HomeMy WebLinkAboutAgreement_Interlocal_2/11/2005_-1y.l. I I
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R2005400207
VILLAGE OF TEQUESTA - TEQUESTA DRIVE AND OLD DIXIE HIGHWAY TRAFFIC SIGNALS AND BEAUTIFICATION
FINANCIAL ASSISTANCE AGREEMENT FOR VILLAGE OF TEQUESTA
TEQUESTA DRIVE AND OLD DIXIE HIGHWAY BEAUTIFICATION
THIS INTER -LOCAL AGREEMENT is made and entered into this day of
FEB 0 1 20E5 200_, byand between the VILLAGE OF TEQUESTA, a municipal
corporation of the State of Florida, hereinafter "VILLAGE", and PALM BEACH
COUNTY, a political subdivision of the State of Florida, hereinafter "COUNTY".
WITNESSETH:
WHEREAS, VILLAGE is undertaking the installation of improvements,
including, but not limited to, traffic signals and beautification in and along the rights
of way in the vicinity of the intersection of Tequesta Drive and Old Dixie Highway,
hereinafter "IMPROVEMENTS"; and
WHEREAS, COUNTY believes that such efforts by VILLAGE serve a public
purpose in the enhancement of the appearance of these thoroughfares and wishes
to support VILLAGE's efforts to install the IMPROVEMENTS by providing
reimbursement funding from Board of County Commissioners District 1
Discretionary Fund for Improvements in an amount not to exceed TWO HUNDRED
THOUSAND AND 00/100 DOLLARS ($200,000.00); and
WHEREAS, after installation, VILLAGE will be responsible for the perpetual
maintenance of the IMPROVEMENTS; 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 are incorporated herein.
2. COUNTY agrees to provide to VILLAGE reimbursement funding for
documented costs for the IMPROVEMENTS from Commission District 1
Discretionary Funds for Improvements in an amount not to exceed TWO HUNDRED
THOUSAND AND 00/100 DOLLARS ($200,000.00).
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VILLAGE OF TEQUESTA - TEQUESTA DRIVE AND OLD DIXIE HIGHWAY TRAFFIC SIGNALS AND BEAUTIFICATION
3. COUNTY agrees to reimburse VILLAGE the amount established in
paragraph 2 for costs (materials and labor) associated with installation of the
IMPROVEMENTS, upon VILLAGE's submission of acceptable documentation needed
to substantiate their costs for the IMPROVEMENTS. COUNTY will use its best efforts
to provide said funds to VILLAGE on a reimbursement basis within forty-five (45)
6 days of receipt of all information required in Paragraph 6, below.
7 4. The COUNTY's obligation and performance under this Agreement
8 is contingent upon an annual budgetary appropriation necessary to fund its
9 obligations established herein. COUNTY's obligation is limited to its payment
10 obligation and shall have no obligation to any other person or entity.
11 5. VILLAGE agrees to assume all responsibility for bidding, contract
12 preparation, and contract administration forthe installation of the IMPROVEMENTS,
13 including payment(s) to contractor(s), pursuant to all applicable governmental laws
14 and regulations and will complywith all applicable governmental landscaping codes
15 and permitting requirements in the selection and installation of the IMPROVEMENTS.
16 6. VILLAGE will obtain or provide all labor and materials associated with
17 the installation of the IMPROVEMENTS. COUNTY shall have the final determination
18 of eligibility for reimbursement. VILLAGE shall furnish the Manager, Streetscape
19 Section, of COUNTY's Department of Engineering and Public Works with a request
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for payment supported by the following:
a. A statement from a Florida Registered Landscape Architect, or as
appropriate a Florida Registered Engineer, that the IMPROVEMENTS
have been inspected and were installed substantially on accordance
with the COUNTY approved plans for the IMPROVEMENTS, and;
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VILLAGE OF TEQUESTA - TEQUESTA DRIVE AND OLD DIXIE HIGHWAY TRAFFIC SIGNALS AND BEAUTIFICATION
b. A Contract Payment Request Form and a Contractual Services
Purchases Schedule Form, attached hereto and incorporated herein as
Exhibit "A" (pages 1 and 2) which are required for each and every
reimbursement requested by VILLAGE. Said information shall list each
invoice payable by VILLAGE and shall include the vendor invoice
number, invoice date, and the amount payable by VILLAGE. VILLAGE
shall attach a copy of each vendor invoice paid by VILLAGE along with
a copy of the respective check and shall make reference thereof to the
applicable item listed on the Contractual Services Purchases Schedule
Form. Further, the Program Administrator and the Program Financial
Officer for VILLAGE shall also certify that each vendor invoice listed on
the Contractual Services Purchases Schedule Form was paid by
VILLAGE as indicated.
7. VILLAGE shall maintain adequate records to justify all charges,
expenses, and costs incurred in performing the IMPROVEMENTS for at least three
(3) years after the completion of such IMPROVEMENTS. COUNTY shall have access
to all books, records and documents as required in this Section for the purpose of
inspection or audit during normal business hours.
8. VILLAGE agrees to be responsible forthe perpetual maintenance of the
IMPROVEMENTS following the installation and shall be solely responsible for
obtaining and complying with all necessary permits, approvals, and authorizations
from any federal, state, regional, or COUNTY agency which are required for the
subsequent maintenance of the IMPROVEMENTS.
9. All installation of these IMPROVEMENTS shall be completed and final
invoices submitted to COUNTY no later than December 31, 2006, and COUNTY shall
have no obligation to VILLAGE or any other entity or person for any cost incurred
thereafter unless the time for completion is extended by modification of this
Agreement as provided herein.
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VILLAGE OF TEQUESTA - TEQUESTA DRIVE AND OLD DIXIE HIGHWAY TRAFFIC SIGNALS AND BEAUTIFICATION
1 10. VILLAGE recognizes that it is an independent contractor, and not an
2 agent or servant of COUNTY or its Board of County Commissioners. In the event a
3 claim or lawsuit is brought against COUNTY, its officers, employees, servants or
4 agents, relating to the IMPROVEMENTS or any item which is the responsibility of
5 VILLAGE, VILLAGE hereby agrees, to the extent permitted by law, to indemnify, save
6 and hold harmless COUNTY, its officers, employees, servants or agents, and to
7 defend said persons from any such claims, liabilities, causes of action and
8 judgments of any type whatsoever arising out of or relating to the negligent or
9 wrongful acts or omissions of VILLAGE relating to the obligations of VILLAGE under
10 this Agreement. VILLAGE, to the extent permitted by law, agrees to pay all costs,
11 attorney's fees and expenses incurred by COUNTY, its officers, employees, servants
12 or agents in connection with such claims, liabilities or suits except as may be
13 incurred due to the negligence of COUNTY.
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11. VILLAGE shall, at all times during the term of this Agreement (the
installation and 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 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).
23 13. VILLAGE shall require each contractor engaged by VILLAGE for work
24 associated with this Agreement to maintain:
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a. Workers' Compensation coverage in accordance with Florida
Statutes, and;
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VILLAGE OF TEQUESTA - TEQUESTA DRIVE AND OLD DIXIE HIGHWAY TRAFFIC SIGNALS AND BEAUTIFICATION
b. Commercial General Liability coverage, including vehicle coverage,
in combined single limits of not less than ONE MILLION AND 001100
DOLLARS ($1,000,000.00). COUNTY shall be included in the coverage
as an additional insured.
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, 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 the event VILLAGE elects to discontinue its maintenance obligation
for the IMPROVEMENTS under this Agreement, it shall be the obligation of VILLAGE
to restore, if necessary, the area of the IMPROVEMENTS on COUNTY's right-of-way
to a condition acceptable to COUNTY Engineer, which shall be in accordance with
Federal, State and COUNTY standards for road construction and/or maintenance. In
the event VILLAGE fails to restore the area of the IMPROVEMENTS to a condition
acceptable to COUNTY Engineer, COUNTY may undertake such restoration and
VILLAGE shall be liable for the costs of such restoration.
15. VILLAGE's termination of this AGREEMENT shall result all obligations
of COUNTY for funding contemplated herein to be canceled.
16. COUNTY and VILLAGE agree that no person shall, on the grounds of
race, color, national origin, sexual orientation, religion or creed, sex, age, or
handicap be discriminated against in performance of the Agreement.
17. COUNTY may, at COUNTY's discretion and for the duration of
IMPROVEMENTS, install signs within the public property or easement, notifying the
public that the IMPROVEMENTS were funded with COUNTY dollars.
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VILLAGE OF TEQUESTA - TEQUESTA DRIVE AND OLD DIXIE HIGHWAY TRAFFIC SIGNALS AND BEAUTIFICATION
1 18. In the event that any section, paragraph, sentence, clause, or provision
2 hereof is held invalid by a court of competent jurisdiction, such holding shall not
3 I affect the remaining portions of this Agreement and the same shall remain in full
4 force and effect.
5 19. All notices required to be given under this Agreement shall be in
6 writing, and deemed sufficient to each party when sent by United States Mail,
7 postage prepaid, to the following:
8 AS TO COUNTY
9 Manager, Streetscape Section
10 Palm Beach County Department of
11 Engineering and Public Works
12 Post Office Box 21229
13 West Palm Beach, Florida 33416-1229
��I Ito] 914W-ITOd
15 Village Manager
16 Village of Tequesta
17 250 Tequesta Drive
18 Tequesta , FL 33469
19 11 20. This Agreement shall be construed and governed by the laws of the
20 State of Florida. Any and all legal action necessary to enforce this Agreement shall
21 be held in Palm Beach County. No remedy herein conferred upon any party is
22 intended to be exclusive of any other remedy, and each and every other remedy shall
23 be cumulative and shall be in addition to every other remedy given hereunder or now
24 11 or hereafter existing at law or in equity or by statute or otherwise. No single or
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partial exercise by any party of any right, power, or remedy shall preclude any other
or further exercise thereof.
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.
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VILLAGE OF TEQUESTA - TEQUESTA DRIVE AND OLD DIXIE HIGHWAY TRAFFIC SIGNALS AND BEAUTIFICATION
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 dignity herewith.
23. Each party agrees to abide by all laws, orders, rules and regulations and
VILLAGE will comply with all applicable governmental landscaping codes in the
maintenance and replacement of the IMPROVEMENTS.
24. The parties to this Agreement 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.
25. VILLAGE shall promptly notify COUNTY 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.
26. The parties expressly covenant and agree that in the event any of the
parties is in default of its obligations underthis Agreement, the parties not in default
shall provide to the defaulting party thirty (30) days written notice before exercising
any of their rights.
27. 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.
28. This Agreement represents the entire understanding among the parties,
and supersedes all other negotiations, representations, or agreements, eitherwritten
or oral, relating to this Agreement.
29. A copy of this Agreement shall be filed with the Clerk of the Circuit
Court in and for Palm Beach County, Florida.
30. This Agreement shall take affect upon execution and the effective date
shall be the date of execution.
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TILLAGE OF TEQUESTA - TEQUESTA DRIVE AND OLD DIXIE HIGHWAY TRAFFIC SIGNALS AND BEAUTIFICATION
IN WITNESS WHEREOF, the parties have executed this Agreement and it is
affective on the date first above written.
O F T.
4 ((VILLAGE SEAL) 'vQ�o(�POf�gQG�';
SEAL�>
INCORPORATED:
6 ATTEST: ' u'J • .
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7 By: s
8 VILLAGE CLERK
VILLAGE OF TEQUESTA,
BY ITS VILLAGE COUNCIL
By: 7t, .0
MAYOR
9 APPROVED AS TO FORM AND LEGAL SUFFICIENCY
10 By:
11 VILLAGE ATTORNEY R 2 0 0 5 0207
12 FEB 01 2005
13 PALM BEACH COUNTY
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15 (COUNTY SEAL)
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17 ATTEST: __O.t•1T Y 60 "'
18',
Sharon R. Bock 3 W
Qi e�jC U N T Y _
FLORt
19 B
20 DEPUTY C'' .. ---
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PALM BEACH COUNTY, FLORIDA, BY ITS
BOARD OF COUNTY COMMISSIONERS
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21 APPROVED AS TO FORM AND LEGAL SUFFICIENCY
22 By: %1
23 ASSISTANT COUNT ATTORNEY
24 APPROVED AS TO TERMS AND CONDITIONS
25 By: Q-
26 ASH\Medianl2005AGMTS\Tequesta1105O4
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PALM BEACH COUNTY Exhibit A
ENGINEERING & PUBLIC WORKS DEPARTMENT
CONTRACT PAYMENT REQUEST
Grantee
Billing #
Item
Consulting Services
Contractual Services
Materials, Supplies, Direct Purchases
Grantee Stock
Equipment, Furniture
TOTAL PROJECT COSTS
Certification: I hereby certify that the above
were incurred for the work identified as being
accomplished in the attached progress reports.
(Project)
Request Date
Billing Period
PROJECT PAYMENT SUMMARY
Project Costs Cumulative
This Billing Project Costs
Total
Project Costs
Certification: I hereby certify that the documen-
tation has been maintained as required to support
the project expenses reported above and is avail-
able for audit upon request.
Administrator/Date Financial Officer/Date
PBC USE ONLY
County Funding Participation
Total Project Cost
Total project costs to date
County obligation to date
County retainage (_%)
County funds previously disbursed
County funds due this billing
Reviewed and Approved by:
PBC Project Administrator/Date
Assistant County Engineer or Fiscal Manager/Date
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