Loading...
R19-165 RESOLUTION NO. R19-165 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 FOR 7 REIMBURSEMENT OF FUNDING OF FURNITURE AND 8 RELOCATION SERVICES INTO THE NEW CITY HALL IN AN 9 AMOUNT NOT TO EXCEED $115,000.00; AND PROVIDING AN is EFFECTIVE DATE. 1i WHEREAS, the Boynton Beach Community Redevelopment Agency (CRA) has V. budgeted funding for the purchase of furniture and furnishings along with relocation expenses 1: associated with the Agency's relocation into the fourth floor of the new City Hall building; and WHEREAS, the City has engaged the services of J.C. White, Inc., for the design, 1� production and installation of all of the new furniture and will be funding the portion being II constructed for the Boynton Beach CRA office space; and WHEREAS, the Interlocal Agreement is required for the terms of the funding reimbursement in an amount not to exceed $115,000.00; and WHEREAS, the City Commission of the City of Boynton Beach, Florida, upon the s recommendation of staff,deems it to be in the best interests of the City residents to approve and Mauthorize the Mayor to sign an Interlocal Agreement with the Boynton Beach Community Redevelopment Agency to provide funding in an amount not to exceed $115,000.00 for the reimbursement of funding for furniture and relocation services into the new City Hall. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH,FLORIDA,THAT: S:\CA\RESO\Agreements\ILA With CRA For Funding For Relocation And Furniture-Reso.Docx 26 Section 1. Each Whereas clause set forth above is true and correct and incorporated 27 herein by this reference. 28 Section 2. The City Commission of the City of Boynton Beach,Florida does hereby 2� approve and authorize the Mayor to sign the Interlocal Agreement between the City of Boynton 3C Beach and the Boynton Beach Community Redevelopment Agency to provide funding in an 31 amount not to exceed$115,000.00 for the reimbursement of funding for furniture and relocation 3,2 services into the new City Hall,a copy of said Interlocal Agreement is attached hereto as Exhibit 33 "A". 34 Section 3. That this Resolution shall become effective immediately upon passage. 36 PASSED AND ADOPTED this I"/` =day of December, 2019. 3E CITY OF BOYNTON BEACH, FLORIDA 37 3� YES NO 39 4C Mayor—Steven B. Grant tZ 41 4,2 Vice Mayor—Justin Katz _(� } 43 4.4 Commissioner—Mack McCray ✓ 45 4b Commissioner—Christina L. Romelus t/ 47 / 4.8 Commissioner—Ty Penserga 49 9C VOTE y O 51 ATTEST: 52 54 ir../ 441.0.-... • 59 C stal Gibson, MMC v .' 5E City Clerk . ;•; r 1 • $7 �,� •C" 5E 55 (Corporate Seal) 1920 Z.-4) S:\CA\RESO\Agreements\ILA With CRA For Funding For Re{cici01 d Etiiniture-Reso.Docx W,C) ) 3 INTERLOCAL AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY FOR THE FUNDING OF CERTAIN FURNITURE AND RELOCATION EXPENSES AS PART OF THE TOWN SQUARE PROJECT THIS AGREEMENT is made this _ day of f�tw , 2019 by and between the CITY OF BOYNTON BEACH, a Florida Municipal Corporation, ("City"), and the BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, ("CRA"). The CRA and the City may be referred to individually as a "Party" and collectively as the"Parties." WITNESSETH: WHEREAS, the 2016 Boynton Beach Community Redevelopment Plan ("Plan") calls for the redevelopment of the Cultural District and the Boynton Beach Boulevard District as those Districts are described in the Plan; and WHEREAS, the City is undertaking a project known as the Town Square Redevelopment Project ("Project"), which falls within the CRA boundaries, and more specifically, in the Cultural District and the Boynton Beach Boulevard District; and WHEREAS, the CRA is providing funding for certain, specified portions of the Project; and WHEREAS,the CRA will be relocating into the new City Hall being built as part of the Project; and WHEREAS, the CRA will be terminating its lease at its current location and will require furniture at its new location within the new City Hall; and 01218166-1 WHEREAS, the CRA's relocation into the new City Hall and the associated procurement and installation of furniture for the use by the CRA will occur as part of the Project; and WHEREAS, Section 163.387(6)(c)(1), Florida Statutes allows for the payment of administrative and overhead expenses directly and indirectly necessary to implement the Plan, into which category the Board has determined that office furniture and relocation expenses fall; and WHEREAS, the Project as a whole furthers the CRA's Community Redevelopment Plan("Plan")because the Project will help prevent and eliminate slum and blight within the Redevelopment Area, and will provide the opportunity to redevelop the area within the Project("Project Area")in accordance with the Plan; and WHEREAS, the CRA is limited by § 163.370(3), Florida Statutes from making certain expenditures; and WHEREAS,the CRA desires to reimburse the City for certain expenses related to the Project that are not prohibited by the Florida Statutes; and WHEREAS,the CRA Board fmds that this Agreement, and the use of the CRA's funds to implement a portion of the Project is consistent with the Plan and Florida Statutes; and WHEREAS, the CRA and the City find that this funding agreement serves a municipal and public purpose, furthers the Plan, and is in the best interest of the health, safety, and welfare of the residents and business owners within the Community Redevelopment Area; NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained,the Parties hereby agree as follows: 01218168-1 1. Recitals. The recitals set forth above are hereby incorporated herein. 2. Obligations of the CRA. The CRA shall provide funding to the City in an amount not to exceed $115,000 to be used for reimbursement of costs for furniture and certain relocation expenses associated with the CRA's relocation into City Hall as part of the Project,which funds shall not be used for purposes prohibited by § 163.370(3),Florida Statutes. Upon receipt of a complete, written request from the City meeting the requirements of this paragraph, the CRA shall make payments to the City upon written request by the City for the reimbursement of furniture and direct expenses related to relocation of the CRA into the new City Hall as part of the Project. In order to be deemed complete, the written request from the City for payment must include copies of receipts and invoices directly associated with the relocation of the CRA indicating the amount and the purpose for the payment for which the City is seeking reimbursement. The CRA shall remit payment to the City within thirty(30) days of receipt of a complete request from the City. 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. At the same time it submits any request for reimbursement, the City shall provide a written report to the CRA documenting the status of the furniture procurement and installation, and those portions of the Project related to the CRA's relocation. c. The City shall be responsible for overseeing the Project and contracting entities as necessary to effectuate the Project, but shall coordinate with 01218168-1 the CRA concerning furniture procurement and installation, matters pertaining to the CRA's relocation, and 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 § 163.370(3), Florida Statutes. 4. The Parties agree that this Agreement only obligates the CRA to provide reimbursement for the items and under the terms provided for in this Agreement, and the CRA shall not otherwise be responsible for effectuating the procurement or installation of furniture or any other portion of the Project. 5. 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 related to the negligent or wrongful conduct or the faulty equipment (including equipment installation and removal) of 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 its own negligence,or intentional acts of the CRA, its agents or employees. Each party assumes the risk of personal injury 01218168-1 and property damage attributable to the acts or omissions of that party and its officers, employees and agents. 6. Term of the Agreement. This Agreement shall become valid and commence upon execution by the last Party to this Agreement, and shall terminate on December 31, 2020 ("Termination Date"). The CRA shall not be required to reimburse the City for any requests submitted after the Termination Date. The term of the Agreement may be extended one time for a period of one year and may only be extended by the Executive Director and upon the appropriation of CRA funds for intended purposes of this Agreement in the subsequent fiscal year's budget. Such extension is only effective upon the execution of a written amendment signed by both Parties. 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. 7. 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. 8. Filing. The City shall file this Interlocal Agreement pursuant to the requirements of Section 163.01(11)of the Florida Statutes 9. 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 01218168 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, and may be entitled, but is not required, to seek specific performance of this Agreement on an expedited basis, as the performance of the material terms and conditions contained herein relate to the health, safety, and welfare of the residents of the City and Redevelopment Area. 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. 10. 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. 11. 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. 12. 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. 01215168.1 13. Severability. If any part of this Agreement is found invalid or unenforceable by any court, such invalidity or unenforceability shall not affect the other parts of the Agreement if the rights and obligations of the parties contained herein are not materially prejudiced and if the intentions of the parties can continue to be achieved. To that end, this Agreement is declared severable. 14. Governing Law and Venue. The validity, construction and effect of this Agreement shall be governed by the laws of the State of Florida. 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. 15. 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. 16. 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. 01218168-I CITY: Lori LaVerriere,City Manager City of Boynton Beach P.O. Box 310 Boynton Beach, FL 33435 CRA: Michael Simon, Executive Director Boynton Beach CRA 710 N. Federal Highway Boynton Beach,Florida 33435 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 17. 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. 18. Interpretation. 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. 01218168-1 IN WITNESS WHEREOF, the City and the CRA hereto have executed this Agreement as of the date set forth above. ATTEST: CITY OF BOYNTON BEACH, a Florida municipal corporation Lf/ A o. By: C ,stal Gibson, City Clerk Steven B. Grant, ayor Approve. as to F. .: _ r (SEAL) oem f I Offi the City rilvey Approved as to = rm: BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY By: Office of the CRA Attorney Steven B. Grant, Chair 01218168.1