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R19-109 1 RESOLUTION NO. R19-109 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 5 OF BOYNTON BEACH AND THE BOYNTON BEACH 6 COMMUNITY REDEVELOPMENT AGENCY TO PROVIDE 7 FUNDING FOR THE DESIGN,PERMITTING,AND CONSTRUCTION 8 ADMINISTRATION OF THE NE 3RD STREET ROADWAY; AND 9 PROVIDING AN EFFECTIVE DATE. 10 WHEREAS, the Boynton Beach Community Redevelopment Agency (CRA) has 11 budgeted for a project to extend Northeast 3rd Street from Northeast 9th Avenue to Martin Luther 12 King Jr, Blvd (NE 10th Avenue); and 13 WHEREAS, on August 13, 2019 the Boynton Beach CRA approved the Interlocal 14 Agreement between the City and the CRA that will fund the design of the extension of NE 3rd 15 Street; and 16 WHEREAS, the CRA approved $85,000.00 for the engineering, design, permitting, 17 bidding and construction administration services necessary to complete the project consistent 18 with the terms in the Engineering Scope between the City of Boynton Beach and Baxter & 19 Woodman, Inc.; and 20 WHEREAS, the City Commission of the City of Boynton Beach, Florida, upon the 21 recommendation of staff, deems it to be in the best interests of the City residents to approve and 22 authorize the Mayor to sign an Interlocal Agreement with the Boynton Beach Community 23 Redevelopment Agency to provide funding in the amount of $85,000.00 for the design, 24 permitting and construction administration of the NE 3rd Street roadway. 25 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 26 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: C:\Users\Stanzionet\Appdata\L.ocal\Microsoft\Windows\Inetcache\IE\HE6MEH3 x\ILA_W ith_CRA_For_Funding_For_NE_3rd_Street_Roa dway_-_Reso.Docx 27 Section 1. Each Whereas clause set forth above is true and correct and incorporated 28 herein by this reference. 29 Section 2. The City Commission of the City of Boynton Beach,Florida does hereby 30 approve and authorize the Mayor to sign the Interlocal Agreement between the City of Boynton 31 Beach and the Boynton Beach Community Redevelopment Agency to provide funding in the 32 amount of$85,000.00 for the design, permitting and construction administration of the NE 3rd 33 Street roadway, a copy of said Interlocal Agreement is attached hereto as Exhibit"A". 34 Section 3. That this Resolution shall become effective immediately upon passage. 35 PASSED AND ADOPTED this 15th day of October, 2019. 36 CITY OF BOYNTON BEACH, FLORIDA 37 38 YES NO 39 40 Mayor-Steven B. Grant 41 42 Vice Mayor—Justin Katz ✓ 43 44 Commissioner—Mack McCray 45 46 Commissioner—Christina L. Romelus 47 48 Commissioner-Ty Penserga ✓ 49 50 VOTE 51 ATTEST: 52 53 tigaitsoL 54 55 C stal Gibson, MMC , 56 City Clerk . ' c''.To, . 57 tb��t�Rare iD 59 (Corporate Seal) ' x x_ 60 • 192%; u ; C:\Users\Stanzionet\Appdata\Local\Iv-NcyS0 4 ih__.cletthe\IE\HE6MEH3X\ILA_With_CRA_For_Funding_For_NE_3rd_Street_Roa dway_-_Reso.Docx ''``,,,.,,,,",, \)1 1 C\ INTERLOCAL AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY FOR THE FUNDING OF CERTAIN PORTIONS OF THE NE 3RD STREET ROADWAY AND UTILITY 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 CRA desires to provide funding for the enhancement and improvement of NE 3`d Street(the "Project"), as further described in Exhibit"B,"which is hereby incorporated herein; and WHEREAS,the CRA desires to provide funding for Engineering and Design necessary to complete the enhancement and improvement of NE 3'd Street("Engineering Services"), as further described in Exhibit"C,"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, function and redevelopment viability of the E. Martin Luther King Jr. Boulevard Corridor for the businesses and 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 Community 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; NE3rdStrcet ILAdrafl 1 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. 2. Obligations of the CRA. a. The CRA shall provide funding to the CITY in an amount not to exceed Eighty Five Thousand and 00/100 Dollars ($85,000.00), for the engineering, design, permitting, bidding and construction administrative services necessary to complete the Project consistent with the terms of this Agreement, to be used for reimbursement of certain eligible costs outlined in the Engineering Scope between the City of Boynton Beach and Baxter&Woodman, Inc. 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 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 NF,3rdStrat ILAdrafl 2 upon issuance of a Certificate of Completion,or equivalent.The request shall include the following information: i. The amount of reimbursement requested; ii. A statement that the Engineering Services are in compliance with the Plan and Florida Statutes and evidence supporting the same. iii. 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 Engineering Services for which the CITY is seeking reimbursement. iv. For any Reimbursement Request submitted after final completion, a fully executed Certificate of Completion, or equivalent. 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 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 Engineering Services.The Parties agree that the CRA shall only be responsible for providing reimbursement to the CITY for eligible expenses for Engineering Services. 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 otherwise NE3raStreet_ILnaree 3 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 NE3rdStreet_IlAdrafl 4 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 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. NE3rdStrea ILAdrafl 5 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 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 P.O. Box 310 Boynton Beach, FL 33425 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. NE3rdStrcet_ILAdrafl 6 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 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.] NE3rdStree ILAdreft 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 Florid mu ici co 4ra,i n •4/ ', By: - or C r Clerk Steven B. Grant, Mayor A rov-• : to.:• •/ /1 , „ PP j Date: /O / it , Ere . Offi e of the CIT ' !•rney a"" • ' 'Pr:: I q Q 4,:a .N, Approved as o F,rm: BOYNTON BEACH COMMUNI - r, T'V ': - REDEVELO MENT AGENCY 1/,------ . By: O ce of the CRA Attorney Steven B. Grant, Chair Date: $ 113119 NE3rdStree ILAdraft 8