R21-058 1 RESOLUTION NO.R21-058
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 VARIOUS
7 STREETSCAPE/LIGHTING IMPROVEMENT PROJECTS
8 WITHIN THE CRA DISTRICT; AND PROVIDING AN
9 EFFECTIVE DATE.
10 WHEREAS, on June 8, 2021, the Boynton Beach CRA approved this Interlocal
11 Agreement to fund up to $445,561 to cover design and construction costs associated with
12 certain projects; and
13 WHEREAS, these streetscape/lighting improvement projects aim to brighten and
14 beautify the project's area; and
15 WHEREAS, the City Commission of the City of Boynton Beach, Florida, upon the
16 recommendation of staff,deems it to be in the best interests of the City residents to approve and
17 authorize the Mayor to sign an Interlocal Agreement with the Boynton Beach Community
18 Redevelopment Agency for various streetscape/lighting Improvement projects within the CRA
19 District.
20 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
21 THE CITY OF BOYNTON BEACH,FLORIDA,THAT:
22 Section 1. Each Whereas clause set forth above is true and correct and incorporated
23 herein by this reference.
24 Section 2. The City Commission of the City of Boynton Beach,Florida does hereby
25 approve and authorize the Mayor to sign the Interlocal Agreement between the City of Boynton
26 Beach and the Boynton Beach Community Redevelopment Agency for various
S:\CA\RESO\Agreements\ILA With CRA For Streetscape Lighting-Reso.Docx
27 streetscape/lighting Improvement projects within the CRA District, a copy of said Interlocal
28 Agreement is attached hereto as Exhibit"A".
29 Section 3. That this Resolution shall become effective immediately upon passage.
30 PASSED AND ADOPTED this 15th day of June, 2021.
31 CITY OF BOYNTON BEACH, FLORIDA
32
33 YES NO
34
35 Mayor—Steven B. Grant
36
37 Vice Mayor—Woodrow L. Hay
38
39 Commissioner—Justin Katz ✓
40
41 Commissioner—Christina L. Romelus ✓
42
43 Commissioner—Ty Penserga ✓
44
45 VOTE $7-0
46 ATTEST:
47
48
49
50 C stat Gibson, MMC
51 ity Clerk
52
53
54 (Corporate Seal)
55
S:\CA\RESO\Agreements\ILA With CRA For Streetscape Lighting-Reso.Docx
R21-058
INTERLOCAL AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND THE
BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY FOR THE FUNDING
OF THE STREETSCAPE/LIGHTING IMPROVEMENTS WITHIN THE BOYNTON
BEACH 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") calls for
the redevelopment of the Community Redevelopment Area("CRA Area")as described in the Plan;
and
WHEREAS, the CITY will undertake a Lighting Improvement Project to install, replace,
and maintain exterior lighting within the right-of-ways or publicly owned properties in furtherance
of that goal; and
WHEREAS, lighting improvements is anticipated to take place in locations identified in
designated locations,as further described in Exhibit"A,"which is hereby incorporated herein;and
WHEREAS,the CRA desires to provide the CITY with funding for lighting improvements
at these locations that are within the CRA Area(the"Project"); and
WHEREAS,the Project site lies within the boundaries of the CRA Area; and
WHEREAS,the Project is intended to improve the overall quality, aesthetics,and function
of these locations within the CRA Area; and
WHEREAS, the CRA Board finds that this Agreement, and the use of the CRA's funds
for the Project, is consistent with the 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:
01388588.1 1
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 Four
Hundred Forty-five Thousand Five Hundred Sixty-one and 00/100 Dollars ($445,561), for design
services, materials and equipment, and installation costs associated with the physical
improvements of the Project consistent with the terms of this Agreement, to be used for only
reimbursement of certain eligible expenses. Eligible expenses are those expenses that are
consistent with the requirements of Florida Statutes, consistent with the Plan, directly related to
the Project,and in compliance with the requirements of this Agreement.In addition,only expenses
directly associated with design activities, lighting materials and appurtenances such as fixtures,
bulbs, wiring, banner attachments, control panels, and installation shall be considered eligible
expenses.
b. The CRA shall make payments to the CITY upon receipt of a complete written
request from the CITY for payment,so long as such request complies 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. The CITY shall also be responsible for the maintenance of the lighting
improvements as a result of the Project, along with contracting and coordinating with all other
entities as necessary to comply with applicable codes.
e. Upon request from the CRA, or an authorized agent of the CRA, including the
Executive Director or designee 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 or
supporting any Reimbursement Request.
01388588.1 2
4. Reimbursement of Funds
a. The CITY shall provide a written request for reimbursement of funds
("Reimbursement Request")meeting the requirements of this Agreement to the CRA no later than
90 days after payment by the CITY of funds for which it is seeking reimbursement, and in no case
later than 45 days prior to the end of each Fiscal Year in which the individual improvements of
Exhibit"A"achieves final completion. For purposes of this Agreement, final completion shall be
deemed achieved upon approval of a final inspection from the City, or the equivalent. The request
shall include the following information:
i. The amount of reimbursement requested;
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 statement.
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, evidence of
an approved final inspection, or equivalent, and a final report by the City
detailing at minimum the type of lighting equipment, quantity, size, location,
and the associated maintenance program for the lighting equipment that is
installed.
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 45 days prior to the
end of Fiscal Year in which the individual improvements of Exhibit"A"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 CRA may ask for additional documentation that could
reasonably be used to evaluate or support the Reimbursement Request. The CITY shall have 30
days from receipt of the notice to provide the necessary documentation to complete the
01388588-1 3
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 or maintaining any lighting
improvements as a result of 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 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 an approved final inspection, or
equivalent, and the CRA reimburses the CITY for the Project, or on January 31, 2024
("Termination Date"), whichever comes first. 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.
01388588-1 4
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. Unless otherwise provided in this Agreement, 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 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.
01388588-1 5
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
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.Ocean Avenue
Boynton Beach, FL 33435
b. CRA: Michael Simon, Executive Director
Boynton Beach CRA
100 E. Ocean Avenue
4th Floor
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
01388588.1 6
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 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, termination,
maintenance of trees,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.
[Signatures on following page.]
01388588.1 7
IN WITNESS WHEREOF,the CITY and the C:R;\ hereto have executed this Agreement as of
the later of the dates set forth below.
ATTEST: CITY OF BOYNTON BEACH,
l _dizta Florida m ici I corporation
By:
ta1 Gibson,CITY Clerk Steven B.Grant,Mayor
4,..1
App d as to Fo • Date: 6//7/.290.2i 04'
(SEAL)
Office of the CITY Attorney ,
•
Approved to Form: BOYNTON BEACH COMMUNITY
f' ' REDEVELOP F.NCY
r
it .
By: r 4
Office of the CRA Attorney Steven B. Orel* 'hair
Date: (I/ 0 ql
DI su- 8
EXHIBIT"A"
BOYNTON BEACH CRA STREETSCAPE/LIGHTING IMPROVEMENTS LIST
ID IMPROVEMENTS LOCATIONS*
1 Ocean Avenue(East) Ocean Avenue between Federal Highway to
Seacrest Boulevard
2 East MLK Jr.Boulevard Corridor MLK Jr. Boulevard between Seacrest Boulevard
Streetscape and Federal Highway
3 Ocean Avenue Bridge Under/Over bridge
4 FPL LED Conversion/Upgrade Both sides of Federal Highway from Gulfstream
Boulevard to Gateway Boulevard
5 Seacrest Boulevard(West side) NW 1st Avenue to SW 1st Avenue
6 Ocean Avenue(West) Ocean Avenue between Seacrest Boulevard to NW
3rd Street(along Sharrow path)
7 INCA Trail Along NE 7th - 10th Avenues, between Federal
Highway and NE 7th Street
8 Casa Costa Frontage Federal Highway in front of Casa Costa
*Note: The locations of the lighting improvements are subject to change upon mutual agreement of
the parties.
01388588.1 9
EXHIBIT "A"
Boynton Beach CRA Lighting Improvement List
ID IMPROVEME\TS LOCATIONS
1 Ocean Avenue(East) Ocean Avenue between Federal Highway to
Seacrest Boulevard
2 East MLK Jr.Boulevard Corridor Streetscape MLK Jr.Boulevard between Seacrest Boulevard and
Federal Highway
3 Ocean Avenue Bridge Under/Over bridge
4 FPL LED Conversion/Upgrade Both sides of Federal Highway from Gulfstream
Boulevard to Gateway Boulevard
5 Seacrest Boulevard(West side) NW 1st Street to SW 1st Street
Ocean Avenue between Seacrest Boulevard to NW
6 Ocean Avenue(West) 3rd Street(along Sharrow path)
Along NE 7th-10th Avenues,between Federal
7 1\( Tra i 1 Highway and NE 7th Street
8 Casa Costa Frontage Federal Highway in front of Casa Costa
FY 2020-2021 Boynton Beach CRA Lighting Improvement Project List
PROJECTS PRIORITY Project Manager LIMITS OF PROJECT SCOPE BUDGET CRA DISTRICT NOTES
(City/CRA)
Ocean Avenue between Construction-Paint existing poles Pedestrian Arms=$134,125
Ocean Avenue(East)NE 1st Street-
1 1.A. Gail Mootz/Thuy Shutt Federal Highway to black, convert single head to double $ 155,125.00 Cultural District Install$21,000
Federal
Seacrest Boulevard head Permit/MOT=TBD
•TS to research Kimley-Horn
MLK Jr.Boulevard Design-Improvements to area east 2009 plans
of Centennial Management Corp.
East MLK Jr.Boulevard Corridor Gary Dunmyer/Theresa between Seacrest •Coordination with CMC at
2 1.B. (CMC)Project boundaries where $ 125,000.00 Heart of Boynton
Streetscape Utterback Boulevard and Federal possible such as added poles,brighter permitting required
Highway •FPL LES Project
heads.
•Add cameras
Upper Bridge:
•Construction-Install security Ddouble Arm =$105,000
lighting under bridge=$TBD Single Arm=$85,000
3 Ocean Avenue Bridge 1.0 Gail Mootz Under/Over bridge Expanding scope needed $ 216,500.00 Downtown Install=$26,500
•Federal Hwy-Middle of Bridge for Painting=TBD
Fixtures and Install=$107,000 Lower Bridge:
CPTED Considerations
Both Sides of Federal
Design and Construction- Federal Highway,
Highway from
4 FPL LED Conversion/Upgrade 2.A. Gary Dunmyer Gulfstream Boulevard to Administered by FPL;Coordination $ 30,000.00 Heart of Boynton,
Gateway Boulevard with City-FPL-CRA Downtown
Design and Construction-FPL
NW 1st Street to SW 1st
5 Seacrest Boulevard(West side) 2.B. Gary Dunmyer Street conversion of arm and head(light Heart of Boynton
fixture)to match east side fixture.
Ocean Avenue between
To be done before or in
Gary Dunmyer/Thuy Seacrest Boulevard to Boynton Beach
6 Ocean Avenue(West)Seacrest-West 3.A. Shutt NW 3rd Street(along Design-Survey costs $ 60,000.00 Boulevard conjunction with BBB Complete
Sharrow path) Street Improvements
FY 2020-2021 Boynton Beach CRA Lighting Improvement Project List
•City initiated-Cost for
removal of blue light only
•34 new light poles
Along NE 7th-10th
Avenues,between installation/annual operational
7 INCA Trail 4 Gail Mootz Construction-Removal of blue light $ 60,000.00 Federal Highway costs by City's Agreement with
Federal Highway and NE FPL *TS to give GD INCA
7th Street contact for City's Community
Info meeting(general info not
design input)
Federal Highway in front To be done before or in
8 Casa Costa Frontage 5 Gail Mootz $ 30,000.00 conjunction with BBB Complete
of Casa Costa Street Improvements
TOTAL $ 676,625.00
Balance from$445,561(Budget
Amendment on 2/9/21,Line Item #02- $ (231,064.00)
58200-406)
FY 2020-2021 Boynton Beach CRA Lighting Improvement Project List
CRY OF BOYNTON BEACH Exhibit A
EXPENDITURE&REVENUE AMENDMENTS
BUDGET YEAR 2020-21
2020/21 CITY MANAGER 2020/21
REVISED Budget Adjustment AMENDED
BUDGET Revenue Expenditures BUDGET
General Fund(3021
302-0000-369.22-00 OTHER MISC.REVENUE/CM REIMBURSEMENT 737,000 445,561 1,1821561
Adopted Fund Tote!Revenues 4,113,005 445,561 4,558,566
302-4905-580.63-07 CRA IMPROVEMENTS 57,027 445,561 502,568
Adopted Fund Total Expenses 4,113,005 445,561 4,558,566