HomeMy WebLinkAboutDocumentation_Regular_Tab 6H_2/14/2002 MEMORAN.DUM
To: Michael R. Couzzo, Jr., Village Manager�
From: Gary Preston, Director of Public Works
Date: February 4, 2002
Subject: Village Council Agenda Item for February 14,2002; Consideration
To Approve an Interlocal Agreement with Palm Beach County to
Install a Pathway on Riverside Drive
Please find attached, an interlocal agreement prepared by Palm Beach County for the
insta.11ation of six (6) foot wide concrete pathway along the west side of Riverside Drive.
As proposed in the agreement, Palm Beach County would pay all pathway cost in the
unincorporated area and either$21,928 or 50%, whichever is less, for the sections within
the Village. .
Should the Village Council approve the agreement, the agreement would return to Palm
Beach County for their approval within ninety (90) to one hundred and twenty (120)
days. The Village staff would then return to the Village Council with a proposal for the
pathway installation cost.
This agreement has been approved for legal form and sufficiency by Village Attorney
John C. Randolph.
Please place this item on the February 14, 2002 Village Council agenda for
Councilmembers' consideration.
GP/mk
AgendaltemMemorandumVnterlocalAgreemem
RESOLUTION NO. 25 - O1/02
A RESOLUTION OF THE VILLAGE COUNCIL
OF THE VILLAGE OF TEQUESTA, PALM
� BEACH COUNTY, FLORIDA, APPROVING AN
INTERLOCAL AGREEMENT WITH PALM
� BEACH COUNTY FOR THE INSTALLATION
�� OF A PATHWAY ON RIVERSIDE DRIVE AND
� AUTHORIZING THE VILLAGE MANAGER TO
� EXECUTE THE APPLICABLE PROPOSAL ON
BEHALF OF THE VILLAGE .
�
� NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL �
�{ OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, �
;� FLORIDA, AS FOLLOWS:
�
Section 1 . An Interlocal Agreement with Palm Beach
County for the Installation of a Pathway on Riverside
i Drive, attached heret•o as Exhibit "A", incorporated by
reference as part of this Resolution is hereby
appraved, and the Village Manager of the Villaqe of
Tequesta is authorized to execute the applicable
contract on behalf of the Village of Tequesta.
�� THE FOREGOING RESOLUTION WAS OFFERED by Councilmember
� who moved its adogtion. The motion
j was seconded by Councilmember , and �
� upon being put to a vote, the vote was as follows: �
��
��� FOR ADOPTION AGAINST ADOPTION 1{
{
! �
� �
� � �
�
1 i
i
�� �
s
? � i
; ; �
, � ;
!
;
; �
'� I
� ;
! �
I�
i �
) � i
1' �
� ±
. � '
i
�� �
� i
� ' �
The Mayor thereupon declared the Resolution duly passed
nd adop�ed this 14th day of February, A.D. 2002 .
Mayor of Tequesta �
�
�
�
�
Geraldine A. Genco �
�
TTEST: �
�
�� �
1 Mary Wolcott �
� Village Clerk
�
�
Reso 'onUnterlocalAgreement
� �
3
�
�
�
��
��
i
i
3
; �
� !
�� f
; � I
� '
�i
i �
1 i
i `
i �
��
!� i
j ' I
I�
i}
i
� i �
�i ;
j; i
� � �
I� I
EXHIBIT "A1°
1 INTERLOCAL AGREEMENT BETWEEN THE BOARD Or i.:'::'..':?Ti COMMISSIONERS
2 OF PALM BEACH COUNTY AND THE VILLAGE OF TEQUESTA FOR A PATHSJAY
- 3 ALONG THE WEST SIDE OF RIVERSIDE DRIVE ALONG THO5E PORTIONS
4 MAINTAINED BY THE VILLAGE
5 THIS INTERLOCAL AGREEMENT, made and entered into this
6 day of , 2�01, by and between the VILLAGE OF TEQUESTA,
7 a municipal corporation of the State of Florida, hereinafter
8 "VILLAGE" and the BOARD OF COUNTY COb44ISSIONERS OF PALM BEACH
9 COUNTY, FLORIDA, a political subdivision of the State of Florida,
10 hereinafter °COUNTY.��
11
12 W I T N E S S E T H:
13 WHEREAS, the COUN'TY plans to construct a six foot wide
14 concrete pathway along the west side of Riverside Drive along those
15 portions maintained by the COUNTY, a distance of approximately 4865
16 feet; and
l� WHEREAS, the VILLAGE plans to construct a six (6) foot wide
18 concrete pathway along the west side of Riverside Drive along those
19 portions maintained by the Village of Tequesta, a distan.ce of �
20 approximately 1320 feet (hereinafter "PROJECT"; and
21 WHEREA5, the "VILLAGE" has requested the COUNTY reimburse SOo
22 of the VILLAGE cost to construct the PROJECT; and
23 WHEREAS, the COUNTY wishes to provide a reimbursement
24 contribution in an amount not to exceed $21, 928 or 50 percent
25 whichever is less, of the total cost of the project including
26 design and construction, and `
27 WHEREAS, the VILLAGE and COUNTY are authorized to enter into
28. this Agreement pursuant to Section 163.01, Florida Statutes, which
29 permits local governmental units to make the most efficient use of
30 their powers by enabling them to cooperate with other governmental
31 entities on a basis of mutual advantage; and
32 WHEREAS, the COUNTY and VILLAGE believe that it is in their
33 best interests to enter into this Agreement.
-1-
VILLAGE OF TEQUESTA RIVERSIDE DRIVE AGREEMENT
1 NOW, THEREFORE, in consideration of the mutual covenants
2 contained herein, the parties hereto agree as follows:
3
4 1. The recitations set forth hereinabove are true, accurate,
5 and correct, and are incorporated herein.
6
7 2. The VILLAGE shall be responsible for the initial funding
8 and construction of the PROJECT (within their limits) including
9 design, contract preparation, bidding award, and contract
10 administration, and inspection pursuant to all applicable State and
11 local laws and regulations. The VILLAGE shall permit
12 representatives of the COUNTY to be present at any time during
13 consCruction.
14 3. The VILLAGE shall� obtain or provide all labor and
15 materials necessary for the construction of the PROJECT.
Z6 4. The VILLAGE shall be solely responsible for obtaining and
17 complying with all necessary permits, approvals, and authorizations
18 required for the construction of the PROJECT from any federal,
19 state, regional, County, or VILLAGE agency.
20 5. The COUNTY shall inspect the PROJECT jointly with the
21 VILLAGE during construction to ensure compliance with COUNTY
22 standards and the Village will be responsible for the maintenance
23 of PROJECT within the Village limits after completion.
24 6. This Agreement shall take effect upon execution and all
25� work shall be completed no later than August 1, 2002 unless the
26 time for completion is extended by the parties in accordance with
27 paragraph 20.
28 7. The COUNTY agrees to reimburse the VILLAGE in an amount
29 not to exceed 50% or $21,928, whichever is less of the actual cost
30 of the PROJECT which is estimated at $43,856. This cost shall
31 include design, permitting, construcCion, and inspection.
-2-
VILLAGE OF TEQUESTA RIVERSIDE DRIVE AGREEMENT
1 Notwithstanding anything contained in this Agreement, the VILLAGE
2 shall not be reimbursed by the COUNTY for construction costs under
3 this Agreement until after it has expended its own funds and the
4 construction costs it is seeking to be reimbursed for has been
5 completed, inspected, certified and approved by the COUNTY. The
6 VILLAGE shall submit proof of payment to the COUNTY's contract
7 monitor or his designee in a form deemed satisfactory by the
8 COUNTY.
� 9 Invoices submitted by the VILLAGE shall include a reference to
10 this Agreement, identify the Project, include the VILLAGE's total
11 expenditure and identify the amount due and payable by the COUNTY
12 to the VILLAGE. Invoices shall be itemized in sufficient detail
13 for pre-payment audit thereof, and shall be supported by copies of
14 the corresponding paid vendor or contractor invoices and
15 substantiated proof of payment and performance. The VILLAGE shall �
16 supply any other documentation requested by the COUNTY.
17 Invoices received from the VILLAGE will be reviewed and
18 approved by the COUNTY's contract monitor or his designee,
19 indicating that the expenditures have been made in conformity with
20 tlze requirements of this Agreement. Thereafter, they will be sent
21 to the COUNTY's Finance Department for final approval and payment.
22 Invoices will normally be paici within thirty (30) days following
23 approval. Unless the term of this Agreement is extended, the
24 VILLAGE shall submit all invoices for final payment by August 31,
25' 2002. The COUNTY shall have no obligation for any costs incurred
26 after the final inspection has been approved and final payment has
27 been made.
28 8. The VILLAGE shall maintain adequate records to justify
29 all charges, expenses, and costs incurred in performing the PROJECT
30 for at least three (3) years after its completion. The COUNTY
31 sha11 have access to all books, records, and documents as required
-3-
VILLAGE OF TEQUESTA RIVERSIDE DRIVE AGREEM�I3T
1 in this Section far the purpose of inspection or audit during
2 normal business hours.
3 9. Should the PROJECT costs exceed $43,856, the COUNTY shall
4 not be responsible for any costs in excess of $21,928. Should the
5 PROJECT cost be less than $43,856, the COUNTY shall be responsible
6 for only 500 of the actual PROJECT costs. In any event, the COUNTY
7 shall have no obligation. to the VILLAGE or any other entity or
8 person for any amount in excess of 50 percent of the entire project
9 cost.
10 10. The VILLAGE recognizes that it is an independent
11 contractor, and not an agent or servant of the COUNTY. No person
12 employed by any party to this Agreement, shall in connection with
13 the performance of this Agreement or any services or functions
14 contemplated hereunder, at �any time, be considered the employee of
15 the other party, nor sha11 an employee claim any right in or �
16 entitlement to any pension, worker's compensation benefit,
17 unemployment compensation, civil service, or other employee rights
18 or privileges granted by operation of law or otherwise, except
19 through and against the entity by whom they are employed.
20 11. The parties to this Agreement shall not be deemed to
21 assume any liability for the negligent or wrongful acts, or
22 omissions of the other party. Nothing contained herein shall be
23 construed as a waiver, by either party, of the liability limits
24 established in Section 768.28, Florida Statutes.
25' Liability for injury to personnel, and the loss or damage
26 of equipment shall be borne by the party employing such personnel
27 and owning such equipment.
28 All personnel costs shall be bozne by the employing
29 party.
30 12. In the event a claim or lawsuit is brouqht against the
31 COUNTY, its officers, employees, servants; or agents, the VILLAGE
-4-
VILLAGE OF TEQUESTA RIVERSIDE DRIVE AGREEMENT •
1 hereby agrees to indemnify, save and hold harmless the COUNTY, its
2 officers, employees, servants, or agents and to defend said persons
3 from any such claims, liabilities, causes of action and judgments
4 of . any type whatsoever arising out of or relating to the
5 performance of the VILLAGE, its officers, employees, servants or
6 agents, under this Agreement, to the extent permitted by law. The
7 VILLAGE agrees to pay a�l costs, attorney�s fees and expenses
8 incurred by the COUNTY, its officers, employees, servants, or
9 agents in connection with such claims, liabilities or suits.
10 Furthermore, the VILLAGE stipulates that the extent of the COUNTY'S
il liability pursuant to this Agreement shall be limited solely to its
12 payment obligation. Nothing contained herein, however, shall act
13 as a waiver of any of the VILLAGE or COUNTY'S immunities provided
14 for in Section �68.28, Florida Statutes. This indemnification
15 shall apply only for the time necessary to construct the project. �
16 Once construction is completed and approved for payment by the
17 County, the VILLAGE shall maintain the pathway and shall assume
18 full liability.
19 13. The VILLAGE shall provide documentation evidencing its
2o self-insured status as permitted by state law.
21 14. In the event of termination, the VILLAGE sha11 not be
22 relieved of liability to the COtJNTY for damages sustained by the
23 COUNTY by virtue of any breach of the contract by the VILLAGE and
24 the COUNTY may witl2hold any payment to the VILLAGE for the purpose
25' of set-off until such time as the exact amount of damages due .the
26 COUNTY is determined.
27 15. The COUNTY and the VILLAGE agree that no person shall, on
28 the grounds of race, color, sex, national origin, handicap or
29 religion be excluded from the benefits of, or be subjected to any
30 form of discrimination under any activity carried ouC by the
31 performance of this Agreement.
-5-
VILLAGE OF TEQUESTA RIVERSIDE DRIVE AGREEMENT
1 16. All notices required to be given under this AgreemenC
2 shall be addressed to:
3
4 COUNTY
5 Palm Beach County Department of
6 Engineering & Public Works
? AttenCion: Charles R. Walker, P.E.
8 Post Office Box 21229
9 West Palm Beach, Florida 33416-1229
10
11 VILLAGE
12
13 Michael R. Couzzo, Village Manage�
14 Village of Tequesta
15 P.O. Box 3273
16 Tequesta, Fl 33469
17
18 17. By entering into this Interlocal Agreement, VILLAGE and
19 COUNTY represent that each has full right and lawful authority to
20 enter into and perform this Agreement.
21 18. This Agreement, including attachments hereto,
22 constitutes the entire agreement between the parties, and shall
23 supersede and replace all prior agreements or understandings,
24 written or oral, relating to the matters set forth .herein.
25 19. This Znterlocai Agreement may be amended or modified
26 only by written addendum or amendment .signed by the parties and
27 authorized by their respective elected officials.
28 � 20. Each party will promptly notify the other of any
29 citizen complaint, claim, suit, or cause of action threatened or
30 commenced against it which arises out of or relates, in any
31 manner, to the performance of this Agreement.
32 21. Each party's performance and obligation under this
33 Agreement is contingent upon an annual budgetary appropriation by
34 its respective governing body for the purposes hereunder.
-6-
VILLAGE OF TEQUESTA RIVERSIDE DRIVE AGREEMENT
1 22. The parties expressly covenant and agree that in the
2 event either party is in default of its obligations under this
3 Agreement, the party not in default shall provide to the
4 defaulting party thirty (30) days written notice before
5 exercising any of its rights.
6 23 . Any costs or expenses tincluding reasonable attorney's
7 fees) associated with the. enforcement of the terms and conditions
8 of this Agreement shall be borne by the respective parties;
9 provided, howevar, that this clause pertains only to the parties
10 to this Agreemznt.
11 24. This Agreement shall be construed by and governed by
I2 the laws of the State of Florida. Any and all legal action
13 necessary to enforce this Agreement shall be held in Palm Beach
14 County. No remedy herein conferred upon any party is intended to
15 be exclusive of any other remedy, and each and every such remedy
16 shall be cumulative and shall be in addition to every other �
17 remedy given hereunder or now or hereafter existing at law or in
18 equity or by statute or otherwise. No single or partial exercise
19 by any party of any right, power, or remedy hereunder shall
20 preclude any other or further exercise thereof.
21 25. The preparation of this AgreemenC has been a joint
22 effort of the parties, and the resulting document shall not,
23 solely as a matter of judicial constraint, be construed more
24 severely against one of the parties than the other.
25' 26. The captions and section designations herein set forth
26 are for convenience only and shall have no substantive meaning.
27 27. In the event that any section, paragraph, sentence,
28 clause, or provision hereof is held invalid by a court of
29 competent jurisdiction, such holding shall not affect the
30 remaining portions of Chis Agreement and the same shall remain in
31 full force and effect.
� -7-
VILLAGE OF TEQUESTA RIVERSIDE DRIVE AGREEMENT
1 28. A copy o£ this Agreement shall be fiZed with the Clerk
2 of the Circuit Court in and for Palm Beach County, Florida.
3 29. The effective date of this Agreement shall be the date
4 of full execution by both parties.
5 (Left Blank Intentially)
, �
-8-
VILLAGE OF TEQUESTA RIVERSIDE DRIVE AGREEMENT
1 IN wITNESS WHEREOF, the parties hereunto have executed this
2 Agreement on the date and year first above written.
3 VILLAGE OF TEQUESTA PALM BEACH COUNTY, FLORIDA, BY
4 BY ITS VILLAGE COMMISSION ITS BOARD Ofi COUNTY
5 COMMISSIONERS
6 By: By:
7 Village Manager Warren H. Newell, Chairman
8 ATTEST: ATTEST:
9 DOROTHY H. WILKEN, CLERK
10 By: By;
11 Village Clerk Deputy Clerk
12
13 APPROVED AS TO FORM AND APPROVED AS TO TERMS
14 LEGAL SUFFICIENCY AND CONDITIONS �
15 By: By:
16 Village Attorney County Attorney
APPROVED AS TO TERMS
AND CONDITIONS
��
By:
f:\traffic\kah\rivsdteq.jpa
-9-