R18-056 1 RESOLUTION NO. R18-056
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3 A RESOLUTION OF THE CITY OF BOYNTON BEACH,
4 FLORIDA, APPROVING AND AUTHORIZING THE
5 MAYOR TO SIGN AN INTERLOCAL GRANT
6 AGREEMENT BETWEEN THE CITY OF BOYNTON
7 BEACH AND SOLID WASTE AUTHORITY OF PALM
8 BEACH COUNTY FOR$16,000 OF FUNDING TOWARDS
9 THE COST OF INSTALLING AN INDUSTRIAL,
10 AUTOMATED GATE AT THE CITY'S ROLLING GREEN
11 COMPLEX; AND PROVIDING AN EFFECTIVE DATE.
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14 WHEREAS, on October 5 the Solid Waste Authority released a Blighted and
15 Distressed Property Clean-up and Beautification Grant Application to which the City
16 Commission authorized the City Manager apply; and
17 WHEREAS, the grant is intended to assist in the clean-up and beautification of
18 distressed, blighted or otherwise impacted properties; and
19 WHEREAS, the grant has been received in the amount of$16,000; and
20 WHEREAS,the Interlocal Grant Agreement is intended to assist in the cleanup and
21 beautification of distressed,blighted or otherwise impacted public properties within both the
22 unincorporated and incorporated areas of Palm Beach County.
23 NOW,THEREFORE,BE IT RESOLVED BY THE CITY COMMISSION OF
24 THE CITY OF BOYNTON BEACH,FLORIDA, THAT:
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26 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
27 being true and correct and are hereby made a specific part of this Resolution upon adoption
28 hereof.
29 Section 2. The City Commission approves and authorizes the Mayor to sign an
30 Interlocal Grant Agreement with the Solid Waste Authority of Palm Beach County for receipt
31 of grant funds in the amount of$16,000 towards a Rolling Green Gate Project,a copy of the
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32 Interlocal Gate Agreement is attached hereto as Exhibit"A".
33 Section 3. This Resolution shall become effective immediately upon passage.
34 PASSED AND ADOPTED this 3rd day of April, 2018.
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37 CITY OF BOYNTON BEACH, FLORIDA
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39 YES NO
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41 Mayor— Steven B. Grant
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43 Vice Mayor—Christina L. Romelus
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45 Commissioner—Mack McCray
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47 . Commissioner—Justin Katz
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49 Commissioner—Joe Casello
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52 VOTE 5-0
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54 ATTEST:
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56
57 ' `�
58 Jud, A. Pyle, CMC
59 Ci{{ Clerk
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61
62
63 (Corporate Seal)
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INTERLOCAL GRANT AGREEMENT
BY AND BETWEEN
CITY OF BOYNTON BEACH
AND
SOLID WASTE AUTHORITY OF PALM BEACH COUNTY
(Blighted and Distressed Property Clean-Up and Beautification Grant)
THIS INTERLOCAL GRANT AGREEMENT is made and entered into this day
of , 2018, by and between the Solid Waste Authority of Palm Beach County, a
dependant special district created pursuant to Chapter 2001-331, Laws of Florida, as amended,
hereinafter (the "Authority") and City of Boynton Beach, a public agency created pursuant to
Chapter 163, Part III, Florida Statutes, hereinafter (the "Applicant"), by and through its duly
authorized Board.
WITNESSETH:
WHEREAS, Section 163.01, Florida Statutes, authorizes local governments to make the
most efficient use of their powers by enabling them to cooperate with other localities on a basis
of mutual advantage and thereby to provide services and facilities that will harmonize
geographic, economic, population and other factors influencing the needs and development of
local communities; and
WHEREAS, the Authority's Governing Board has appropriated in the Authority's
adopted 2017/2018 fiscal year budget funds for Blighted and Distressed Property Clean-up and
Beautification Grants; and
WHEREAS, this Interlocal Grant Agreement is intended to assist in the cleanup and
beautification of distressed, blighted, or otherwise impacted public properties within both the
unincorporated and incorporated areas of Palm Beach County; and
WHEREAS, this Grant is provided as an incentive to improve the quality of life and
provide a safer, healthier and more aesthetically pleasing environment for the residents of Palm
Beach County; and
WHEREAS, tie Applicant owns and controls a parcel(s) of land located within the
municipal boundaries of the Applicant and referred to hereinafter as (the "Property"); and
WHEREAS, the Property is in a state of disrepair, is visible to the surrounding
community, and attracts nuisances, including illegal dumping, littering and criminal activity to
the detriment of the surrounding community; and
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WHEREAS, the Applicant wishes to install an industrial, automated, cantilevered gate
(the "Project"); and
WHEREAS, the Authority is the agency responsible for providing solid waste disposal
and recycling programs for Palm Beach County and desires to assist the Applicant by defraying
the cost of the demolition, disposal and hauling, and improvement activities associated with the
Project through the provision of this Granit.
NOW, THEREFORE, in consideration of the mutual terms, conditions, promises,
covenants, and obligations set forth herein, the Authority and Applicant agree as follows:
1. Incorporation of Facts
The facts and background set forth above in the Preamble to this Agreement are true and
correct and incorporated into and made a part of this Grant.
2. Purpose
The purpose of this Grant is to set forth the respective duties, rights and obligations of the
parties relating to the Authority's provision of this Grant and the Applicant's
performance of the Project.
3. Contract Representatives and Monitors
The Authority's Contract Representative and Monitor during the execution of the Project
shall be John Archambo, Director of Customer Relations, or his designee, whose
telephone number is (561) 697-2700. The Applicant's Contract Representative and
Monitor shall be Gary Dunmyer, whose telephone number is (561) 742-6231.
4. The Project
A. The Applicant wants to install a 24 feet wide (6 feet tall) industrial, automated,
cantilevered gate at the City's Rolling Green Municipal Complex to prevent fly
dumping, graffiti, and theft of City owned dumpsters/trash cans.
5. Effective Date and Term
This Grant shall take effect upon execution by the parties and shall remain in full force
and effect until March 30, 2019.
6. Conduct of the Project
A. The Applicant shall be solely responsible for all aspects of the Project, including but
not limited to securing funding, securing all permits and approvals, procuring all
labor and materials, and maintaining the property consistent with the intent of this
Grant for its full term.
B. The Authority shall only, without exception, be responsible for providing the Grant
funding in the amounts and upon the Project milestones identified herein.
C. Applicant agrees that it shall endeavor to complete the Project within 12 months
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from the date of execution of this Grant. The Applicant may request an extension(s)
beyond this period for the purpose of completing the Project. The Authority agrees
that it may not unreasonably refuse Applicant's request for an extension(s) as long as
the Applicant is diligently pursuing the completion of the Project.
D. Prior to commencement of the Project, Applicant shall submit a final project
schedule to include starting and completion dates. The Authority shall review all
documents within five (5) business days of receipt. If the Authority does not
respond within the five (5) day period, then the Applicant may proceed as if the
Authority had no comments or objections.
E. The Applicant will submit monthly Project status reports to Authority's Contract
Representative and Monitor by the fifteenth (15th) of the subsequent month. The
reports will include, but will not be limited to, a summary of the work accomplished,
problems encountered, percentage of completion and other information as deemed
appropriate by Authority's Contract Representative and Monitor.
7. Funding
The Authority shall disburse Grant funds in the amount of$16,000.00 as follows:
A. Upon approval of final project schedule, the Authority shall disburse a check
equal to 50% of the total grant award.
B. Upon contractor mobilization, the Authority shall disburse a check equal to 25%
of the total grant award within 10 days of written request by the Applicant.
C. Upon completion of the project, remaining grant funds shall be disbursed within
10 days of written request by Applicant.
Applicant is solely responsible for providing all other funds necessary to complete the •
Project. The Authority shall not have an obligation to provide additional funding.
8. Ownership and Maintenance of the Project
Applicant hereby represents and warrants that it is the fee simple owner of the Property
and that the Property is unencumbered and free and clear of other interests, of any type or
character. In the event any liens or encumbrances are filed or recorded against the
Property, the Applicant shall immediately take all necessary steps, at its sole cost and
expense, to clear and remove all such liens, interests or encumbrances. The Applicant
represents and warrants that it has full legal authority to enter into this Grant. The
Applicant further warrants that it has the financial ability to maintain the Property as
specifically intended and required under this Grant.
A. The Applicant shall be solely responsible for all necessary costs, expenses, fees,
charges, and all other liabilities of any type related to the execution and maintenance
of the Project consistent with the intent of this Grant.
B. The Applicant shall maintain the Property for the entire duration of this Grant
Agreement in order to prevent the Property from reverting back to its previous state.
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In its application, Applicant provided a plan for maintaining the property consistent
with the intent of this Grant and the Applicant will faithfully execute that plan.
C. The rights and duties arising under this Grant shall inure to the benefit of and be
binding upon the parties hereto and their respective successors and assigns.
However, this Grant shall not be assigned without the prior written consent of the
Authority, and any such assignment without the prior written consent of the
Authority shall constitute grounds for termination of this Grant for cause.
9. Access and Audit
Each party will maintain all books, records, accounts, and reports associated with this
Grant for a period of not less than five (5) years after the later of the date of termination
or expiration of this Agreement. All said records will be available to the other upon
request. In the event claims are asserted or litigation is commenced related to or arising
out of the performance of this Agreement, each party agrees that it will maintain all
records relating to the Project and the Property until the other party has disposed of all
such litigation, appeals, claims, or exceptions related thereto.
10. License and Permit
The Applicant hereby grants to the Authority an irrevocable license and permit to access
the Property, surrounding roadways, walkways, and any other means of ingress and
egress to the Property for the purpose of ensuring compliance with this Grant for the
duration of this Grant. The Parties each acknowledge that good and valuable
consideration has been received to maintain such irrevocable license for the duration of
this Grant.
11. Insurance
A. Without waiving the right to sovereign immunity as provided by Section 768.28,
F.S., each party acknowledges that it is either insured or self-insured for General
Liability and Automobile Liability under Florida's sovereign immunity statutes with
coverage limits of$200,000 Per Person and $300,000 Per Occurrence, or such other
sovereign immunity waiver limits that may change as set forth by the State
Legislature at the time of such occurrence.
B. The Applicant agrees to maintain or to be self-insured for Workers' Compensation&
Employers' Liability insurance in accordance with Chapter 440, Florida Statutes.
C. When requested, each party shall provide to the other, an affidavit or Certificate of
Insurance evidencing insurance, self-insurance and/or sovereign immunity status.
D. Compliance with the foregoing requirements shall not relieve either party of its
liability and other obligations under this grant.
E. The Applicant agrees to include no less than the above-stated insurance requirements
as to type of coverage and dollar amount so as to meet the minimum requirements
set forth above in all contracts related to the construction, use, or maintenance of the
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A. Project and the Property, and shall establish and maintain such coverage as a
requirement for the issuance of any permit, license, or right to use or occupy the
Project and Property unless this requirement is expressly waived in writing by the
County's Contract Representative and Monitor with the approval of County's
Department of Risk Management.
12. Public Entity Crimes
Each party shall comply with Section 287.133(2)(a), F.S., as amended, which provides in
pertinent part as follows:
A person or affiliate who has been placed on the convicted vendor list
following a conviction for a public entity crime may not submit a bid on a
contract to provide any goods or services to a public entity,may not submit
a bid on a contract with a public entity for the construction or repair of a
public building or public work, may not submit bids on leases of real
property to a public entity, may not be awarded or perform work as a
contractor, supplier, subcontractor, or consultant under a contract with any
public entity, and may not transact business with any public entity in excess
of the threshold amount provided in Section 287.017,F.S.for Category Two
for a period of thirty-six (36) months from the date of being placed on the
convicted vendor list.
13. No Third Party Beneficiaries
Except as specifically set forth and as limited herein,this Grant confers no rights on anyone
other than the Authority or the Applicant and is not otherwise intended to be a third party
beneficiary contract in any respect. Nothing contained in this Agreement shall constitute
the Authority's acceptance of any obligation or liability not otherwise imposed under this
Grant or by law upon the Authority.
14. Termination
A. In the event the Applicant fails to comply with any provision of this Grant, the
Authority may exercise any and all rights available to it, including termination of this
Grant. The Authority will notify the Applicant of its noncompliance and provide the
Applicant thirty (30) days or such additional period granted by the Authority to cure
the noncompliant event(s) or act(s). In the event the Applicant has not cured the
noncompliant act(s) or event(s), or if the Applicant cannot cure the noncompliant
act(s) or event(s),the Authority may terminate this Grant. If the Authority terminates
this Grant for the Applicant's failure to cure under this provision, the Authority may
require the Applicant to pay to the Authority the Grant funds that were provided by
the Authority for the Project.
B. The Authority may also terminate this Agreement for convenience,in whole or in part,
at any time, by written notice of such termination to the Applicant should the
Authority, in its sole discretion, determine that it is necessary to do so for any reason.
The Authority shall notify the Applicant of its intent to terminate for convenience at
least ninety(90) days in advance of the termination date by delivering notice of such
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delivering notice of such to the Applicant specifying the extent of termination and the
effective date. In the event the Authority terminates this Grant for its convenience,the
Applicant will be relieved of any obligation it might otherwise have to pay to the
Authority the sum of money set forth in paragraph 14.A above. The Applicant affirms
that the benefits promised to it under this Grant are adequate consideration to support
not only its duties and obligations under this Grant, but also support the Authority's
right to terminate this Grant for convenience and its limitation of remedies against the
Authority to those specifically set forth herein, regardless of the harm, if any, caused
by the Authority's termination of this Grant for convenience.
C. Upon termination of this Grant as set forth herein, both the Authority and Applicant
agree and acknowledge that their respective legal or equitable remedies against the
other for termination of this grant are expressly limited to those contained in this Grant.
Notwithstanding the foregoing,the parties agree to comply with all applicable statutory
dispute resolution procedures as provided under Florida law.
15. Office of the Inspector General
Palm Beach County has established the Office of the Inspector General pursuant to,
Ordinance No. 2009-049, as amended,which is authorized and empowered to review past,
present and proposed County contracts,transactions, accounts and records. The Authority
has entered into an agreement with Palm Beach County for Inspector,General services.
This agreement provides for the Inspector General to provide services to the Authority in
accordance with the authority, functions, and powers set out in the Inspector General
Ordinance as amended. All parties doing business with the Authority and receiving
Authority funds shall fully cooperate with the Inspector General including,but not limited
to,providing access to records relating to this Grant. The Inspector General has the power
to subpoena witnesses, administer oaths, require the production of records, and audit,
investigate, monitor, and inspect the activities of the Applicant, its officers, agents,
employees, and lobbyists in order to ensure compliance with the Agreement and detect
corruption and fraud. Failure to cooperate with the Inspector General or interference with
or impeding any investigation shall be a violation of the Inspector General Ordinance, as
amended, and punishable pursuant to Section 125.69,Florida Statutes,in the same manner
as a second degree misdemeanor.
16. No Liability or Waiver of Sovereign Immunity
Neither party shall be deemed to have assumed any liability for the negligent or wrongful
acts or omissions of the other party. Nothing contained in this Grant shall act or constitute
a waiver of either party's sovereign immunity in excess of that waived by the Legislature
in Section 786.28, F.S.
17. No Agency Relationship
Nothing contained herein is intended to nor shall it create an agency relationship between
the Authority and the Applicant.
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18. Remedies and Limitations of Liability
A. This Grant shall be construed by and governed by the laws of the State of Florida.
Any and all legal action necessary to enforce the Agreement shall be in a State Court
of competent jurisdiction located in Palm Beach County, Florida.
B. The Authority and Applicant both acknowledge that their respective remedies against
the other for termination of this Grant as set forth herein are limited solely to those in
this Grant.
C. The Authority's remedies against the Applicant shall be limited to the recovery of any
sums of money provided to it under this Grant. The Authority shall have no further
or additional liability to the Applicant or any other person or entity arising from, or
related in any way to this Grant, and in no event shall the Applicant's liability to the
Authority, for any reason, exceed the total amount of this Grant.
D. The Applicant's remedies against the Authority shall be limited to the sum of money
the Applicant has expended or is expressly liable for pursuant to a written contract
entered into for the sole purpose of completing the Project itself, and not related,
ancillary or adjunct matters. However, in no event shall the Authority's liability to the
Applicant for any reason, exceed the total amount of this Grant.
19. Enforcement Costs
To the extent that enforcement of the Grant becomes necessary by either the Authority or
the Applicant, each party shall bear their own attorney's fees, taxable costs, or any other
costs related to such enforcement, including any form of alternative dispute resolution.
20. Notice
All written notices required under this Agreement shall be in writing and hand delivered
or sent by certified mail, return receipt requested, and if sent to the Authority shall be
mailed to:
John Archambo, Director
Customer Relations
7501 N. Jog Road
West Palm Beach, FL 33412
with copies to:
County Attorney's Office
301 North Olive Avenue
Suite 601
West Palm Beach, FL 33401
and, if sent to the Applicant shall be mailed to:
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Lori LaVerriere, City Manager
City of Boynton Beach
100 East Boynton Beach Blvd.
Boynton Beach, FL 33435
Each party may change its address upon notice to the other.
21. No Waiver
No waiver of any provisions of this Grant, or any amendment hereto, shall be effective
unless it is in writing, signed by the party against whom it is asserted. Any such written
waiver shall only be applicable to the specific instance to which it relates and shall not be
deemed a continuing or future or continuing waiver.
22. Captions
The captions and section designations herein set forth are for convenience only and shall
have no substantive meaning.
23. Joint Preparation
The preparation of this Grant has been a joint effort of the parties, and the resulting
document shall not, solely as a matter of judicial construction, be construed more
severely against one of the parties than the other.
24. Severability
Should any section, paragraph, sentence, clause, or provision hereof be held by a court of
competent jurisdiction to be invalid, such shall not affect the remaining portions of this
Agreement.
25. Entirety of Contract and Modifications
The Authority and Applicant agree that this Grant sets forth the entire agreement and
understanding between the parties of their respective rights or obligations hereunder,
including the intent of this Grant. There are no promises or understandings other than
those stated herein. No modification, amendment 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.
26. Survivability
Provisions of this Grant which are of a continuing nature or impose obligations which
extends beyond the term of this Grant shall survive its expiration or earlier termination.
27. Filing
A copy of this Agreement shall be filed with the Clerk and Comptroller of the Circuit
Court in and for Palm Beach County.
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IN WITNESS WHEREOF, the Solid Waste Authority of Palm Beach County and City
of Boynton Beach have hereunto set their hands the day and year above written.
Witnes
1.
2.
Approved as to Legal Form and Sufficiency
oward J. Falcon III
Gene , �u nsel to the Authority
SOLID WASTE AUTHORITY OF
PALM BEACH O TY
By:
Mark Hammond
Executive Director
Attest:
By;
JuqA A. Pyle, CMC,
City Clerk
Approved as to Legal Form and Sufficiency
By
J mes A. Chdr F sui
City Attorney
(SEAL)
111 T 11 BE CA' PlAr
CITT OF BO
.�/
Steven B. Grant
Approved by the Solid Waste Authority Board on February 28, 2018, Item 9.D.1
Approved by the City of Boynton Beach on , Fr Item w. ,
I
Mayor