R18-143 1 RESOLUTION NO. R18-143
2 A RESOLUTION OF THE CITY OF BOYNTON BEACH,
3 FLORIDA, APPROVING AND AUTHORIZING THE MAYOR TO
4 SIGN AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF
5 BOYNTON BEACH AND THE BOYNTON BEACH COMMUNITY
6 REDEVELOPMENT AGENCY TO PROVIDE PARTIAL FUNDING
7 FOR IMPROVEMENTS AT SARA SIMS PARK; AND PROVIDING
8 AN EFFECTIVE DATE.
9 WHEREAS; on September 11, 2018 the Boynton Beach CRA approved the Interlocal
10 Agreement between the City and the CRA for partial funding associated with the Sara Sims
11 Improvement Project; and
12 WHEREAS,the Interlocal Agreement will allow the City to request up to $600,000 in
13 funding assistance from the CRA as the project progresses; and
14 WHEREAS, the City Commission of the City of Boynton Beach, Florida, upon the
15 recommendation of staff, deems it to be in the best interests of the City residents to approve and
16 authorize the Mayor to sign an Interlocal Agreement with the Boynton Beach Community
17 Redevelopment Agency to provide partial funding for improvements at Sara Sims Park.
18 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
19 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
20 Section 1. Each Whereas clause set forth above is true and correct and incorporated
21 herein by this reference.
22 Section 2. The City Commission of the City of Boynton Beach,Florida does hereby
23 approve and authorize the Mayor to sign the Interlocal Agreement between the City of Boynton
24 Beach and the Boynton Beach Community Redevelopment Agency to provide partial funding,
C:\Users\Stanzionet\Appdata\Local\Microsoft\Windows\Temporary Internet
Files\Content.IE5\SATNOEVN\ILA_W ith_CRA_For_Partial_Funding_For_Sara_Sims_Park_-_Reso.Docx
25 up to $600,000, for improvements at Sara Sims Park, a copy of said Interlocal Agreement is
26 attached hereto as Exhibit"A".
27 Section 3. That this Resolution shall become effective immediately upon passage.
28 PASSED AND ADOPTED this 2nd day of October, 2018.
29 CITY OF BOYNTON BEACH, FLORIDA
30
31 YES NO
32
33 Mayor- Steven B. Grant
34
35 Vice Mayor-Christina L. Romelus
36
37 Commissioner-Mack McCray
38
39 Commissioner-Justin Katz
40
41 Commissioner-Joe Casello
42
43 VOTE v
44 ATTEST:
45
46 �l
47 j- ✓c/. /r4
48 Judith '. Pyle, CMC
49 City lerk
50
51
52 (City Seal)
53
..i
tw
C:\Users\Stanzionet\Appdata\Local\Microsoft\Windows\Temporary Internet
Files\Content.IE5\SATNOE VN\ILA_W ith_CRA_For_Partial_Funding_For_Sara_Sims_Park_-_Reso.Docx
R \% — \ L-13
INTERLOCAL AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND
THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY FOR THE
FUNDING OF CERTAIN PORTIONS OF THE SARA SIMS PARK IMPROVEMENT
PROJECT LOCATED WITHIN THE COMMUNITY REDEVELOPMENT AREA
THIS AGREEMENT ("Agreement") is made by and between the CITY OF
BOYNTON BEACH, a Florida Municipal Corporation, ("CITY"), and the BOYNTON
BEACH COMMUNITY REDEVELOPMENT AGENCY, ("CRA") (individually and
collectively, the "Party" or"Parties").
WITNESSETH:
WHEREAS, the 2016 Boynton Beach Community Redevelopment Plan ("Plan")
(Exhibit"A") calls for the redevelopment of the Community Redevelopment Area("CRA Area")
as described in the Plan; and
WHEREAS, the CITY and the CRA desire to provide funding for the enhancement and
improvement to Sara Sims Park (the "Project"), as further described in Exhibit "B," which is
hereby incorporated herein; and
WHEREAS, the Project site lies within the boundaries of the CRA Area, and more
specifically, in the Heart of Boynton District; and
WHEREAS, the Project is intended to improve the quality, aesthetics and function of
Sara Sims Park for the residents of the Heart of Boynton District; and
WHEREAS, the CRA Board finds that this Agreement, and the use of the CRA's funds
for the Project, is consistent with the CRA's Redevelopment Plan and Chapter 163, Florida
Statutes; and
WHEREAS, due to the intended elimination of slum and blighted conditions, and the
beneficial neighborhood and redevelopment impact of the Project, the CRA and the CITY find
that this Agreement serves a municipal and public purpose, and is in the best interest of the
health, safety, and welfare of the CITY of Boynton Beach, including the Community
Redevelopment Area;
NOW, THEREFORE, in consideration of the mutual covenants and promises herein
contained, the parties hereby agree as follows:
1. Recitals. The recitations set forth above are hereby incorporated herein.
01039564-I 1
2. Obligations of the CRA.
a. The CRA shall provide funding to the CITY in an amount not to exceed Six
Hundred Thousand and 00/100 Dollars ($600,000.00), for physical improvements to the Project
consistent with the terms of this Agreement, to be used for reimbursement of certain eligible
costs.
b. The CRA shall make payments to the CITY upon receipt of a complete written
request from the CITY for payment, which request shall comply with all requirements of this
Agreement.
3. Obligations of the CITY.
a. The CITY shall ensure funds provided by the CRA are not used for any purposes
prohibited by § 163.370(3), Florida Statutes, or otherwise prohibited by law.
b. The CITY shall ensure that the Project is designed and constructed in compliance
with the Plan.
c. The CITY shall be responsible for overseeing the Project, coordinating with the
contractor(s), and otherwise contracting and coordinating with all other entities as necessary to
effectuate the Project,but shall coordinate with the CRA concerning compliance with the Plan.
d. Upon request from the CRA, or an authorized agent of the CRA, including the
Executive Director and the CRA Attorney, the CITY shall provide all documents reasonably
requested by the CRA or CRA's agent concerning compliance with this Agreement, specifically
including any documentation concerning compliance with Florida Statutes.
4. Reimbursement of Funds
a. The CITY shall provide a written request for reimbursement of funds
("Reimbursement Request") to the CRA no later than 30 days after payment by the CITY of
funds for which it is seeking reimbursement, and in no case later than 30 days after the Project
achieves final completion. For purposes of this Agreement, final completion shall be deemed
achieved upon issuance of a Certificate of Completion, or equivalent. The request shall include
the following information:
i. The amount of reimbursement requested;
01039564-1 2
ii. A summary of the Project improvements for which the CITY seeks
reimbursement;
iii. A statement that the Project is in compliance with the Plan and Florida
Statutes and evidence supporting the same.
iv. Copies of all invoices, receipts, and any other documentation necessary to
evidence the amount and purpose for each payment made by the CITY for the
Project for which the CITY is seeking reimbursement.
v. For any Reimbursement Request submitted after final completion, a fully
executed Certificate of Completion, or equivalent. by;
vi.
b. Upon receipt of a complete Reimbursement Request from the CITY that meets the
requirements of this Agreement, the CRA shall remit funding in the amount requested, consistent
with this Agreement, to the CITY within thirty (30) days of receipt of the Reimbursement
Request.
c. If the CITY fails to submit a Reimbursement Request within 30 days after the
Project achieves final completion, the CITY will no longer be eligible to receive any
reimbursement and this Agreement shall terminate. If the CITY submits a Reimbursement
Request that the CRA deems incomplete, the CRA shall notify the CITY in writing. The CITY
shall have 30 days from receipt of the notice to provide the necessary documentation to complete
the Reimbursement Request. If the CITY fails to provide the documentation required by the
CRA within 30 days, the CITY shall only be eligible for the portion of the Reimbursement
Request, if any, that the CRA deems complete and eligible. The CRA will not reimburse the
CITY for any portion of the request the CRA deems ineligible for reimbursement.
5. Limits of CRA Obligations for the Project. The Parties agree that the CRA shall only
be responsible for providing reimbursement to the CITY for eligible expenses for the Project, and
shall not otherwise be responsible for effectuating the Project.
6. Indemnification. The CITY shall indemnify, save, and hold harmless the CRA, its
agents, and its employees from any liability, claim, demand, suit, loss, cost, expense or damage
which may be asserted, claimed, or recovered against or from the CRA, its agents, or its
employees, by reason of any property damages or personal injury, including death, sustained by
any person whomsoever, which damage is incidental to, occurs as a result of, arises out of, or is
01039564-1 3
otherwise related to the negligent or wrongful conduct of persons or the faulty equipment
(including equipment installation and removal) associated with the Project. Nothing in this
Agreement shall be deemed to affect the rights, privileges, and sovereign immunities of the CRA
or the CITY as set forth in Section 768.28, Florida Statutes. This paragraph shall not be
construed to require the CITY to indemnify the CRA for CRA's own negligence, or intentional
acts of the CRA, its agents or employees. Each party assumes the risk of personal injury and
property damage attributable to the acts or omissions of that party and its officers, employees and
agents.
7. Term of the Agreement. This Agreement shall become valid and commence upon
execution by the last Party to this Agreement, and unless earlier terminated pursuant to this
Agreement, shall terminate after the Project has obtained a Certificate of Completion, or
equivalent, and the CRA reimburses the CITY for the Project. In no case shall the CRA be
required to reimburse the CITY for any untimely requests, or requests submitted after this
Agreement is terminated. The term of the Agreement may be extended only upon the execution
of a written amendment signed by the CITY Commission and the CRA Board. Nothing in this
paragraph shall be construed so as to affect a Party's right to terminate this Agreement in
accordance with other provisions in this Agreement.
8. Records. The CITY and the CRA each shall maintain their own records and documents
associated with this Agreement in accordance with the requirements set forth in Chapter 119,
Florida Statutes. All such records shall be adequate to justify all charges, expenses, and costs
incurred in accordance with generally accepted accounting principles. Each Party shall have
access to the other Party's books, records and documents as required in this Agreement for the
purpose of inspection or audit during normal business hours during the term of this Agreement
and at least 1 year after the termination of the Agreement.
9. Filing. The CITY shall file this Interlocal Agreement pursuant to the requirements of
Section 163.01(11) of the Florida Statutes
10. Default. If either Party defaults by failing to perform or observe any of the material
terms and conditions of this Agreement for a period of ten (10) calendar days after receipt of
written notice of such default from the other Party, the Party giving notice of default may
terminate this Agreement through written notice to the other Party. Failure of any Party to
exercise its right in the event of any default by the other Party shall not constitute a waiver of
01039564-1 4
such rights. No Party shall be deemed to have waived any rights related to the other Party's
failure to perform unless such waiver is in writing and signed by both Parties. Such waiver shall
be limited to the terms specifically contained therein. This section shall be without prejudice to
the rights of any Party to seek a legal remedy for any breach of the other Party as may be
available to it in law or equity.
11. No Third Party Beneficiaries. Nothing in this Agreement shall be deemed to create any
rights in any third parties that are not signatories to this Agreement.
12. Compliance with Laws. The CITY and the CRA shall comply with all statutes, laws,
ordinances, rules, regulations and lawful orders of the United States of America, State of Florida
and of any other public authority which may be applicable.
13. Entire Agreement. This Agreement represents the entire and sole agreement and
understanding between the Parties concerning the subject matter expressed herein. No terms
herein may be altered, except in writing and then only if signed by all the Parties hereto. All
prior and contemporaneous agreements, understandings, communications, conditions or
representations, of any kind or nature, oral or written, concerning the subject matter expressed
herein, are merged into this Agreement and the terms of this Agreement supersede all such other
agreements. No extraneous information may be used to alter the terms of this Agreement.
14. Severability. If any part of this Agreement is found invalid or unenforceable by any
court, such the remainder of the Agreement shall continue to be binding upon the Parties. To
that end, this Agreement is declared severable.
15. Governing Law and Venue. The terms of this Agreement shall be governed by, and
construed and enforced in accordance with, the laws of the State of Florida and the United States
of America, without regard to conflict of laws principles. Any and all legal actions necessary to
enforce the terms of this Agreement shall be conducted in the Fifteenth Judicial Circuit in and for
Palm Beach County, Florida, or, if in federal court, in the United States District Court for the
Southern District of Florida, to which the Parties expressly agree and submit.
16. No Discrimination. Parties shall not discriminate against any person on the basis of
race, color, religion, ancestry, national origin, age, sex, marital status, sexual orientation or
disability for any reason in its hiring or contracting practices associated with this Agreement.
17. Notice. Whenever either Party desires to give notice to the other, such notice must be in
writing and sent by United States mail, return receipt requested, courier, evidenced by a delivery
01039564-1 5
receipt, or by overnight express delivery service, evidenced by a delivery receipt, addressed to
the Party for whom it is intended at the place last specified; and the place for giving of notice
shall remain until it shall have been changed by written notice in compliance with the provisions
of this paragraph. For the present, the Parties designate the following as the respective places for
giving of notice:
a. CITY: Lori LaVerriere, City Manager
CITY of Boynton Beach
100 E. Boynton Beach Boulevard
Boynton Beach, FL 33435
b. CRA: Michael Simon, Executive Director
Boynton Beach CRA
710 N. Federal Highway
Boynton Beach, Florida 33435
c. Copies To: James A. Cherof
Goren, Cherof, Doody& Ezrol, P.A.
3099 East Commercial Boulevard, Suite 200
Fort Lauderdale, Florida 33308
Tara Duhy, Esquire
Lewis, Longman &Walker, P.A.
515 North Flagler Drive, Suite 1500
West Palm Beach, Florida 33401
18. No Transfer. The Parties shall not, in whole or in part, subcontract, assign, or otherwise
transfer this Agreement or any rights, interests, or obligations hereunder to any individual,
group, agency, government, non-profit or for-profit corporation, or other entity without first
obtaining the written consent of the other Party.
19. Interpretation; Independent Advice. This Agreement shall not be construed more strictly
against one Party than against the other merely by virtue of the fact that it may have been
prepared by counsel for one of the Parties. The Parties declare that the terms of this
Agreement have been read and are fully understood. The Parties understand that this is a
01039564-1 6
binding legal document, and each Party is advised to seek independent legal advice in
connection with the matters referenced herein.
20. Counterparts and Transmission. To facilitate execution, this Agreement may be executed
in as many counterparts as may be convenient or required, each of which shall be deemed an
original, but all of which together shall constitute one and the same instrument. The
executed signature page(s) from each original may be joined together and attached to one
such original and it shall constitute one and the same instrument. In addition, said
counterparts may be transmitted electronically (i.e., via facsimile or .pdf format document
sent via electronic mail), which transmitted document shall be deemed an original document
for all purposes hereunder.
21. Survival. The provisions of this Agreement regarding indemnity, waiver, and termination,
and records shall survive the expiration or termination of this Agreement and remain in full
force and effect.
22. Time is of the Essence. The parties acknowledge that time is of the essence in the
performance of the provisions in this Agreement.
23. Attorney's Fees. If any action at law or in equity is necessary to enforce or interpret the
terms of this Agreement, the prevailing party shall be entitled to reasonable attorney fees,
expenses, and costs, including those at the appellate level, in addition to any other relief to
which it may be entitled.
[Signatures on following page.]
01039564-1 7
IN WITNESS WHEREOF, the CITY and the CRA hereto have executed this
Agreement as of the later of the dates set forth below.
ATTEST: CITY OF BOYNTON BEACH,
a Florida mu 'ci..1 c• ation
G A /r 1
lG By:
Jud' Pyle, CITY Clerk Steven B. Grant, Mayor
Approved as to Form: Date: /V3//3//3
4,' SEAL
Office of the CITY Attorney n u
Q
4.. 80y$1
Approved as to orm: BOYNTON BEACH COMMUNITY
7-// � ,
REDEVELOPMENT AGENCY
017
By:iVit/ i/---------- r
Of ice of the CRA Attorney Steven B. rant, Chair
Date: V/ 9 g
01039564-1 8