of the improvements; and 27 WHEREAS, the CITY and COUNTY now wish to enter into an 28 agreement to provide for the COUNTY's contribution of the funding 29 of the improvements; and 30 WHEREAS, the County has established funding in its, budget to 31 fund this request. 32 NOW, THEREFORE, in consideration of the mutual covenants, 33 promises, and agreements herein contained, the parties agree as 34 follows: -1- :far, IX *. .., 6 4.6e° �'�� Agenda Item #: R.141-/r-o PALM BEACH COUNTY / BOARD OF COUNTY COMMISSIONERS P/" r. D AGENDA ITEM SUMMARY Meeting Date: (X) Consent ( ) Regular January 4, 1994 Department ( ) Ordinance ( ) Public Hearing I. EXECUTIVE BRIEF A. Motion and Title: Staff recommends motion to approve a Grant Agreement with the City of Boynton Beach for beautification on Woolbright between N. W. 22nd St. and N. W. 18th Street. B. Summary: This agreement will provide reimbursement in the amount of $76,200 to the City of Boynton Beach for the installation of beautification improvements on Woolbright between N. W. 22nd St. and N. W. 18th Street. In addition to providing $19,710 in in -kind services, the City of Boynton Beach will provide the maintenance for these landscaping improvements under the terms of their County permit. District #3 (ME) C. Background and Justification Issues: On September 7, 1993, the Board allocated $76,200 in Beautification Funds to the City of Boynton Beach as financial participation in this project. This approval was subject to a budget transfer and execution of a legal agreement. The budget transfer was approved at the September 21, 1993, Board Meeting and the legal agreement will be executed with approval of this Board item. The reimbursement will occur upon presentation of written invoices verifying costs incurred by the City , and that the project was completed by September 30, 1994. In addition to providing $19,710 in in -kind services, the City of Boynton Beach will provide the maintenance for these landscaping improvements under the terms of their County permit. D. Attachments: Location Sketch Agreements Budget Availability Statement Recommended by: . ' / 9 ri ision Dire D to Approved By: i} �-� Comity Engineer 'bate II. FISCAL IMPACT ANALYSIS A. Five Year Summary of Fiscal Impact: Fiscal Years 1993 1994 1995 1926 1997 Capital Expenditures $76,200 Operating Costs Operating Revenues Is Item Included in Current Budget? Yes X No Budget Account No.: Fund 340 Agency 361 Org. 0286 Object 51' Reporting Category $10105 B. Recommended Sources of Funds /Summary of Fiscal Impact: Constitutional Gas Tax Fund Median Beautification Fund Fully funded within the current budget. III. REVIEW COMMENTS A. OFMB Fiscal and /or Contract Administration Comments: No additional fiscal comments. IZ LI 43 ft./ 4 - _... o "Contract istration This item complies with existing County policies. B. Legal Sufficiency: Ass e tant Coun y Attorney C. Other Department Review: Department Director This summary is not to be used as a basis for payment. 3, ,,s • R94 15 D 1 FINANCIAL ASSISTANCE AGREEMENT FOR CITY OF BOYNTON BEACH 2 WOOLBRIGHT ROAD BEAUTIFICATION 3 THIS INTERLOCAL AGREEMENT is made and entered into this 4 day of JAN 4 1994 , 199 , by and between the CITY OF BOYNTON 5 BEACH, a municipal corporation of the State of Florida, hereinafter 6 "CITY," and the BOARD OF COUNTY COMMISSIONERS OF PALM BEACH COUNTY, 7 a political subdivision of the State of Florida, hereinafter 8 "COUNTY." 9 W I T N E S S E T H: 10 WHEREAS, the CITY is undertaking the installation of 11 beautification improvements, hereinafter "improvements ", on the 12 COUNTY's Woolbright Road right -of -way; and 13 WHEREAS, the CITY anticipates NINETEEN THOUSAND SEVEN HUNDRED 14 TEN and 00 /100 DOLLARS ($19,710.00) from in -kind services amounting 15 to approximately twenty percent (20 %) of the effective cost of the 16 initial installation; and 17 WHEREAS, the COUNTY believes that such efforts are in the best 18 interest of the CITY and the COUNTY and therefore wishes to support 19 that effort by providing a contribution for the remaining eighty 20 percent (80 %) of SEVENTY -SIX THOUSAND TWO HUNDRED and 00 /100 21 DOLLARS ($76,200.00) to the CITY for the installation of the 22 improvements; and 23 WHEREAS, the COUNTY will allow the improvements to be made on 24 its property under a COUNTY issued permit; and 25 WHEREAS, after installation, the CITY will be responsible for 26 the maintenance of the improvements; and 27 WHEREAS, the CITY and COUNTY now wish to enter into an 28 agreement to provide for the COUNTY's contribution of the funding 29 of the improvements; and 30 WHEREAS, the County has established funding in its budget to 31 fund this request. 32 NOW, THEREFORE, in consideration of the mutual covenants, 33 promises, and agreements herein contained, the parties agree as 34 follows: 1 -1- CITY OF BOYNTON BEACH /UOOLBRIGNT ROAD BEATIFICATION 1 1. The COUNTY grants to the CITY an amount not to exceed 2 SEVENTY -SIX THOUSAND TWO HUNDRED and 00 /100 DOLLARS ($76,200.00), 3 or eighty percent (80 %) of the effective cost of the initial 4 installation, whichever is less, to be used exclusively for 5 beautification within the COUNTY's Woolbright Road right -of -way 4> 6 from E4 Canal (Approximately 500 feet west of S.W. 8th Street) to 1 / 7 S.W. 22nd Street, hereinafter "Project." 8 2. The CITY agrees to assume all responsibility for design, 9 bidding, contract preparation, and contract administration for the 10 Project, including payment(s) to contractor(s), pursuant to all 11 applicable state law and City regulations. 12 3. The CITY will obtain or provide all labor and materials 13 necessary for the installation of improvements under the Project. 14 4. The COUNTY agrees to pay the CITY an amount not to exceed 15 SEVENTY -SIX THOUSAND TWO HUNDRED and 00 /100 DOLLARS ($76,200.00), 16 or eighty percent (80 %) of the effective cost of the initial 17 installation, whichever is less, for costs incurred for the 18 PROJECT. The CITY shall furnish the Assistant County Engineer of 19 the COUNTY's Department of Engineering and Public Works with 20 requests for payment supported by invoices or such other 21 documentation which is acceptable in form and detail to the COUNTY 22 to provide for verification that the services and /or materials have 23 been performed and received by the CITY, including the in -kind 24 services anticipated in the amount of NINETEEN THOUSAND SEVEN 25 HUNDRED TEN and 00 /100 DOLLARS ($19,710.00). 26 5. The COUNTY shall have no obligation to the CITY or any 27 other entity or person in excess of the amount provided in 28 Paragraph 4. 29 6. The CITY shall be solely responsible for obtaining and 30 complying with all necessary permits, approvals, and authorizations 31 required for the construction and subsequent maintenance of the 32 PROJECT from any federal, state, regional, or county agency. -2- CITY OF BOYNTON BEACH /IOOLBRIGHT ROAD BEATIFICATION 1 7. All construction shall be completed and final invoices 2 submitted to the COUNTY no later than September 30, 1994, and the 3 COUNTY shall have no obligation to the CITY or any other entity or 4 person for any cost incurred thereafter. 5 8. The CITY recognizes that it is an independent contractor, 6 and not an agent or servant of the COUNTY or its Board of County 7 Commissioners. In the event a claim or lawsuit is brought against 8 the COUNTY, its officers, employees, servants or agents, the CITY 9 hereby agrees to indemnify, save and hold harmless the COUNTY, its 10 officers, employees, servants or agents and to defend said persons 11 from any such claims, liabilities, causes of action and judgments 12 of any type whatsoever arising out of or relating to the existence 13 of the improvements or the performance or operation of this 14 Agreement, to the extent permitted by law. The CITY agrees to pay 15 all costs, attorney's fees and expenses incurred by the COUNTY, its 16 officers, employees, servants or agents in connection with such 17 claims, liabilities or suits. Furthermore, the CITY stipulates 18 that the extent of the COUNTY's liability pursuant to this 19 Agreement shall be limited solely to its payment obligation. 20 Nothing contained herein, however, shall act as a waiver of any of 21 the CITY or COUNTY's immunities provided for in Section 768.28, 22 Florida Statutes. 23 9. The CITY shall provide documentation evidencing its self - 24 insured status as permitted by state law. 25 10. In the event of termination, the CITY shall not be 26 relieved of liability to the COUNTY for damages sustained by the 27 COUNTY by virtue of any breach of the contract by the CITY and the 28 COUNTY may withhold any payment to the CITY for the purpose of set - 29 off until such time as the exact amount of damages due the County 30 is determined. 31 11. The COUNTY and the CITY agree that no person shall, on 32 the grounds of race, color, sex, national origin, handicap or 33 religion be excluded from the benefits of, or be subjected to any -3- CITY OF BOYNTON BEACH /UOOLBRIGHT ROAD BEATIFICATION 1 form of discrimination under any activity carried out by the 2 performance of this Agreement. 3 12. All notices required to be given under this Agreement 4 shall be addressed to: 5 COUNTY 6 Palm Beach County Department of 7 Engineering and Public Works 8 Attn: Assistant County Engineer 9 Post Office Box 21229 10 West Palm Beach, Florida 33416 -1229 11 CITY 12 City Manager 13 City Boynton Beach 14 100 E. Boynton Beach Boulevard 15 Boynton Beach, Florida 33435 16 13. The parties agree that this document sets forth the 17 entire agreement between the parties, and that there are no 18 promises or understandings other than those stated herein. None of 19 the provisions, terms, and conditions contained in this Agreement 20 may be added to, modified, superseded or otherwise altered except 21 by written instrument executed by the parties hereto. 22 14. In the event that any portion of this Agreement shall be 23 held invalid for any reason, such invalidity shall not affect the 24 remaining portions of this Agreement and the same shall remain in 25 full force and effect. 26 15. This Agreement will be governed by the laws of the State 27 of Florida. 28 (INTENTIONALLY LEFT BLANK) -4- CITY OF BOYNTON BEACN /1AOLBRIGNT ROAD BEATIFICATION 1 IN WITNESS WHEREOF, the parties have executed this Agreement 2 and it is effective on the date first above written. 3 CITY OF BOYNTON BEACH, PALM BEACH COUNTY, FLORIDA, BY ITS 4 BY ITS CITY COMMISSION BOARD OF COUNTY COMMISSIONERS 5 By .. " --e_ /4 C By: By : 6 MAYOR C I' R94 15 JAN 4 994 7 ATTEST: ATTE 8 DOROTHY H. WILKEN, CLERK 9 By: . B y: i 1 - 10 a TY CLERK D TY CLERK 11 APPROVED AS 0 FORM AND APPROVED AS TO FORM AND 12 LEGAL SUFF IgNCY LEGAL SUFFICIENCY f 1 13 By: .A. , By: Aliant /> += 14 ATY ATiO'lEY ASSIST T COUNTY ATTORNEY 3C COUNTY, ;y (blc)G:\ COMMON \WPDATA \ENG\AGR \BOYNTON.AGR (December 9, 1993) -5- 1 ■ • I . . 97 SEE PG 91 D C ! •• . • •4 8 0 v r4.,„. ; 2 - r '' MM. . : -- . - • 4 , gyve" . Ns i s • - i4 ",_ .. - nirr ir ,,„,. 4, • ...,-• 'xi sc L 1 . 1 i lu :-.t&2111 En 7 II anal t _ I D 111 .V MILL•iiii 1*..1 „ r nirr 1 Iv 1 SC r - (0- , , 1 ,77rrn an gi I :mrir Er illthr i rdw w i ! Sim r.liv_i_' °T it ... ''',;.- e.fIr, -' .,. . _., at r. 2 LW 6..4 ■ , v % • Elr'llommi !Alit" = mr, V 11=11 . .7.-..,',4,,i,,,..i;,•7A. ,..„ _,,Irrit," . jll A cp 111111rianum ... ,,, rt .. . awl No roc gni *AV 11 '•,, nrif . %,-, , i : r T• a ll II 7 1 EMI •77E. sum Al Tiri fivi 1 "dr. Ar. i MN M111; MI i . . 4 I' ' ' I0-0-• ..,,,,,...mi . ITI Milli • 31 ca n./ it .4 *,,t,„ i umpieM/Filag/ 71F11 . i pi I i v. fr.... 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Boynton Beach Boulevard , 0 N T ' 'y P.O. Box 310 6" L. p - JAin Boynton Beach, T(orida 33425.0310 \ : : • 7. City Hark (407) 375 -6000 . • . d• • FAX: (407) 375 -6090 December 30, 1993 I Taney Frakes Assistant county Engineer Palm Beach County Department of Engineering and Public Works Post Office Box 21229 West Palm Beach, FL 33416 -1229 RE: Woolbright Road Beautification Contract Dear Mr. Frakes: Please revise line 6, page 2 to read: from E4 Canal (Approximately 500 feet West of SW 8t11 Street) to S.W. 22nd Street, hereinafter "project ". It has always been the intent of the City of Boynton Beach to provide beautification to these four medians. Replace line 6 on page 2 to read as described, initialed on the attached copy of the contract. Thank you for your assistance in this regard. Sincerely, CITY OF BOYNTON BEACII Edward Harmening, Ma or 7 EH/KH: cm Enclosure xc: J. Scott Miller, City Manager America's Gateway to the ru fstream INTER - OFFICE COMMUNICATION PALM BEACH COUNTY BUDGET AVAILABILITY STATEMENT DATE: December 9, 1993 TO: G. Haney Frakes, P.E. Assistant County Engineer FROM: Joseph F. Bergeron, CPA J Capital Budget Manager /OFM RE: Woolbright Road Beautification Project #` N/A City of Boynton Beach BOARD MEETING DATE: FISCAL IMPACT ANALYSIS Five Year Summary of Fiscal Impact: Fiscal Years 1994 1995 1996 1997 1998 Capital Expenditures 76,200.00 -0- -0- -0- -0- Operating Costs -0- -0- -0- -0- -0- Revenues -0- -0- -0- -0- -0- Is Item Included in Current Budget? Yes x No Budget Account No: Fund Agency Organization Object Amount 340 361 0286 8101 76,200.00 Recommended Sources of Funds /Summary of Fiscal Impact: Constitutional Gas Tax Median Beautification Program This item is fully funded within the existing budget. • O BE 0 4r, OF FLORIDA, COUNTY OF PALM BEACH 1 =� c�t Cicrk of the C O U' s `er I' CiORO� HY H. 4� IL.!{.. �, e. �r- i'r1;5 m � rd of �.�cu ri �r women! ..;.�„G... t') he a ` r� . � 'T r -` r,1 ` �1v . �''�.. cl i, r i.. ♦N V.»' Di- r? ; � ...1 DORO v\!.!_;7: t ✓i � "iC DC cc: Engineering Accounting file =g: \bas \93000158 IkCii co ' 14 4 4 1611 • • 4°L0R1:014. November 24, 1997 Department of Engineering Sue Cruse, CMC /AAE and Public Works City Clerk City of Boynton Beach PO Box 21229 100 E Boynton Beach Boulevard West Palm Beach FL 33416 -1229 Boynton Beach, Flonda 33425 -0310 (561) 684 -4000 RE: AMENDMENT TO FINANCIAL ASSISTANCE AGREEMENT http f /www co palm -beach fl us DATED JANUARY 4, 1994, FOR THE CITY OF BOYNTON BEACH WOOLBRIGHT ROAD - ROAD BEAUTIFICATION • Dear Ms Cruse Attached are four (4) onginal Amendments to the landscaping agreement (R 94 15 D) for the subject project As you requested in your letter dated October 9, 1997, the completion date for the project has Palm Beach County been extended to December 31, 1997, to complete the project and submit invoices requesting payment Board of County for the $28,105 that was onginally allocated but was not spent Commissioners Burt Aaronson, Chairman Please forward the attached agreement through the proper channels within your City for execution by your City Council Once executed, please return all four (4) onginal Amendments to me and I will put Maude Ford Lee, Vice Chair them on the next available agenda of the Board of County Commissioners (BCC) After approval by the BCC, I will retum an executed Amendment to you for the City's records In the intenm, please Karen T Marcus forward your request for payment of the subject project as soon as practical so we will be within the time frame allowed in the Amendment Carol A Roberts Warren H Newell Your efforts to enhance the quality of life m Palm Beach County are appreciated If you have any questions, please contact me Mary McCarty Sincerely, Ken L Foster �— 1 j ,I G aney Frakes, Jr , P'r Assistant C ty Ep`/ County Administrator F GHF W • f A meo Robert Weisman, PE Attachments Four (4) original Amendments, one (1) copy of R 94 15 D pc Melissa Booth, Executive Director, Beautiful Palm Beaches, Inc Jo Ellen Leismger, Grants Committee Chairperson Marlene Eventt, Assistant County Attorney Andy Hertel, AICP, Traffic Division Kevin Hallahan, Forester/Envtronmentalist, City of Boynton Beach Evelyn Allen, Director, Admuustrahve Services Division File Municipalities - City of Boynton Beach General - Beautiful Palm Beaches Roads - Woolbnght Road H \ \jat\97-98\boy_wool 1 "An Equal Opportunity Affirmative Action Employer" V printed on recycled paper y CO`NE AGE\,D» ummoormahare K 06 l'41.0 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORrii Requested City Commission Date Final Form Must be Turned Requested Ciry Commission Date Final Form Must be Turred Meeting Dates in to City Manager's Office Meeting Dates I to City Manager's Office - ,.gust 19 1997 August 8. 1997 (noon) 0 October 21, 1997 October 14, 1997 (noon) • ® September 2. 1997 August 22, 1997 (noon) 11 November 4, 1997 October 24. 1997 (noon) September 16, 1997 September S. 1997 (noon) 0 November 18, 1997 November 7, 1997 (noon) O October 7, 199/ September 26, 1997 (noon) ❑ December 2, 1997 November 21. 1997 (noon) RECOMMENDATION: Approval of continuation of the landscape contract to perform work on Woolbright Road medians. 8 Approval of expenditure of SA 105 from C I. P. account for landscape improvements, which will be 100% reimbursed to the Ciry by Palm Beach County. Approval to extend the 1994 Palm Beach County grant agreement to December 31,1997, to complete the re- landscaping project. EXPLANATION: Palm Beach County now has funds available to re- landscape the Woolbright Road medians, upon completion of the above three recommendations by the City. PROGRAM IMPACT: Roadway beautification to a major East and West arterial in our Ciry. The procedure allows for expediting the re- landscaping as so0 as possible after the current roadway construction is completed by the County. FISCAL IMPACT: I There are no oche roadway beautification grant funds available to the City at this time, which are 100% reimbursable to the City. ALTERNATIVES: The City could cloaae to complete all of the landscaping improvements outside the scope of the grant agreement, and not be reimbursed by Palm Beach County. Depu Head's Signature City anager's Signature Department Name S \BULLET1MFORMS\AGENDA ITEM REQUEST FORM.DOC AMENDMENT TO CITY OF BOYNTON BEACH WOOLBRIGHT ROAD BEAUTIFICATION 1 AMENDMENT TO FINANCIAL ASSISTANCE AGREEMENT DATED JANUARY 4, 2 1994 FOR THE CITY OF BOYNTON BEACH WOOLBRIGHT ROAD 3 BEAUTIFICATION 4 THIS AMENDMENT is made to the Financial Assistance Agreement! 5 dated January 4, 1994, by and between the CITY OF BOYNTON BEACH, 6 a municipal corporation of the State of Florida, hereinafter 7 "CITY ", and the BOARD OF COUNTY COMMISSIONERS OF PALM BEACH ! � 8; COUNTY, a political subdivision of the State of Florida, 9 hereinafter "COUNTY ". 10 i ! W I T N E S S E T H: 11 WHEREAS, on January 4, 1994, the CITY and COUNTY entered 12 into a financial agreement providing for partial funding of 13 installation of beautification improvements along Woolbright Road; 14 from the E4 Canal (Approximately 500 feet west of S.W. 8th 15 Street) to S.W. 22nd Street; and 16 WHEREAS, the CITY is undertaking the installation of 17 beautification improvements, hereinafter "improvements ",along the 18 COUNTY's Woolbright Road Right -of -Way from E4 Canal 19 (Approximately 500 feet west of S.W. 8th Street) to S.W. 22nd 20 Street; and I � 21 WHEREAS, the completion date has been delayed due to 22 the County's roadway widening project on Woolbright Road that was 23 completed in 1997; and I ' 24 WHEREAS, the COUNTY believes that such efforts are in 25 the best interest of the CITY and the COUNTY and therefore wishes 26 to support that effort by extending the time for providing the 27 reimbursement contribution for eighty percent (80 %) or a maximum 28 of SEVENTY SIX THOUSAND TWO HUNDRED and 00 /100 DOLLARS 29 ($76,200.00) to the CITY for the installation of the 30 improvements; and 31 WHEREAS, on January 4, 1994 the COUNTY approved a $76,200.00 32 financial assistance agreement (R 94 15 D) with the City that 33 provided for a completion date of September 30, 1994; and 341' WHEREAS, the City was unable to complete the project and -1- AMENDMENT TO CITY OF BOYNTON BEACH WOOLBRIGHT ROAD BEAUTIFICATION 1 there was TWENTY EIGHT THOUSAND ONE HUNDRED FIVE and 00 /100 2 DOLLARS ($28,105.00) remaining that was not spent; and 3 NOW, THEREFORE, in consideration of the mutual covenants, 4 promises, and agreements herein contained, the parties agree as 5 follows: 6 1. The above recitations are true and correct and 7 incorporated herein. 8 " 2. The Financial Assistance Agreement dated January 4, 9 : 1994, by and between the CITY and the COUNTY, is hereby 10 !d amended to revise paragraph 7 as follows: 11 9. All construction shall be completed and final 12 ,I invoices submitted to the COUNTY no later than 13 December 31, 1997, and the COUNTY shall have no 14 h obligation to the CITY or any other entity or 15 ?E person for any cost incurred thereafter. 16 it 3. It is the intent of the parties hereto that this 17 1 AMENDMENT shall not become binding until the date executed 18 11 by the Board of County Commissioners of Palm Beach County. 19 f 4. All other provisions of the Financial Assistance 20 1,11 Agreement dated January 4, 1994, shall remain in full force H 21 and effect. 22 I (INTENTIONALLY LEFT BLANK) 33� 11 -2- 1 AMENDMENT TO CITY OF BOYNTON BEACH WOOLBRIGHT ROAD BEAUTIFICATION 1 IN WITNESS WHEREOF, the parties have executed this Agreement 2 and it is effective when executed by the Board of County 3 Commissioners. 4 CITY OF BOYNTON BEACH, PALM BEACH COUNTY, FLORIDA, BY ITS 5 BY ITS CITY COMMISSION BOARD OF COUNTY COMMISSIONERS i By , Joy/ ,� By MAYOR CHAIRMAN ii 8 ; ATTEST ATTEST: 1111111p1 / / / j��� � ' 9 I ``��, DOROTHY H. WILKEN, CLERK O Z _ 10 B. 4, •1 • • A • . '► By: 11 j 4 , . +' DEPUTY CLERK IftiontiO 12 ' APPROVED AS TO FORM AND APPROVED AS TO FORM AND 13; LEGAL SUFFICIENCY LEGAL SUFFICIENCY 14 By: ABy : 15 CITY ATT ASSISTANT COUNTY ATTORNEY , I I I � H \• . \JAT \97 -98 \BOY WOOL.AI4D (November 24, 1997) -3- i ! 1 ri • ti iliarmaiii 44 mo 444 cb March 17, 1998 44 ' � ° ' Department of Engineering John Wildner, Parks Superintendent ; ! �/ and Public Works City of Boynton Beach PO Box 21229 100 E Boynton Beach Boulevard West Palm Beach FL 33416 -1229 Boynton Beach, Florida 33435 (561) 684 -4000 http , `www co palm -beach 0 us RE: AMENDMENT TO FINANCIAL ASSISTANCE AGREEMENT (R 94 -15 -D) DATED JANUARY 4, 1994, FOR THE CITY OF BOYNTON BEACH V* OOLBRIGHT ROAD - ROAD • BEAUTIFICATION. Palm Beach County Dear Mr Wildner Board of County Commissioners Attached (for your records) is one (1) original of the subject Amendment that the Board of County Commissioners (BCC) executed on February 24, 1998, Burt Aaronson Chairman extending the completion date of the subject project to December 31, 1997 Please Maude Ford Lee Vice Chair forward this original Amendment to the person within your City who is Karen T Marcus responsible for maintaining such records Now that the BCC has executed the subject Amendment we can process the Cit, - s request for payment Carol A Roberts Warren Newell The Cit■'s request for payment (along with supporting, documentation) dated December 11. 1997 was sent to the Count\ by Keg n Hallahan In the request for Mari "'`carts payment. the City cited expenses of 520 -9 36 50 and requested payment for same Ken L Foster ! However. the original Agreement (R 94 -15 -D) provided for reimbursement to a maximum of 576,200 or 80° o of the initial installation costs, w hiche‘ er as less Accordingly, per the Agreement, the City is eligible for reimbursement of $21,549 20 based upon the documentation submitted with Mr Hallahan's letter County Administrator in December, 1997 Robert Weisman PE We haN e forwarded a request for payment in the amount of $21,549 20 to the Engineering Fiscal DIN. ision for payment processing Normally it takes thirn to sixty days from the time we submit your request for payment for it to be processed and mailed to you If the City has an alternate position on the amount of reimbursement due, please contact me to discuss the issue We will process the payment for $21,549 20 at this time and, if at a later time, an additional amount is found to be proper, that can be processed at that time An Equal Opportunity Affirmative Action Employer" punted on recycled paper C Cx COG2 a. _._ R19A March 17, 1998 page 2 Your efforts to enhance the quality of life in Palm Beach County are appreciated if you have any questions, please contact me Sincerer , . Al -":„.„ / : t Harr rakes, r , P -- Assistant County Engineer" GHF meo Attachments One (1) original Amendment (R 98- 204 -D), One (1) copy of Agreement (R94 -15 -D) pc Evelyn Allen, Director, Administrative Services Division Sue Kruse, CMC /AAE, City Clerk. City of Boynton Beach Kevin Hallahan, Environmentalist 'Forester, City of Boynton Beach File General - Landscaping Municipalities - City of Boynton Beach H `yat,97 -98 lsc',agr -ltr4 boy R 94 15 0 1 ?INANCIAL ASSIBTAIICI AOA,itKIN! OR CI?T Of BOYN ON DIAC7 2 100L8*I0IT LOAD 11AUTITICATIO$ 3 TBI$ INTERLOCAL AOREE.XU? is sade and entered into this 4 day of JAN 4 1 994 , 199 , by and between the CITY OF BOYNTON 5 BEACH, a municipal corporation of the State of Florida, hereinafter 6 "CITY," and the BOARD OF COUNTY COKHISSIONERS OF PALM BEACH COUNTY, 7 a political subdivision of the State of Florida, hereinafter 8 "COUNTY." 9 R I T X I I S I T I: 10 VaEREAB, the CITY is undertaking the installation of 11 beautification improvements, hereinafter "improvements ", on the 12 COUNTY's Woolbright Road right -of -way; and 13 WHEREAS, the CITY anticipates NINETEEN THOUSAND SEVEN HUNDRED 14 TEN and 00 /100 DOLLARS ($19,710.00) from in -kind services amounting 15 to approximately twenty percent (20%) of the effective cost of the 16 initial installation; and 17 WHEREAS, the COUNTY believes that such efforts are in the best 18 interest of the CITY and the COUNTY and therefore wishes to support 19 that effort by providing a contribution for the remaining eighty 20 percent (80 %) of SEVENTY -SIX THOUSAND TWO HUNDRED and 00 /100 21 DOLLARS ($76,200.00) to the CITY for the installation of the 22 improvements; and 23 wHER.EAB, the COUNTY will alloy the improvements to be sade on 24 its property under a COUNTY issued permit; and 25 WHEREAS, after installation, the CITY will ba responsible for 26 the maintenance of the improvements; and 27 MUMS, the CITY and COUNTY now wish to enter into an 28 agreement to provides for the COUNTY'. contribution of the funding 29 of the improvements; and 30 WHEREAS, the County has established funding in its budget tc 31 fund this request. 32 NOW, THERBPORE, in consideration of the mutual covenants, 33 promises, and agreements herein contained, the parties agree as 34 follows: li -1- R94 15 D 1 CITY I ACl/woaIGC SLAT IFIcA1 1 1. The COUNTY grants to the CITY an amount not to exceed 2 SEVENTY -SIX THOUSAND TWO HUNDRED and 00 /100 DOLLARS ($76,200.00), 3 or eighty percent (80%) of the effective cost of the initial 4 installation, whichever is less, to be used exclusively for 5 beautification within the COUNTY'S Woolbright Road right -of -way 6 from E4 Canal (Approximately 500 feet west of S.W. 8th Street) to 7 S.W. 22nd Street, hereinafter "Project.' 8 2. The CITY agrees to assume all responsibility for design, 9 bidding, contract preparation, and contract administration for the 10 Project, including payment(s) to contractor(s), pursuant to all 11 applicable state law and City regulations. 12 3. The CITY will obtain or provide all labor and materials 13 necessary for the installation of improvements under the Project. 14 4. The COUNTY agrees to pay the CITY an amount not to exceed 15 I SEVENTY -SIX THOUSAND TWO HUNDRED and 00 /100 DOLLARS ($76,200.00) , 16 or eighty percent (80 %) of the effective cost of the initial 17 installation, whichever is less, for costs incurred for the 18 PROJECT. The CITY shall furnish the Assistant County Engineer of 19 the COUNTY's Department of Engineering and Public Works with 20 requests for payment supported by invoices or such other 21 documentation which is acceptable in for and detail to the COUNTY 22 to provide for verification that the services and /or materials have 23 been performed and received by the CITY, including the in -kind 24 services anticipated in the amount of NINETEEN THOUSAND SEVEN 25 HUNDRED TEN and 00 /100 DOLLARS ($19,710.00). 26 S. The COUNTY shall have no obligation to the CITY or any 27 other entity or person in excess of the amount provided it 28 Paragraph 4. 29 6. The CITY shall be solely responsible for obtaining anc 30 complying with all necessary permits, approvals, and authorization 31 required for the construction and subsequent maintenance of :hi 32 PROJECT from any federal, state, regional, or county agency. -2- D0 1 c C f tt Of corn a efAoVKmM ti CM' KO INAT 1 flat Gt Its 1 7. All construction shall be completed and final invoice 2 submitted to the COUNTY no later than September 30, 1994, and th 3 COUNTY shall have no obligation to the CITY or any other entity o 4 person for any cost incurred thereafter. 5 8. The CITY recognizes that it is an independent contractor 6 and not an agent or servant of the COUNTY or its Board of Count 7 Commissioners. :n the event a claim or lawsuit is brought agains 8 the COUNTY, its officers, employees, servants or agents, the CIT 9 hereby agrees to indeanify, save and hold harmless the COUNTY, it 10 officers, employees, servants or agents and to defend said person. 11 from any such claims, liabilities, causes of action and judgment 12 of any type whatsoever arising out of or relating to the existenc 13 of the improvements or the performance or operation of thi 14 Agreement, to the extent permitted by law. The CITY agrees to pa 15 all costs, attorney's fees and expenses incurred by the COUNTY, it 16 officers, employees, servants or agents in connection with suc 17 claims, liabilities or suits. Furthermore, the CITY stipulate 18 that the extent of the COUNTY's liability pursuant to thi 19 Agreement shall be limited solely to its payment obligation 20 Nothing contained herein, however, shall act as a waiver of any o 21 the CITY or COUNTY's immunities provided for in Section 768.28 22 Florida Statutes. 23 9. The CITY shall provide documentation evidencing its self 24 insured status as permitted by state lay. 25 10. In the event of termination, the CITY shall not t 26 relieved of liability to the COUNTY for damages sustained by tl 27 COUNTY by virtue of any breach of the contract by the CITY and tl 28 COUNTY may withhold any payment to the CITY for the purpose of eel 29 off until such time as the exact amount of damages due the Coun 30 is determined. 31 11. The COUNTY and the CITY agree that no person shall, 32 the grounds of race, color, sex, national origin, handicap 33 religion be excluded from the benefits of, or be subjected to a -3- D Q 1 1 • CITY Of EITTICIII K.aaI OOIItlgrt KAY1fI41101 1 for of discrimination under any activity carried out by the 2 performance of this Agreement. 3 12. All notices required to be given under this Agreement 4 shall be addressed to: 5 Main 6 Palm Beach County Department of 7 Engineering and Public Works 8 Attn: Assistant County Engineer 9 Post office Box 21229 10 West Palm Beach, Florida 33416 -1229 11 CITY 12 City Manager 13 City Boynton Beach 14 100 E. Boynton Beach Boulevard 15 Boynton Beach, Florida 33435 16 13. The parties agree that this document sets forth the 17 entire agreement between the parties, and that there are no 18 promises or understandings other than those stated herein. None of 19 the provisions, terms, and conditions contained in this Agreement 20 may be added to, modified, superseded or otherwise altered except 21 by written instrument executed by the parties hereto. 22 14. In the event that any portion of this Agreement shall be 23 held invalid for any reason, such invalidity shall not affect the 24 remaining portions of this Agreement and the same shall remain in 25 full force and effect. 26 15. This Agreement will be governed by the laws of the State 27 of Florida. 2$ (IUTEIITION LLY LETT MAXI) -4- C I T1 or sQRT 0 L f1�doi * I QT WATT ► I ta l i a 1 I IT$E88 ■URZOt, the parties have executed this Agreement 2 and it is effective on the date first above written. 3 CITY OF BOYNTON BEACH, PAL BEACH COUNTY, TLORIOA, BY :TS 4 BY ITS CITY C0I44ISSION BOARD OF COUNTY CO1O�ISSI0NER.S 5 !�(rlllrc By : �' . 6 MAYOR CHA I R9 4 15 0 JAN 4 gg� 7 ATTEST: ATTEST: 8 DOROTHY H. WILKEN, CLERK 10 TY CLERIC D Y CLERK 11 APPROVED AS FOR}{ AND APPROVED AS TO FCPX k':D 12 LEGAL S I�NCY LEGAL SUFFICIENCY 13 By: .. 14 TY A • • • EY ASSIST T Y ATTORNEY � 3 � E • ' Y Fq � G COUNTY, L {s'0R�O l, )3* ; -Sd t plc) 6 :\ CaMON�1d + 0alA�f11GV►aU1GT1fTp[./I� coec�tr 1, 1943) 1 -S- R94 15D:1 i I 1 i R98 204 D FEB 24 jj AMENDMENT TO CITY OF BOYNTON BEACH WOOLBR ROAD BEAUTIFICATION 1 1 AMENDMENT TO FINANCIAL ASSISTANCE AGREEMENT DATED JANUARY 4, 2 1994 FOR THE CITY OF BOYNTON BEACH WOOLBRIGHT ROAD 3 BEAUTIFICATION 4 THIS AMENDMENT is made to the Financial Assistance Agreement 5 d dated January 4, 1994, by and between the CITY OF BOYNTON BEACH, 6 a municipal corporation of the State of Florida, hereinafter 7 j "CITY ", and the BOARD OF COUNTY COMMISSIONERS OF PALM BEACH 8'' COUNTY, a political subdivision of the State of Florida, 9' hereinafter "COUNTY ". i 10 1 W I T N E S S E T H: 11 WHEREAS, on January 4, 1994, the CITY and COUNTY entered i 12,i into a financial agreement providing for partial funding of 13 ; installation of beautification improvements along Woolbright Road 14 from the E4 Canal (Approximately 500 feet west of S.W. 8th 15 Street) to S.W. 22nd Street; and 16'I WHEREAS, the CITY is undertaking the installation of 17 beautification improvements, hereinafter "improvements ",along the 18 COUNTY's Woolbright Road Right -of -Way from E4 Canal 1 19 (Approximately 500 feet west of S.W. 8th Street) to S.W. 22nd 20 Street; and 211 WHEREAS, the completion date has been delayed due to 1 221 the County's roadway widening project on Woolbright Road that was 23 completed in 1997; and 24 WHEREAS, the COUNTY believes that such efforts are in 25 the best interest of the CITY and the COUNTY and therefore wishes 26 to support that effort by extending the time for providing the 1 27 reimbursement contribution for eighty percent (80 %) or a maximum 281 of SEVENTY SIX THOUSAND TWO HUNDRED and 00 /100 DOLLARS 29 ($76,200.00) to the CITY for the installation of the 301 improvements; and ' I 31i WHEREAS, on January 4, 1994 the COUNTY approved a $76,200.00 , 32 financial assistance agreement (R 94 15 D) with the City that 33 provided for a completion date of September 30, 1994; and 34 WHEREAS, the City was unable to complete the project and -1- AMENDMENT TO CITY OF BOYNTON BEACH WOOLBRIGHT ROAD BEAUTIFICATION 1 there was TWENTY EIGHT THOUSAND ONE HUNDRED FIVE and 00 /100 2 DOLLARS ($28,105.00) remaining that was not spent; and 3 NOW, THEREFORE, in consideration of the mutual covenants, 4 1 promises, and agreements herein contained, the parties agree as 5 follows: 6 1. The above recitations are true and correct and 7 incorporated herein. 8 2. The Financial Assistance Agreement dated January 4, 9 1994, by and between the CITY and the COUNTY, is hereby 10 amended to revise paragraph 7 as follows: 11 9. All construction shall be completed and final 12 invoices submitted to the COUNTY no later than 13 December 31, 1997, and the COUNTY shall have no 14 obligation to the CITY or any other entity or 15 i person for any cost incurred thereafter. 16 3. It is the intent of the parties hereto that this 17 AMENDMENT shall not become binding until the date executed 18 by the Board of County Commissioners of Palm Beach County. 19 4. All other provisions of the Financial Assistance 20 Agreement dated January 4, 1994, shall remain in full force 21 and effect. 22 (INTENTIONALLY LEFT BLANK) -2- I il AMENDMENT TO CITY OF BOYNTON BEACH WOOLBRIGHT ROAD BEAUTIFICATION I , 1 IN WITNESS WHEREOF, the parties have executed this Agreement 2 and it is effective when executed by the Board of County 3 ' Commissioners. 4 j CITY OF BOYNTON BEACH, PALM BEACH COUNTY, FLORIDA, BY ITS 5 BY ITS CITY COMMISSION BOARD OF COUNTY COMMISSIONERS 6 By: ' �, �z 1 ' a 7 MAYOR �/ CHAIRMAN ' R98 204 D FEB 2 41993 8 !i ATTEST: ATTEST: `` ,0111111W ///� 9 \���� 0` ON e �t► '� � i DOROTHY H. WILKEN, CLERK '%o BOARD OF COUNTY COMMISSI ONERS s ��/ errr 10 B l i 4 . 3' s • 1 , • A • . s r a , By : /� • • • 11 I . i! ' \; DEPUTY CLE' `oi r � ° � °., i!} FLO \ ��\`� V • •• ° °• t , 4 ///1111110 ° • N , • COUNTY • r 12 APPROVED AS TO FORM AND APPROVED AS TO v • A.1 (C>' ; • , 13 LEGAL SUFFICIENCY LEGAL SUFFICIENC i% o. •• • •• • * •••• 14 � a By: � / " �/ � r t� By: 1 15 CITY ATTORNEY ASS STANT COUNTY ATTORNEY i i � H \ \JAT \97- 98 \BOY_WOOL »4D (November 24, 1997) - 3- RECREATION & PARK MEMORANDUM #93 -504 TO: J. Scott MIller, City Manager FROM: Charles C. Frederick, Director " - -- Recreation & Park Department RE: Landscape Agreement /Woolbright Road DATE: December 7, 1993 The attached interlocal agreement with the County appears to be consistent with past meetings held with the County staff and City representatives. As the City is assuming responsibility for bidding and construction administration, I recommend that the Engineering Department assume responsibility for item #2 of the agreement and Kevin Hallahan shall serve as technical' advisor regarding landscape materials acceptance or substitution. The Parks Division will be prepared to assume maintenance of the median and irrigation issues will be coordinated with the Leisureville Association. CCF:ad CC: John Wildner, Parks Superintendent Kevin Hallahan, Forester /Environmentalist Board of County Commissioners County Administrator Mary McCarty, Chair „ Robert Weisman Ken L. Foster, Vice Chairman n� r Karen T. Marcus Carol A. Roberts Department of Engineering Warren H. Newell and Public Works Burt Aaronson Maude Ford Lee y " UN` December 1, 1993 Mr. Kevin Hallahan, Forester /Environmentalist City of Boynton Beach Recreation and Parks Department Parks Division P. 0. Box 310 Boynton Beach, Florida 33425 -0310 RE: Landscaping Agreement /Woolbright Road from S. W. 22nd Street to S. W. 18th Street. Dear Mr. Hallahan: At the request of Commissioner Warren Newell, I am advising you of estimated time frames leading to the execution of the Woolbright Road landscaping agreement. (This agreement is attached and was previously transmitted to you by facsimile on November 22, 1993.) As you noted in our conversation, there could be an indeterminate period of time if the city's attorney or other staff members see the need for changes to the proposed agreement. In that event, some time could be required to resolve any issues with the County staff members, including the County Attorney's office. The time frame then could be estimated from the point at which we know we have an agreement that is mutually acceptable at the staff level. Normally, it would then be placed on an agenda for execution by the City Commission, then forwarded to us in order to be placed on an agenda for execution by the County Commission. In order to expedite this, we could begin the County's agenda process, which takes about six weeks, once we know the agreement is in mutually agreeable form. This would presume that it could come before the City Commission and be executed while this six week time clock is running. If we ran into a problem with the execution by the City Commission, then it could be deleted or postponed from the County Commission agenda. "An Equal Opportunity - Affirmative Action Employer" . , • , arycled Paper Box 21229 West Palm Beach, Florida 33416 -1229 (407) 684 -4000 Mr. Kevin Hallahan December 1, 1993 Page 2 Once the agreement has been executed by both commissions and the terms and conditions fully met, then reimbursement based on copies of paid invoices could occur within 30 to 45 days of receipt of those paid invoices. If you have any questions, please contact me at 684 -4010. Sincerely yours, G. Haney FrakeS, Jr.. P. E. Assistant County Engineer GHF /mah /Hallahan.Ltr cc: Scott Miller, City Manager, w /attachment Commissioner Warren Newell, w /attachment Marlene Everitt, Assistant County Attorney, w /attachment Irwin Jacobowitz, Contract Administration, OFMB, w /attachment George T. Webb, P. E., County Engineer, w /attachment Attachment: Landscaping Agreement /Woolbright Road from S. W. 22nd Street to S. W. 18th Street