HomeMy WebLinkAboutResolution_48-05/06_02/16/2006RESOLUTION N0.48-05/06
A RESOLUTION OF THE VILLAGE COUNCIL OF THE
VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA,
APPROVING A FINANCIAL ASSISTANCE AGREEMENT
BETWEEN THE VILLAGE OF TEQUESTA AND PALM BEACH
COUNTY FOR BEAUTIFICATION IMPROVEMENTS IN AND
ALONG OLD DIXIE HIGHWAY FROM TEQUESTA DRIVE TO
900 FEET SOUTH OF COUNTY LINE ROAD THROUGH WHICH
THE COUNTY WILL PROVIDE FINANCIAL ASSISTANCE IN
THE AMOUNT OF $23,300 (50% OF THE TOTAL COST) TO THE
VILLAGE FOR IMPROVEMENTS TO OLD DIXIE HIGHWAY
RIGHT OF WAY.
WHEREAS, the Village desires to install beautification in and along Old Dixie
Highway from Tequesta Drive to 900' south of County Line Road; and
WHEREAS, the Village applied for this County funded grant through Keep Palm
Beach County Beautiful, Inc.; and
WHEREAS, the Board of County Commissioners approved a grant allocation of
$23,300 (50% of the total cost) to the Village; and
WHEREAS, the Village wishes to accept the support of Palm Beach County and the
conditions as specified in the Financial Assistance Agreement, attached as "Exhibit
A"; and
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF
THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AS
FOLLOWS:
Section 1: The Financial Assistance Agreement between Palm Beach County and the
Village of Tequesta for improvements to Old Dixie Highway from Tequesta Drive to 900
feet south of County Line Road as specified in, attached hereto as "Exhibit A," is hereby
approved.
THE FOREGOING RESOLUTION WAS OFFERED BY Vice Mayor Watkins who
moved its adoption. The motion was seconded by Council Member Paterno and upon
being put to vote, the vote was as follows:
FOR ADOPTION AGAINST ADOPTION
Jim Humpage
Pat Watkins
~~
Geraldine A. Genco
Tom Paterno
The Mayor thereupon declared the Resolution duly passed and adopted this 16~' day of February,
A.D., 2006.
`Jim Humpa e, yor
ATTEST:
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wen Carlisle
Village Clerk
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INCORPORATED:
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';iVILLAGE OF TEQUESTA - OLD DIXIB HIGHWAY FROM TEQUESTA DRIVE TO 900 FEET SOUTH OF COUNTY LINE
!IROAD BEAUTIFICATION
1 ; !; FINANCIAL ASSISTANCE AGREEMENT WITH VILLAGE OF TEQUESTA FOR
2 ' ;BEAUTIFICATION IN AND ALONG THE COUNTY'S RIGHT OF WAY FOR OLD DIXIE
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3 '! ' HIGHWAY
4 i THIS INTER-LOCAL AGREEMENT, is made and entered into this day of
5 ' ' , 2006, by and between VILLAGE OF TEQUESTA, a municipal
6 ', ~, corporation of the State of Florida, hereinafter "VILLAGE", and PALM BEACH
~ !, I COUNTY, a political subdivision of the State of Florida, hereinafter "COUNTY".
WITNESSETH:
9 I ; WHEREAS, VILLAGE desires to install beautification in and along Old Dixie ~
io ''~ !Highway from Tequesta Drive to 900' south of County Line Road ,hereinafter
11 ~ ~ IMPROVEMENTS' ; ~i
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12 WHEREAS, VILLAGE applied for this County funded grant through Keep Palm
13 'Beach County Beautiful, Inc.; and WHEREAS, the Board of County Commissioners
14 ' approved a grant allocation of $23,300.00 (50% of the total cost) to the VILLAGE.
15 NOW, THEREFORE, in consideration of the mutual covenants, promises, and ~!
15 ''agreements herein contained, the parties agree as follows: ',
1~ 1. The above recitals are true, correct and are incorporated herein.
1 s 2. COUNTY agrees to reimburse VILLAGE for fifty percent (50%) of the cost of
19 'the IMPROVEMENTS, not to exceed a maximum amount of TWENTY THREE
2 0 'THOUSAND THREE HUNDRED AND 00/100 DOLLARS ($23,300.00), whichever is less, ',
21 of the cost of the initial installation, hereinafter "IMPROVEMENTS".
22 3. COUNTY agrees to reimburse VILLAGE the amount established in ',
2 3 ;paragraph 2 for costs (materials and labor) associated with the installation of the
24 ';IMPROVEMENTS, upon VILLAGE's submission of acceptable documentation needed to '~
2 5 '!substantiate its costs for the IMPROVEMENTS. COUNTY will use its best efforts to provide
2 6 said funds to VILLAGE on a reimbursement basis within forty-five (45) days of receipt of all
2~ information required in Paragraph 6, below.
2 s 4. COUNTY's obligation is limited to its payment obligation and COUNTY shall
2 9 have no obligation to any other person or entity.
3 0 5. VILLAGE agrees to assume all responsibility for design, bidding, contract !,
31 preparation, and contract administration for the installation of the IMPROVEMENTS, '~
32 including payment(s) to contractor(s), pursuant to all applicable governmental laws and
3 3 'regulations and will comply with all applicable governmental landscaping codes and
34 permitting ,requirements in the selection and installation of the IMPROVEMENTS.
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35 ViLLAGi= agrees to install the IMPROVEMENTS substantially in accordance with the
36 plans, specifications and costs as approved (and where appropriate, permitted) by ~~,
37 COUNTY. VILLAGE also agrees to assume financial responsibility for the completion of
3 s any portions of the IMPROVEMENTS that are not fully-funded by the amount set forth in
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;Paragraph 2, above. Otherwise, COUNTY will have the final determination of the eligibility
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!',VILLAGE OF TEQUESTA -OLD DI%IE HIGHWAY FROM TEQUESTA DRIVE TO 900 FEET SOUTH OF COUNTY LINE
BROAD BEAUTIFICATION
1 for reimbursement of any changes. Substantial variations from the approved (and where
2 ~ ;appropriate, permitted) plans shall require priorwritten approval from COUNTY Engineer's
3 '. i Office. The final drawings must be signed and sealed by a Florida Registered Landscape
4 ''Architect.
5 '' 6. VILLAGE will obtain or provide all labor and materials necessary for the
6 ;',design and installation of the IMPROVEMENTS. COUNTY shall have the final
7 ~', !determination of eligibility for reimbursement. VILLAGE shall furnish the Manager,
8 ~I',Streetscape Section, of COUNTY's Department of Engineering and Public Works with a
9 ' ;request for payment supported by the following:
to ! a. A statement from a Florida Registered Landscape Architect that the
11 IMPROVEMENTS have been inspected and were installed substantially in
12 ' accordance with the permitted plans for the IMPROVEMENTS, and; '~
13 b. A Contract Payment Request Form and a Contractual Services Purchases ~
14 Schedule Form, attached hereto and incorporated herein as Exhibit "A"
15 (pages 1 and 2) which are required for each and every reimbursement ~~~
16 requested by VILLAGE. Said information shall list each invoice paid by
17 ' VILLAGE and shall include the vendor invoice number, invoice date, and the
is amount paid by VILLAGE. VILLAGE shall attach a copy of each vendor
19 invoice paid by VILLAGE along with a copy of the respective check and shall
2 0 ' make reference thereof to the applicable item listed on the Contractual
21 Services Purchases Schedule Form. Further, the Program Administrator and 'i
22 the Mayor of VILLAGE, or his designee shall also certify that each vendor
23 invoice listed on the Contractual Services Purchases Schedule Form was
24 paid by VILLAGE as indicated.
25 7. VILLAGE shall maintain adequate records to justify all charges, expenses, ~~
2 6 'and costs incurred in performing the IMPROVEMENTS for at least three (3) years afterthe ',
2 7 .'.completion of the IMPROVEMENTS. COUNTY shall have access to all books, records and '~
2 s ' .documents as required in this Section for the purpose of inspection or audit during normal j
2 9 'business hours.
3 0 8. VILLAGE agrees to be responsible for the perpetual maintenance of the .
31 'IMPROVEMENTS following its installation and shall be solely responsible forobtaining and
32 complying with all necessary permits, approvals, and authorizations from any federal, state, ',
33 (regional, or COUNTY agency which are required for the subsequent maintenance of the ICI
34 II~IIPROVEMENTS. i
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3 5 9. All installation of the IMPROVEMENTS shall be completed and final invoices
36 submitted to COUNTY no later than March 31, 2007, and COUNTY. shall have no
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igation to VILLAGE or any other entity or person for any cost incurred thereafter unless
time for completion is extended by modification of this Agreement as provided herein.
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VILLAGE OF TEQUE3TA - OLD DIXIE HIGHWAY FROM TEQUESTA DRIVE TO 900 F88T SOUTH OF COUNTY LINE
('ROAD BEAUTIFICATION
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', 10. VILLAGE recognizes that it is an independent contractor, and not an agent or
servant of COUNTY or its Board of County Commissioners. In the event a claim or lawsuit
', is brought against COUNTY, its officers, employees, servants or agents, relating to the
;IMPROVEMENTS or any item which is the responsibility of VILLAGE, VILLAGE hereby
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''; lagrees to indemnify, save and hold harmless COUNTY, its officers, employees, servants
I~ I~', or agents, and to defend said persons from any such claims, liabilities, causes of action
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~' '';and judgments of any type whatsoever arising out of or relating to the existence of the
IMPROVEMENTS or the performance by VILLAGE as may relate to this Agreement.
~'~~VILLAGE agrees to pay all costs, attorney's fees and expenses incurred by COUNTY, its
(',officers, employees, servants or agents in connection with such claims, liabilities or suits
''except as may be incurred. due to the negligence of COUNTY.
11. VILLAGE shall, at all times during the term of this Agreement (the installation
'-'land existence of the IMPROVEMENTS), maintain in force its status as an insured
municipal corporation.
12. As provided in F.S. 287.132-133, by entering into this Agreement or
''performing any work in furtherance hereof, VILLAGE certifies that its affiliates, suppliers,
'sub-contractors, and consultants who perform work hereunder, have not been placed on
18 :the convicted vendor list maintained by the State of Florida Department of Management ~,
19 Services within 36 months immediately preceding the date hereof. This notice is required
20 by F.S. 287.133(3)(x)• '',
21 ', 13. VILLAGE shall require each contractor engaged by VILLAGE for work
22 ;associated with this Agreement to maintain:
23 a. Workers' Compensation coverage in accordance with
24 Florida Statutes, and;
25 b. Commercial General Liability coverage, including vehicle coverage, in
26 combined single limits of not less than ONE MILLION AND 00/100
2 7 DOLLARS ($1,000,000.00.). COUNTY shall be included in the coverage as
28 an additional insured.
2 9 c. A payment and performance bond for the total amount of the
3 0 IMPROVEMENTS in accordance with Florida Statute 255.05.
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14. In the event of termination, VILLAGE shall not be relieved of liability to
COUNTY for damages sustained by COUNTY by virtue of any breach of the. contract by
VILLAGE; and COUNTY may withhold any payment to VILLAGE for the purpose of
set-off until such time as the exact amount of damages due COUNTY is determined. In
ithe event the VILLAGE elects to discontinue its maintenance obligation for the
IMPROVEMENTS under this Agreement, it shall be the obligation of the VILLAGE to
'restore, if necessary, the area of the IMPROVEMENTS on the COUNTY's rights-of-way
to a condition acceptable to the County Engineer, which shall be in accordance with
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'VILLAGE OF TEQUESTA -OLD DIXIE HIGHWAY FROM TEQUE3TA DRIVE TO 900 FEET SOUTH OF COUNTY LINE
ROAD BEAUTIFICATION
1 'i ~~Federal, State and COUNTY standards for road construction and/or maintenance. In
2 j ;the event the VILLAGE fails to restore the area of the IMPROVEMENTS to a condition
3 I'~acceptable to the County Engineer, the COUNTY may undertake such restoration and
4 ~i ~~the VILLAGE shall be liable for the costs of such restoration.
5 '~,' 15. VILLAGE's termination of this AGREEMENT shall result all obligations of
6 ', ~~~COUNTY for funding contemplated herein to be canceled.
~ '~ 16. COUNTY and VILLAGE agree that no person shall, on the grounds of race,
s I ''!color, national origin, sexual orientation, religion or creed, sex, age, or handicap be
9 idiscriminated against .in performance of the Agreement.
io ,' 17. COUNTY may, at COUNTY's discretion and for the duration of the
11 ' 'IIMPROVEMENTS, install signs within the public property or easement, notifying the public
12 ' ,that the IMPROVEMENTS were funded with COUNTY dollars.
13 18. In the event that any section, paragraph, sentence, clause, or provision
14 ''hereof is held invalid by a court of competent jurisdiction, such. holding shall not affect the
15 'remaining portions of this Agreement and the same shall remain in full force and effect.
15 19. All notices required to be given under this Agreement shall be in writing, and
1 ~ deemed sufficient to each party when sent by United States Mail, postage prepaid, to the
18 :following:
19 AS TO COUNTY
2 0 Manager, Streetscape Section
21 Palm Beach County Department of
22 Engineering and Public Works
2 3 Post Office Box 21229
24 West Palm Beach, Florida 33416-1229
25 AS TO VILLAGE
2 6 Assistant Village Manager
2 ~ Village of Tequesta
2 s P.O. Box 3273
2 9 l"equesta, FI 33469
3 0 20. This Agreement shall be construed and governed by the laws of the State of
3 i 'Florida. Any and all legal action necessary to enforce this Agreement shall be held in Palm
32 Beach County. No remedy herein conferred upon any party is intended to be exclusive of
33 'any other remedy, and each and every other remedy shall be cumulative and shall be in
34 '' ;addition to every other remedy given hereunder or now or hereafter existing at law or in
35 jequity or by statute or otherwise. No single or partial exercise by any party of any right,
3 6 ~ Dower, or remedy shall preclude any other or further exercise thereof.
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VILLAGE OF TEQVESTA -OLD DI%IE HIGHWAY FROM TSQUSSTA DRIVS TO 900 FIST SOUTH OF COUNTY LINL
ROAD 88AUTIFICATION
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21. 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.
22. 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 equality of
s ;', dignity herewith.
9 ', '! 23. Each party agrees to abide by all laws, orders, rules and regulations and
to ;VILLAGE .will comply with all applicable governmental landscaping codes in the
11 ' ' maintenance and replacement of the IMPROVEMENTS.
12 '' 24. The parties to this Agreement shall not be deemed to assume any liability for ii
13 ' I: the negligent or wrongful acts, or omissions of the other party (or parties). Nothing ',
14 ' ' contained herein shall be construed as a waiver by any of the parties, of the liability limits
15 'established in Section 768.28, Florida Statutes.
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16 25. VILLAGE shall promptly notify COUNTY of any lawsuit-related complaint, or
1 ~ ' ' cause of action threatened or commenced against it which arises out of or relates, in any
1 s manner, to the performance of this Agreement.
19 26. The parties. expressly covenant and agree that in the event any of the parties ',
2 0 is in default of its obligations under this Agreement, the parties not in default shall provide ~,
21 ! to the defaulting party thirty (30) days written notice before exercising any of their rights. ',
22 27. The preparation of this Agreement has been a joint effort of the parties, and
23 the resulting document shall not, solely as a matter of judicial constraint, be construed
24 more severely against one of the parties than the other.
2 5 28. This Agreement represents the entire understanding among the parties, and
2 6 supersedes all other negotiations, representations, or agreements, either written or oral, j
2 ~ relating to'this Agreement.
2 s 29. A copy of this Agreement shall be filed with the Clerk of the Circuit Court in '~
2 9 and for Palm Beach County, Florida.
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32 30. This Agreement shall take affect upon execution and the effective date shall
3 3 be the date of execution.
(INTENTIONALLY LEFT BLANK)
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i,VILLAGE OF TEQUE3TA -OLD DIXIE HIGHWAY FROM TEQUS3TA DRIVE TO 900 FEET SOUTH OF COUNTY LINE
';~AOAD BEAUTIFICATION
1 WITNESS WHEREOF, the parties have executed this Agreement and it is
2 ' Ii effective on the date first above written.
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4 i _.
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5 I ATTEST:
6
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9 !APPROVED AS TO FORM
to 'AND LEGAL SUFFICIENCY
VILLAGE OF TEQUESTA
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',-NCJRPORATED:
VILLAGE CLERK ~::_~~ •,~ ~,~.; Q,
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f~~//'~ ~F FL~Q~~OC
MAYOR
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12 '' ~ VILLAGE ATTORNEY
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16 'ATTEST:
17 SHARON R. BOCK, CLERK ~
18 'COMPTROLLER
PALM BEACH COUNTY
19 By:
20 DEPUTYCLERK
21 'APPROVED AS TO FORM
22 AND LEGAL SUFFICIiE:NC~r'
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PALM BEACH COUNTY, FLORIDA, BY ITS
BOARD OF COUNTY COMMISSIONERS
By:
TONY MASILOTTI, CHAIRMAN
APPROVED AS TO TERMS
AND CONDiTiONS
By: BY•
ASSISTANT COUNTY ATTORNEY
F:1Median\GCGIKPBCB 05-06WGR_VILLAGE OF TEQUESTA OLD DIXIE HWY.doc
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