R18-027FA
RESOLUTION R18-027
A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA,
APPROVING AND AUTHORIZING THE MAYOR TO SIGN AN
AGREEMENT WITH PALM BEACH COUNTY TO FACILITATE
AN ASSESSMENT PROCESS AS PART OF PALM BEACH
COUNTY'S MUNICIPAL SERVICE TAXING UNITS (MSTU) FOR
THE CONSTRUCTION OF WATER AND SEWER PIPELINES,
FIRE HYDRANTS, WATER METER BOXES AND OTHER
ASSOCIATED MATERIALS WITHIN THE COUNTY ROAD RIGHT
OF WAY; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, as part of Palm Beach County's Municipal Service Taxing Unit (MSTU)
program, the City of Boynton Beach and the County will enter into an agreement for
implementation of a water and wastewater expansion project which includes, but is not limited
to, the cost of the petition process, designing, bidding, construction and contract administration
for providing water and sewer service to approximately 230 homes; and
WHEREAS, the City will be responsible for implementing the water and sewer
improvement program and the County will assess the property owners for the cost of the
program and transfer the collected funds to the City; and
WHEREAS, the City Commission upon recommendation of staff, deems it to be in the
best interest of the citizens and residents of the City of Boynton Beach to authorize the Mayor
to sign an Agreement with Palm Beach County for the monetary assessment for the
construction of water and sewer pipelines, fire hydrants, water meter boxes and other associated
materials within the County Road right-of-way as part of Palm Beach County's MSTU
program.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
29 1 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
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being true and correct and are hereby made a specific part of this Resolution upon adoption
hereof.
Section 2. The City Commission approves and authorizes the Mayor to sign an
Agreement with Palm Beach County for the monetary assessment for the construction of water
and sewer pipelines, fire hydrants, water meter boxes and other associated materials within the
County Road right-of-way as part of Palm Beach County's MSTU program, a copy of the
Agreement is attached hereto and made a part hereof as Exhibit "A".
Section 3. That this Resolution shall become effective immediately upon passage.
PASSED AND ADOPTED this 201h day of February, 2018.
CITY OF BOYNTON BEACH, FLORIDA
YES NO
41
41 j Mayor — Steven B. Grant
4
4 Vice Mayor — Justin Katz r
4
4E Commissioner — Mack McCray
4
4 d Commissioner — Christina L. Romelus
4
5 Commissioner — Joe Casello '�
51
5
5 VOTE 0
54 ATTEST:
571
ml
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Files\Content.IE5\SATNOE VN\Agreement_With_PBC_(MSTU_For_Water_And_Sewer_Pipelines)_-_Reso.Doc
R 2010 0718
AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND
PALM BEACH COUNTY, FLORIDA
FOR MAY 1 5 201$
THE MONETARY ASSESSMENT FOR THE CONSTRUCTION OF MUNICIPAL
WATER AND SEWER SERVICE IN WEST BOYNTON PLAT NO 2B & C
THIS AGREEMENT is made and entered into this ) J day ofrtt ,,,` ,201,;by and
between the City of Boynton Beach, a municipality in the State of Florida, (dITY), and Palm
Beach County, a political subdivision of the State of Florida, by and through its Board of County
Commissioners, (COUNTY) (collectively"parties" and individually"party").
WITNESSETH:
WHEREAS, the COUNTY and the CITY are authorized to enter into this AGREEMENT
pursuant to Chapter 163, Florida Statutes, as amended, which permits local governmental units to
make the most efficient use of their powers by enabling them to cooperate with other localities on
a basis of mutual advantage; and
WHEREAS, the CITY has requested the COUNTY to facilitate an assessment process per
COUNTY Code, Chapter 26 — Special Districts, Article II, Municipal Service Taxing Units
(MSTU) for the construction of water and sewer pipelines, fire hydrants, water meter boxes and
other associated materials within the County .Road right of way (PROJECT). The PROJECT
includes but not limited to the cost the petition process, designing, bidding, construction and
contract administration for the area shown in `Exhibit - A' which a part of the West Boynton Plat
No 2 B & C as recorded in Plat Book 15 pages 13-14 of the public records of Palm Beach County,
Florida; and
WHEREAS, the CITY will cause to be prepared, scope of services and specifications for the
PROJECT; and
WHEREAS, the CITY is desirous of funding and facilitating the PROJECT if at least 51% of
initial petitions returned by the benefitting property owners agree to the PROJECT; and
WHEREAS, the COUNTY is agreeable to assessing the property owners benefitting from the
PROJECT over a TWENTY(20)year period at an interest rate not to exceed 5.5%per annum, and
transferring the collected funds to the CITY; and
WHEREAS, the CITY is agreeable to including the COUNTY administrative fees in the funding
of the PROJECT.
Page 1
NOW, THEREFORE, in consideration of the mutual covenants, promises, and agreements
herein contained, the receipt and sufficiency of which is hereby acknowledged, the parties agree
as follows:
The above recitals are true and correct and hereby adopted and incorporated herein.
1. COUNTY Responsibilities:
A. Petition the benefitting property owners within the PROJECT boundary to determine if a
majority (51%) of the returned petitions are in favor of being assessed by the COUNTY for the
PROJECT.
B. Notify the benefitting property owners, by letter, of their proposed assessment which will
be established and confirmed at a public hearing before the Palm Beach County Board of County
Commissioners (BCC). Letter will be sent when all PROJECT costs have been determined,
including but not limited to the CITY received bid, Palm Beach County Property Appraisers',
Office of the Clerk & Comptrollers' and Tax Collectors' fees. Letter must also include the public
hearing date and location.
C. Hold a said public hearing before the BCC to establish and confirm the benefitting property
owners' assessment.
D. Provide the CITY with a list of benefitting property owners based on the assessment roll
approved at the COUNTY Public Hearing.
E. Transfer the assessments collected to the CITY on the first workday of each quarter of the
calendar year.
2. CITY Responsibilities:
A. Design, obtain all necessary permits including COUNTY permits, Construct and maintain
the Project during and after completion at the City's sole cost.
B. Participate in the Public Hearing before the BCC to answer any questions.
C. Reimburse the COUNTY for costs incurred during the administration of the MSTU
assessment program for the PROJECT, including but not limited to staff costs, initial petition
process, public hearing process and mailing costs, at the following lump sum for each milestone
achieved:
1. Initial Petition process Completion: $2,500, regardless of the outcome of the petitions;
2. Public Hearing process: $2,500, regardless of the outcome of the Public Hearing; and
3. PROJECT Completion - Final Assessment Roll filed: $2,500.
The CITY shall pay to the COUNTY compensation as set forth above within thirty (30) days of
receiving written notification from the COUNTY of completion of the above milestones.
COUNTY will not proceed with work for the next milestone until payment of the previous
milestone is received.
Page 2
D. The CITY shall require each contractor engaged by the CITY for work associated with the
AGREEMENT to maintain:
a. Commercial General Liability coverage, including vehicle coverage, in combined single
limits of not less than ONE MILLIONS DOLLARS ($1,000,000.00). The COUNTY shall
be named as an additional insured on the certificate of insurance.
b. A payment and performance bond for the total amount of the PROJECT in accordance
with Florida Statute 255.05.
c. Workers' Compensation coverage in accordance with Florida Statutes
3. PERSONNEL:
All of the PROJECT services required herein shall be performed by the CITY's contractor and
will be overseen by CITY personnel. All personnel engaged in performing the services shall be
fully qualified and, if required, authorized or permitted under state and local law to perform such
services.
As provided in Section 287.132-133, Fla. Stat., by entering into the agreement or performing any
work in furtherance hereof, CITY certifies that its' affiliates, suppliers, contractors, sub-
contractors and consultants who perform work hereunder, have not been placed on the convicted
vendor list maintained by the State of Florida Department of Management Services within 36
months immediately preceding the date hereof. This notice is required by Section 287.133(3)(a),
Fla. Stat.
4. INDEMNIFICATION:
Each Party shall be liable for its own actions and negligence and, to the extent permitted by law,
County shall indemnify, defend and hold harmless City against any actions, claims or damages
arising out of County's negligence in connection with this Agreement, and City shall indemnify,
defend and hold harmless County against any actions, claims, or damages arising out of City's
negligence in connection with this Agreement. The foregoing indemnification shall not constitute
a waiver if sovereign immunity beyond the limits set forth in Florida Statutes, Section 768.28, nor
shall the sand be construed to constitute agreement by either party to indemnify the other party for
such other party's negligent, willful or intentional acts or omissions.
5. NOTICE:
All notices, requests, consents and other communications required or permitted under this
Agreement shall be in writing and shall be hand delivered by prepaid express overnight courier of
messenger services, or mailed by registered or certified mail to the following addresses:
COUNTY Palm Beach County Engineering Department
Attention: Tanya N. McConnell, P.E.
Deputy County Engineer
P.O. Box 21229, W. Palm Beach, FL 33416
Page 3
CITY City of Boynton Beach Public Services
Attention: Colin Groff, PE
Assistant City Manager — Public Services
100 E Boynton Beach Blvd.,
Boynton Beach, FL 33435
If either party changes its mailing address of designated recipient for notices, such change shall be
communicated in writing to the other party within thirty (30) days of the change.
6. MISCELLANEOUS PROVISIONS
A. REMEDIES:
This Agreement shall be governed by the laws of the State of Florida. Any legal action necessary
to enforce the Agreement will be held in Palm Beach County. No remedy herein conferred upon
any party is intended to be exclusive of any other remedy, and each and every such 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, by statute or otherwise. No single or partial exercise by any party of
any right, power, or remedy hereunder shall preclude any other or further exercise thereof. The
failure of any party to insist on a strict performance of any of the terms and conditions hereof shall
not be deemed a waiver of any subsequent breach or default in any terms and conditions.
B. THIRD PARTY BENEFICIARIES:
No provision of this Agreement is intended to, or shall be construed to, create any third party
beneficiary or to provide any rights to any person or entity not a party to this Agreement, including
but not limited to any citizen or employees of the COUNTY and/or CITY.
C. ARREARS:
The CITY shall not pledge the COUNTY's credit or make it a guarantor of payment or surety for
any agreement, debt, obligation, judgment, lien, or any form of indebtedness. The CITY further
warrants and represents that it has no obligation or indebtedness that would impair its ability to
fulfill the terms of this Agreement.
D. ACCESS AND AUDITS:
The CITY shall maintain adequate records to justify all charges, expenses, and costs incurred in
estimating and performing the work for at least three (3) years after completion or termination of
this Agreement. The COUNTY shall have access to such books, records, and documents as
required in this section for the purpose of inspection or audit during normal business hours, at the
CITY's place of business.
Page 4
Palm Beach County has established the Office of the Inspector General in Palm Beach County
Code, Section 2-421 - 2-440, as may be amended. The Inspector General's authority includes but
is not limited to the power to review past, present and proposed County agreements, transactions,
accounts and records, to require the production of records, and to audit, investigate, monitor, and
inspect the activities of the CITY, its officers, agents, employees, and lobbyists in order to ensure
compliance with agreement requirements and detect corruption and fraud.
Failure to cooperate with the Inspector General or interfering with or impeding any investigation
shall be in violation of Palm Beach County Code, Section 2-421 - 2-440, and punished pursuant
to Section 125.69, Fla. Stat., in the same manner as a second-degree misdemeanor.
E. NONDISCRIMINATION:
The CITY will include in the aquatic management contract that, the Contractor warrants and
represents that all of its employees are treated equally during employment without regard to race,
color, religion, disability, sex, age, national origin, ancestry, marital status, familial status, sexual
orientation, gender identity and expression, or genetic information.
F. SEVERABILITY:
If any term or provision of this Agreement, or the application thereof to any person or
circumstances shall, to any extent, be held invalid or unenforceable, the remainder of this
Agreement, or the application of such terms or provision, to persons or circumstances other than
those as to which it is held invalid or unenforceable, shall not be affected, and every other term
and provision of this Agreement shall be deemed valid and enforceable to the extent permitted by
law.
G. ENTIRETY OF AGREEMENT
The COUNTY and the CITY agree that this Agreement sets forth the entire agreement between
the parties, and that there are no promises or understandings other than those stated herein. None
of the provisions, terms and conditions contained in this Agreement may be added to, modified,
superseded or otherwise altered, except by written instrument executed by the parties hereto.
F. ATTORNEY FEES:
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; provided,
however, that this clause pertains only to the parties to the Agreement.
I. GOVERNING LAW AND VENUE:
This Agreement and all transactions contemplated by this Agreement shall be governed by, and
construed and enforced in accordance with, the laws of the State of Florida without regard to any
contrary conflicts of laws principle. Venue of all proceedings in connection herewith shall be
exclusively in Palm Beach County, Florida, and each party hereby waives whatever their
respective rights may have been in the selection of the venue.
Page 5
J. LIABILITY:
The parties to this Agreement shall not be deemed to assume any liability for the negligent or
wrongful acts, or omissions of the other party (or parties). Nothing contained herein shall be
construed as a waiver by the parties, of the liability limits established in Section 768.28, Fla. Stat.
K. LAWSUITS:
CITY shall promptly notify COUNTY of any lawsuit -related complaint, or cause of action
threatened or commenced against it, which arises out of or relates, in any manner, to the
performance of this Agreement.
L. DEFAULT:
The parties expressly covenant and agree that in the event any of the parties is in default of its
obligations under this Agreement, the parties not in default shall provide to the defaulting party
thirty (30) days written notice before exercising any of their rights.
M. JOINT PREPARATION:
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.
N. BINDING EFFECT:
All of the terms and provisions of this Agreement whether so expressed or not, shall be binding
upon, inure to the benefit of, and be enforceable by the parties and their respective legal
representatives, successors and permitted assigns.
O. HEADINGS:
The headings contained in this Agreement are for convenience of reference only, and shall not
limit or otherwise affect in any way the meaning or interpretation of this Agreement.
P. COUNTERPARTS:
This Agreement may be executed in one or more counterparts, each of which shall be deemed an
original, but all of which together shall constitute one and the same instrument.
Q. ASSIGNABILITY:
This Agreement may not be assigned without prior written consent of all parties to this Agreement,
provided such consent may not be unreasonably withheld.
R. ANNUAL APPROPRIATION:
County's performance and obligation to pay under the Agreement is contingent upon an annual
appropriation by the Board.
S. FILING:
Page 6
EXECUTED by the CITY OF BOYNTON BEACH this ,17 day of T b ru_itit(201P.
(Authority Seal)
RE
414,i ,N44
ATTEST: CITY OF BOYNTON BEACH
aBOY�,s jr
Ju th Pyle, CITY Clergy Steven B. Grant, Mayor
APPROVE li? AS T FORM AND LEGAL SUFFICIENCY
AV
CITY At orney
MAY 1 5 2018
EXECUTED by COUNTY this day of , 201_.
(County Seal)
82010 07
ATTEST: `��..`"v��"%\ti�1 PALM BEACH COUNTY, FLORIDA
SHARON R. BOCK, =�r13.Y.., By ITS BOARD OF COUNTY
CLERK AND COMP? 'L'ER Be,40
•;O ��i,'/,,� COMMISSIONERS
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Deputy Clerk, _d'• . '� Mayor Melissa McKInq
APPROVED AS TO FORM APPROVED AS TO TERMS
AND LEGAL SUFFICIENCY AND CONDITIONS:
"4/141.4.41._ 4,k6„,4,
A:si . t County Attorney Division Director
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Page 8
CLERK AND COMPTROLLER
Deputy Clerk,
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY
Assistant County Attorney
Page 8
COMMISSIONERS
Mayor
APPROVED AS TO TERMS
AND CONDITIONS:
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EXHIBITILII Date: November 27th, 2017