R09-043
" I
1
2 RESOLUTION NO. R09- 0&.13
3
4 A RESOLUTION OF THE CITY COMMISSION OF
5 THE CITY OF BOYNTON BEACH, FLORIDA,
6 AUTHORIZING AND DIRECTING THE MAYOR AND
7 CITY CLERK TO EXECUTE A REIMBURSEMENT I
8 AGREEMENT BETWEEN THE CITY OF BOYNTON
9 BEACH AND PALM BEACH COUNTY PROVIDING
10 FOR THE REIMBURSEMENT OF COSTS
11 ASSOCIATED WITH THE IMPROVEMENTS ON
12 SOUTHEAST 4TH STREET FROM OCEAN AVENUE
13 TO SOUTHEAST 12TH A VENUE; AND PROVIDING AN
14 EFFECTIVE DATE.
15
16 WHEREAS, the City of Boynton Beach ("City") will be undertaking street
17 improvements, including but not limited to, relocating underground utilities, asphalt
18 resurfacing of roadway, rebuilding sidewalks, median landscaping, pavement markings and
19 drainage on Southeast 4th Street from Ocean A venue to Southeast 1 zth A venue; and
20 WHEREAS, Palm Beach County ("County") believes that the efforts by the City
21 serve a public purpose and the County wishes to provide for the cost of the improvements by
22 providing reimbursement funding from the Board of County Commissioners Reserve
23 District 4 in an amount not to exceed $300,000.00; and
24 WHEREAS, City staff recommends that that City Commission approve the
25 Reimbursement Agreement, a copy of which is attached hereto as Exhibit "A".
2Ei NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
27 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
28 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
29 being true and correct and are hereby made a specific part of this Resolution upon adoption
30 hereof.
S:\CA\RESO\Agreements\PBC Reimb Agmt - 4th Street.doc
I
1 Section 2. The City Commission of the City of Boynton Beach, Florida does
2 hereby authorize and direct the Mayor and City Clerk to execute the Reimbursement
3 Agreement between the City of Boynton Beach and Palm Beach County for reimbursement
4 of the cost of improvements on Southeast 4th Street between Ocean A venue and Southeast
5 1zth Avenue, a copy of which is attached hereto as Exhibit "A", and incorporated herein by
6 reference.
7 Section 3. That this Resolution shall take effect immediately upon passage.
8 PASSED AND ADOPTED this 3ai day of March, 2009.
9
10 CITY OF BOYNTON BEACH, FLORIDA
11 ~r
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23 -
24
25 Commissioner - Marlene Ross
26 ATTEST:
27 Yr). A. .
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34 (
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S:\CA\RESO\Agreements\PBC Reimb Agmt - 4th Street.doc
Agenda Item #: 3-C-2
/VJ /811. $- t.l
PALM BEACH COUNTY ~ I 1 b ..s
BOARD OF COUNTY COMMISSIONERS ot
AGENDAITEMSUMMARY t2fX)~- fJ72Cj
Meeting Date: May 5, 2009
[X] Consent
[ ] Workshop
[] Regular
[] Public Hearing
Submitted By:
Submitted For:
Engineering and Public Works
County Engineer
I. EXECUTIVE BRIEF
Motion and Title: Staff recommends motion to approve:
A)
A Reimbursement Agreement with the City of Boynton Beach (City) for Southeast
4th Street Improvements in an amount not to exceed $300,000; and
B)
A Budget Transfer of $300,000 in the Transportation Improvement Fund from
Reserve for District 4 to the City of Boynton Beach Southeast 4th Street
Improvements - District 4.
SUMMARY: Approval of the Reimbursement Agreement and Budget Transfer will
provide funds to the City to pay for street improvements on Southeast 4th Street from
Ocean Avenue to Southeast 12th Street.
District 4 (MRE)
Background and Justification: The District 4 Commissioner wishes to support the City's
efforts in relocating utilities, resurfacing the roadway, rebuilding sidewalks, landscaping,
striping, and drainage on Southeast 4th Street. The District 4 Commissioner believes this
will serve the public's best interest.
Attachments:
1. Location Map
2. Authorization
3. Agreement w/Exhibit A
4. Budget Transfer
Recommended by: All. Q}/J.;t I /J /j(}~ " ,," /J IJ
~~or
'--....
A } I \ Q A
:s / ;;l 'It f)!j
Date
.'1.1."
.... '..
II. FISCAL IMPACT ANALYSIS
A. Five Year Summary of Fiscal Impact:
Fiscal Years
Grant Expenditures
Operating Costs
ExtennalRevenues
Program Income (County)
In-Kind Match (County)
NET FISCAL IMPACT
# ADDITIONAL FTE
POSITIONS (Cumulative)
2009
$300,000
-0-
-0-
-0-
-0-
1-300.000
2010
-0-
-0-
-0-
-0-
-0-
-0-
2011
-0-
-0-
-0-
-0-
-0-
-0-
Is Item Included in Current Budget? Yes
Budget Acct No.: Fund_ Depl_ Unit_ Object
Program
2012
-0-
-0-
-0-
-0-
-0-
-0-
No X .
B. Recommended Sources of Funds/Summary of Fiscal Impact:
Transportation Improvement Fund
Reserve For District 4
City of Boynton Beach SE 4th street Improvements - D4
C. Departmental Fiscal Review: .
2013
-0-
-0-
-0-
-0-
-0-
-0-
III. REVIEW COMMENTS
A. OFMB Fiscal and/or Contract Dev. and Control Comments:
. :-l{. V"'i
~ \ ~ ..IJ.....
, ~-
B. Approved as to Fonn ~ ~ ,r;-
and Legal ~ncy:
.~~ IJ /b: ~J7-;O(D~
Istant County Attonney 1
C. Other Department Review:
This Contract complies with our
contract review requu\:mcnts.
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Page 1 of 1
BOARD OF COUNTY COMMISSIONERS
PALM BEACH COUNTY
BUDGET Transfer
BGEX 031709-1226
FUND Transoortation Imorovement
NAME
ORIGINAL
BUDGET
CURRENT
BUDGET
INCREASE
DECREASE
ADJUSTED EXPENDEDI REMAINING
BUDGET ENCUMBERED BALANCE
L/J~~o,
DIST4
iOvtl Agncy
o
o
300,000
o
300,000 0 300,000
tion
1,780,852
\,bO~/5-:r\
o
300.000
\,303"J]=fJ
300,000
300,000
(}.~llM~
~
3\ ' 1 \ oGj
VC- 'l.~- 07
By Board of County ~.~rs
At Meeting of ..... CO""
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Deputy Cler to th~:'II'~\~':"*""~~~.::,"ccF
Board of County Comm~ss'Wners
SIGNATURE
DATE
0V lIll ,,~l 09.
~~.
R20Q9 0729
REIMBURSEMENT AGREEMENT
CITY OF BOYNTON BEACH
SOUTHEAST 4TH STREET IMPROVEMENTS
THIS REIMBURSEMENT AGREEMENT is made and entered into this
day of.1AY 0 5 20092009, by and between PALM BEACH COUNTY, a political
subdivision of the State of Florida hereinafter referred to as "COUNTY" and the city of
BOYNTON BEACH a municipal corporation of the state of Florida hereinafter referred
to as CITY.
WITNESSETH:
WHEREAS, the CITY will be undertaking street improvements on Southeast 4th
Street from Ocean Avenue to Southeast 1ih Avenue; and
WHEREAS, Southeast 4th Street, Ocean Avenue, and Southeast 1 ih Avenue
are CITY owned roadways; and
WHEREAS, the CITY desires the financial support of the COUNTY for relocating
underground utilities, asphalt resurfacing of roadway, rebuilding sidewalks, median
landscaping, pavement markings and drainage hereinafter referred to as
IMPROVEMENTS; and
WHEREAS, after completion of IMPROVEMENTS the CITY will be responsible
for the perpetual maintenance of all IMPROVEMENTS; and
WHEREAS, COUNTY believes that the efforts by the CITY serve a public
purpose and wishes to provide for the cost of the IMPROVEMENTS by providing
reimbursement funding from the Board of County Commissioners Reserve District 4 in
an amount not to exceed THREE HUNDRED THOUSAND and 00/100 DOLLARS
($300,000.00); and
NOW THEREFORE, in consideration of the mutual covenants, promises, and
agreements herein contained, the parties agree as follows:
1. The above recitals are true, correct and incorporated herein.
2. The COUNTY agrees to provide to the CITY reimbursement funding for
documented costs associated with the IMPROVEMENTS in an amount not to exceed I
THREE HUNDRED THOUSAND and 00/100 DOLLARS ($300,000.00).
II
: on a reimbursement basis within forty-five (45) days of receipt of all information required
in paragraph 6, below.
4. COUNTY obligation is limited to its payment obligation and shall have no
obligation to any other person or entity.
5. The CITY agrees to assume all responsibility for design, bidding, contract
preparation, and contract administration necessary for the IMPROVEMENTS, including
payment(s) to contractor(s) pursuant to all applicable governmental laws and
regulations and will comply with all applicable governmental codes and permitting
requirements in designing, completing and maintaining IMPROVEMENTS. The CITY
also agrees to assume financial responsibility for the completion of any portions of the
IMPROVEMENTS that are not fully funded by the amount set forth in Paragraph 2,
above.
6. The CITY will obtain or provide all labor and materials necessary for the
design and installation of the IMPROVEMENTS. COUNTY shall have the final
determination of eligibility for reimbursement. The CITY shall furnish to the OFFICE OF
THE COUNTY ENGINEER representative a request for payment supported by the
following:
A) A statement from a Florida Registered Engineer that the IMPROVEMENTS
have been inspected and were installed substantially in accordance with the
permitted plans for the IMPROVEMENTS, and;
B) A Contract Payment Request Form and a Contractual Services Purchases
Schedule Form, attached hereto and incorporated herein as Exhibit "A" (pages 1
& 2), which are required for each and every reimbursement to the CITY. Said
information shall list each invoice payable by the CITY and shall include the
vendor invoice number, invoice date, and the amount payable by the COUNTY.
The CITY shall attach a copy of each vendor invoice paid by the CITY along with
a copy of the respective check and shall make reference thereof to the applicable
item listed on the Contractual Services Purchases Sc:hp.rllllp. Form Fllrthp.r thp.
II
evaluation of the CITY by an independent auditing firm employed by the COUNTY or by
the County Internal Audit Department at any time the COUNTY deems necessary.
8. The CITY agrees to be responsible for the subsequent maintenance of the
IMPROVEMENTS following the installation of the IMPROVEMENTS. The CITY shall be
solely responsible for obtaining and complying with all necessary permits, approvals
and authorizations from any federal, state, regional, COUNTY, or municipal agency if
any are required for the IMPROVEMENTS.
9. The IMPROVEMENTS shall be completed and final invoices submitted to
the COUNTY no later than October 1, 2010 and the COUNTY shall have no obligation
I
to the CITY or any other entity or person for any cost incurred thereafter unless the time
I for completion is extended by modification of this Agreement.
I 10. Each party shall be liable for its own actions and negligence and to the
extent permitted by law; the CITY shall indemnify, defend and hold harmless the
COUNTY against any actions, claims or damages arising out of the CITY's negligence
in connection with this Agreement or the performance by the CITY as it may relate to
this Agreement. The foregoing indemnification shall not constitute a waiver of sovereign
immunity beyond the limits set forth in Florida Statutes, Section 786.28, nor shall the
same be construed to constitute agreement by either party to indemnify the other party
for such other party's negligence, willful or intentional acts or omissions.
11. Without waiving the right to sovereign immunity as provided by Section
768.28, Florida Statutes, CITY acknowledges to be self-insured for General Liability and
Automobile Liability under Florida sovereign immunity statutes with coverage limits of
$100,000 Per Person and $200,000 Per Occurrence; or such monetary waiver limits
that may change and be set forth by the legislature. In the event CITY maintains third-
party commercial General Liability and Business Auto Liability in lieu of exclusive
reliance on self-insurance under Section 768.28, Florida Statutes, CITY shall agree to
maintain said insurance policies at limits not less than $500,000 combined single limit
for bodilv iniurv or orooertv damaae. CITY aarees to maintain or to hp. ~p.lf-in~lIrp.r1 for
County, c/o Department of Engineering and Public Works, 2300 N. Jog Road, 3E-13,
West Palm Beach, Florida 33411, Attention: Special Projects Coordinator (561-684-
4018). Compliance with the foregoing requirements shall not relieve CITY of its liability
and obligations under this Agreement.
12. As provided in F.S. 287.132-133, by entering into this Agreement or
performing any work in furtherance hereof, the CITY certifies that its affiliates, suppliers,
sub-contractors, and consultants who perform work hereunder, have not been placed
on the convicted vendor list maintained by the State of Florida Department of
Management Services within 36 months immediately preceding the date hereof. This
notice is required by F.S. 287.133(3) (a).
13. The CITY will require each contractor engaged by the CITY for work
associated with this Agreement to maintain:
a. Workers' Compensation coverage in accordance with Florida Statutes,
and;
b. Commercial General Liability coverage, including vehicle coverage, in
combined single limits of not less than ONE MILLION DOLLARS
($1,000,000.00). The COUNTY shall be included in the coverage as an
additional insured; and
c. A payment and performance bond for the total amount of the
IMPROVEMENTS in accordance with Florida Statute 255.05.
14. In the event of termination, the CITY shall not be relieved of liability to the
COUNTY for damages sustained by the COUNTY by virtue of any breach of the
Agreement by the CITY; and the COUNTY may withhold any payment to the CITY for
the purpose of set-off until such time as the exact amount of damages due the
COUNTY is determined.
15. CITY's termination of this Agreement shall result in all obligations of the
COUNTY for funding contemplated herein to be cancelled.
16. COUNTY and CITY aaree that no oerson shall. on the arounds of r;:!r.p.
II
the remaining portions of this Agreement and the same shall remain in full force and
i effect.
18. All notices required to be given under this Agreement shall be in writing,
and deemed sufficient to each party when sent by United States Mail, postage paid, to
the following:
AS TO THE COUNTY
Engineering and Public Works Department
Tanya N. McConnell, P.E.
Deputy County Engineer
2300 North Jog Road
West Palm Beach, Florida 33411
AS TO THE CITY
City of Boynton Beach
Jeff Livergood Public Works Director
100 East Boynton Beach Blvd.
Boynton, Florida 33435
561-737-3256 Fax 561-737-3258
19. This Agreement shall be construed and governed by the laws of the State
of Florida. Any legal action necessary to enforce this Agreement shall be held in Palm
Beach County. No remedy herein conferred upon any party is intended to be exclusive
of any other remedy, and each and every other remedy shall be cumulative and shall be
in addition to every other remedy given hereunder or now hereafter existing at law or in
equity or by statute or otherwise. No single or partial exercise by any party of any right,
power or remedy shall preclude any other or further exercise thereof.
20. Any costs or expenses (including reasonable attorney's fees) associated
with the enforcement of the terms and conditions of this Agreement shall be borne by
the respective parties; provided, however, that this clause pertains only to the parties to
the Agreement.
21. Except as expressly permitted herein to the contrary, 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 eaualitv of
II
23. The COUNTY shall not be deemed to assume any liability for the
negligent or wrongful acts, or omissions of the other party (or parties). Nothing
contained herein shall be construed as a waiver, by any of the parties, of the liability
limits established in Section 768.28, Florida Statutes.
24. Each party shall promptly notify the other of any lawsuit-related complaint,
or cause of action threatened or commenced against it which arises out of or relates, in
any manner, to the performance of this Agreement.
25. The parties expressly covenant and agree that in the event any of the
. parties is in default of its obligations under this Agreement, the parties not in default
shall provide to the defaulting party thirty (30) days written notice before exercising any
of their rights.
26. The preparation of this Agreement has been a joint effort of the parties,
and the resulting document shall not solely as a matter of judicial constraint, be
construed more severely against one of the parties than the other.
27. This Agreement represents the entire understanding among the parties,
and supercedes all other negotiations, or agreements, written or oral, relating to this
Agreement.
28. A copy of this Agreement shall be filed with the Clerk of the Circuit Court
in and for Palm Beach County, Florida.
29. This Agreement shall take effect upon execution and the effective date
shall be the date of execution.
REMAINDER OF PAGE LEFT BLANK
II
IN WITNESS WHEREOF, the parties have executed this Agreement and it is
effective on the date first above written.
CITY OF BOYNTON BEACH
APPROVED AS TO FORM AND
LEGAL SUF IENCY
)(
I
By:
Date:
By:
Date:
R 2 00 9 0 7 2 9 MAY 0 5 2009
PALM BEACH COUNTY, FLORIDA, BY ITS
BOARD OF COUNTY COMMISSIONERS
By:
gf(~
. Koons Chairman
By:
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
By: ~~ fJ tiu#
Assistant COlfrlty Attorney
Date ~~ I, ;)A)9
APPRO~ AS~OTE~MS
AND CONDITIONS
BY:~
Date:
3( a3/09J
PALM BEACH COUNTY
ENGINEERING & PUBLIC WORKS DEPARTMENT
CONTRACT PAYMENT REQUEST
Exhibit A
(PROJECT)
Grantee
Request Date
Billing #
Billing Period
PROJECTPAYMENTSU~ARY
Item
Project Costs
this Billing
Cumulative
Project Costs
Total
Project Costs
Consulting Services
Contractual Services
Material, Supplies, Direct Purchases
Grantee Stock
Equipment, Furniture
TOTAL PROJECT COSTS
Certification: I hereby certify that the above
was incurred for the work identified as being
accomplished in the attached progress reports.
Certification: I hereby certify that the documentation
has been maintained as required to support the project
expenses reported above, and is available for audit upon
req uest.
AdministratorlDate
Financial Office rID ate
PBC USE ONLY
County Funding Participation
$
Total Project Costs
$
Total Project Costs to Date
$
County Obligation to Date
$
County Retainage <-0/0)
($
)
PALM BEACH COUNTY
ENGINEERING & PUBLIC WORKS DEPARTMENT
CONTRACTUAL SERVICES PURCHASE SCHEDULE
(PROJECT)
Grantee
Billing Date
Billing #
Billing Period
Contractor
Invoice Number
and Date
City Check or
V oucher Number
and Date
Project
Amount Paid
this Period
General
Description
TOTAL
the purchase noted
the project.
Certification: I hereby certify that bid tabulations, executed contract, cancelled
checks, and other purchasing documentation have been maintained as required
to support the costs reported above, and are available for audit upon request.
Financial Officer/Date
Page 2 of 2
PUBLIC WORKS DEPARTMENT
MEMORANDUM
FROM:
Jeffrey Livergood, Public Works Director
',/ /
l ,j\~ \,
TO:
Janet Prainito, City Clerk
SUBJ:
SE 4th Street, County Funding Agreement
DATE:
May 21,2009
Attached please find the original agreement, approved by the City Commission on March
3,2009 and recently executed by Palm Beach County wherein funding in the amount of
$300,000 is allocated by the County to the City's SE 4th Street Improvement project.
XC: Pete Mazzella, Deputy Director of Utilities
Vivian Brooks, Asst Director Boynton Beach CRA
91) :2 Wd 12 AVW 60
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Department of Engineering
and Public Works
Po. Box 21229
West Palm Beach, FL 33416-1229
(561) 684-4000
www.pbcgov.com
.
Palm Beach County
Board of County
Commissioners
Jeff Koons, Chairman
Burt Aaronson, Vice Chairman
Karen T Marcus
Shelley Vana
Jess R. Santamaria
County Administrator
Robert Weisman
Palm IIf'jlrh room
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'/In Equal Opportunity
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May 18, 2009
Jeff Live rgood
Public Works Director
City of Boynton Beach
1 00 East Boynton Beach Blvd.
Boynton Beach, Florida 33435
Re: S.E. 4th Street Improvements
Dear Mr. Livergood:
Enclosed is a fully executed original Agreement from Palm
Beach County's Board of County Commissioners for your
files. If there are any questions regarding this document
call me at 561-684-4018.
Sincerely,
I
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Owen Miley
Special Projects Coordinator
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n~ ~ - - January 12, 2009
West Palm Beach, FL 33416-1229
- Jeff Livergood, Public Works Director
City of Boynton Beach
100 East Boynton Beach Blvd.
Boynton Beach, Florida 33435
.
Subject: S.E 4th Street Improvements Grant
Palm Beach County Dear Mr. Livergood:
Board of County
Commissioners
Jeff Koons, Chairman Enclosed are two originals of the Interlocal Agreement for the
subject location.
Burt Aaronson. Vice Chairman
Karen T. Marcus
Shelley Vana Following the Board action, one fully executed original of the
Agreement will be sent to you for your records. Any questions
regarding this issue, please call me at 561-684-4018.
Jess R. Santamaria
Addie L. Greene Sincerely,
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County Administrator
Robert Weisman
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Palm 811il( II fonRh'
Imm-::.!umi \\Eng fsl\sysl\ADMIN\Owen Letters\SE 4th Street Imprv.doc
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'/In Equal Opportunity
Affirmative Action Employer"
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p.o. Box 1989
West Palm Beach. FL 33402- 1 989
(561) 355-2001
FAX: (561) 355-3990
www.pbcgov.com
.
Palm Beac:h County
Board of County
CollUlliuionen
Addie L Greene. Chairperson
Jeff Koons. Vice Chair
Karen T. Marcus
Roben J Kanjian
Mary McCany
Bun Aaronson
Jess R. Santamaria
County MmlnisUator
Roben Weisman
"An EqutII Opportunity
~ Action Employer"
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May 20, 2008
Ms. Lisa Bright
Executive Director
Boynton Beach CRA
915 South Federal Highway
Boynt Beach, FL 33435
D ~t:
. s formal notification that I am awarding an allocation of
00,000 from the District IV Gas Tax Fund to the Boynton Beach
ommunity Redevelopment Agency for the SE 4th Street Improvement
Project.
Your request and a copy of this letter are being forwarded to Owen
Miley, Special Projects Coordinator in the Engineering Department at
the County to prepare the appropriate agreement for processing.
As always, it is a pleasure to assist the Boynton Beach Community
Redevelopment Agency in this beautification project. If you have any
questions or concerns, please do not hesitate to contact me.