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HomeMy WebLinkAboutResolution_25-01/02_02/14/2002• RESOLUTION NO. 25 - 01/02 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 Drive, attached hereto as Exhibit "A", incorporated by reference as part of this Resolution is hereby approved, and the Village Manager of the Village of Tequesta is authorized to execute the applicable contract on behalf of the Village of Tequesta. THE FOREGOING RESOLUTION WAS OFFERED by Councilmember von F~a~, , who moved its adoption. The motion was seconded by Councilmember Dalack and upon being put to a vote, the vote was as follows: FOR ADOPTION AGAINST ADOPTION • • The Mayor thereupon declared the Resolution duly passed adopted this 14th day of February, A.D. 2002. Mayor of Tequesta Geraldine A. Genco i'i~~ /i;, Ccs~~ Mary yJ,blcott Villacie Clerk • • EXHIBIT "A" 1 INTERLOCAL AGREEMENT BETWEEN THE BOARD OF C'::[72'.Y COMMISSIONERS 2 OF PALM BEACH COUNTY AND THE VILLAGE OF TEQUESTA FOR A PATHWAY 3 ALONG THE WEST SIDE OF RIVERSIDE DRIVE ALONG THOSE PORTIONS 4 MAINTAINED BY THE VILLAGE ~t~ y. ~ C t ~~.~~" / a ~ J l~~ ~'~- 1 5 THIS INTERLOCAL AGREEMENT, made and entered into this ~ ~' ~,..._ _ • 6 day of 2001, by and between the VILLAGE OF TEQUESTA, 7 a municipal corporation of the State of Florida, hereinafter 8 "VILLAGE" and the BOARD OF COUNTY COMMISSIONERS 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 COUNTY 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 17 WHEREAS, the VILLAGE plans to construct a six, (6) foot wide 18 concrete pathway along the west side of Riverside Drive along those ' 19 20 portions maintained by the Village of Tequesta, a distance of a roximat l 3 f " pp e y 1 20 eet (hereinafter PROJECT"; and 21 WHEREAS, the "VILLAGE" has requested the COUNTY reimburse 50% 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 construction. 14 3. The VILLAGE shall obtain or provide all labor and • 15 materials necessary for the construction of the PROJECT. 16 4. The VILLAGE shall be solel res onsible for obta' ' Y P fining 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 500 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, construction, and inspection. -2- VILLAGE OF TEQUESTA RIVERSIDE DRIVE AGREEMENT 1 Notwithstanding anything contained in this Agreement, the VILLAGE • 2 3 shall not be reimbursed by the COUNTY for construction costs under thi A s greement 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 to 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 16 substantiated proof of payment and performance. The VILLAGE shall l supp y 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 the 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 paid 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 31 for at least three (3) years after its completion. The COUNTY h ll h s a ave access to all books, records, and documents as required -3- VILLAGE OF TEQUESTA RIVERSIDE DRIVE AGREEMENT • 1 in this Section for 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 50% 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 shall 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 il. 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 borne by the employing 29 party. 30 12. In the event a claim or lawsuit is brought against the 31 COUNTY, iLs officers, employees, servanEs, 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 all 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 11 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 768.28, 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 shal]. maintain the pathway and shall assume 18 full liability. 19 13. The VILLAGE shall provide documentation evidencing its 20 self-insured status as permitted by state law. 21 14. In the event of termination, the VILLAGE shall. not be 22 relieved of liability to the COUNTY for damages sustained by the 23 COUNTY by virtue of any breach of the contract by the VILLAGE and 24 the COUNTY may withhold 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 out by the 31 performance of this Agreement. -5- VILLAGE OF TEQUESTA RIVERSIDE DRIVE AGREEMENT • 1 16. All notices required to be given under this Agreement 2 shall be addressed to: • 3 4 CO TY 5 Palm Beach County Department of 6 Engineering & Public Works 7 Attention: 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 Manager 14 Village of Tequesta 15 P.O. Box 3273 16 Tequesta, F1 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 Interlocal 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. r -6- t 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 (including 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, however, that this clause pertains only to the parties 10 to this Agreement. 11 24. This Agreement shall be construed by and governed by 12 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 Agreement 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 this Agreement and the same shall remain in 31 full force and effect. -7- VILLAGE OF TEQUESTA RIVERSIDE DRIVE AGREEMENT • 1 28. A copy of this Agreement shall be filed 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 OF 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 14 LEGAL SUFFICIENCY APPROVED AS TO TERMS AND CONDITIONS 15 By: 16 Village Attorney f:\traffic\kah\rivsdteq.jpa By: County Attorney APPROVED AS TO TERMS AND CONDITIONS By: -9-