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Home My WebLink AboutDocumentation_Regular_Tab 7G_8/8/1996 P 3r5 Memorandum To: Village Council From: Thomas G. Bradford, Village Manager .07 Date: July 29, 1996 Subject: Resolution Approving Interlocal Agreement with Other Local Governments for Mediation Services on Regional Roadway Issues; Agenda Item Attached hereto, please find a Resolution for your consideration in regard to the above referenced. This Interlocal Agreement sets forth the terms and conditions for each of the four (4 ) parties (Tequesta, Jupiter, Palm Beach and Martin Counties ) to follow relative to selection and compensation of Harry Goodheart, the mediator chosen to handle the mediation process over the regional roadway issues . Each community will be responsible for payment of $10, 000 of the total, not to exceed a $40,.000 cap. The Resolution addresses the allocation of these necessary funds . . I was a part of the process in selecting Harry Goodheart and feel he will do an exceptional job for all . I anticipate the formal mediation process to begin in mid to late September. Hopefully, this process will lead to closure on this long-standing issue. It is recommended that the Village Council approve the attached Resolution, approving the Interlocal Agreement with the referenced governments . TGB/krb Attachment council/072996.sam RESOLUTION NO. 33 — 95/96 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, APPROVING AN INTERLOCAL AGREEMENT BETWEEN THE TOWN OF JUPITER, THE VILLAGE OF TEQUESTA, MARTIN COUNTY AND PALM BEACH COUNTY REGARDING MEDIATION SERVICES TO BE PROVIDED BY MEDIATION RESOURCES, INC. , AND AUTHORIZING THE MAYOR TO EXECUTE THE SAME 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. The Interlocal Agreement Between the Town of Jupiter, the Village of Tequesta, Martin County and Palm Beach County Regarding Mediation Services to be Provided by Mediation Resources, Inc. , attached hereto as Exhibit "A" and incorporated by reference as a part of this Resolution, is hereby approved and the Mayor of the Village of Tequesta is authorized to execute the same on behalf of the Village of Tequesta. Section 2 . Village staff is authorized to draw said funds from the Undesignated Fund Balance and to bring forward, for Village Council consideration, a budgetary amendment incorporating the same. THE FOREGOING RESOLUTION WAS OFFERED by Councilmember , who Hoed its adoption. The motion was seconded by Councilmember , and upon being put to a vote, the vote was as follows : FOR ADOPTION AGAINST ADOPTION The Mayor thereupon declared the Resolution duly passed and adopted this 8th day of August, A.D. , 1996 . MAYOR OF TEQUESTA Ron T. Mackail ATTEST: Joann Manganiello Village Clerk 07/25 '96 15:08 ID:WATTERSON HYLAND ET AL. FAX:4076272960 PAGE 2 INTERLOCAL AGREEMENT BETWEEN THE TOWN OF JUPITER, THE VILLAGE OF TEQUESTA, MARTIN COUNTY AND PALM BEACH COUNTY REGARDING MEDIATION SERVICES TO BE PROVIDED BY MEDIATION RESOURCES, INC. This Interlocal Agreement, made and entered into this day of 1996, by and between the Town of Jupiter, the Village of Tequesta, Martin County and Palm Beach County regarding mediation services to be provided by the Florida Conflict Resolution Group and Harry G. Goodheart, Ill of Mediation Resources, inc. WITNESSETH: WHEREAS, Fla. Stat., §163.01 authorizes governmental entities to enter into Interlocal Agreements; WHEREAS, the four local governments have, for several years, discussed at various public forums or meetings ways to resolve their differences related to transportation planning issues in the northern Palm Beach County southern Martin County region; WHEREAS, the parties have agreed to the mediation of the so-called North County Road Network Plan; WHEREAS, the parties have accessed the Florida Conflict Resolution Consortium to coordinate the mediation of their differences; WHEREAS, the parties have met with representatives of the Florida Conflict Resolution Consortium who have presented the parties with a list of qualified mediators; WHEREAS, representatives of the parties have interviewed potential mediators; WHEREAS, the parties have agreed to retain Harry G. Goodheart, Ill of Mediation Resources, Inc. as the mediator of the so-called North County Road Network Plan; and WHEREAS, the parties have agreed to retain the Florida Conflict Resolution Consortium to work with Mediation Resources, Inc. as a facilitator in the mediation. NOW, THEREFORE, in consideration of and in reliance upon the mutual promises, covenants and recitals herein, the parties agree to the following terms and conditions regarding the mediation: Section 1. Duration of Agreement. The duration of this Interlocal Agreement shall be for such time as mediation is conducted amongst the parties by Harry G. Goodheart, III This Interlocal Agreement may V'Veo "yti 15 lR5 1 ll:WH I I LKa.IN HYL.HNIJ L I AL. FAX:40'(bZ'(2960 PAGE 3 be amended only by mutual consent of the parties as evidenced by a written amendment to this Agreement. This Agreement shall automatically end upon termination or completion of mediation. Section 2. Mediation Funding. The parties hereto agree to each contribute an amount not to exceed $10,000 for payment of fees and costs submitted by the mediator, the facilitator (the Florida Conflict Resolution Consortium), and such authorized subcontractors, agents, or assigns. Section 3. Submission of Invoices. The parties hereto agree that all invoices by the mediator and facilitator shall be submitted to: Town of Jupiter c/o Thomas J. Baird, Esq, Watterson, Hyland, Baird 8 Klett, P.A. 11380 Prosperity Farms Road, Suite 112 Palm Beach Gardens, FL 33410 It shall be the responsibility of the Town of Jupiter to submit invoices to all parties to the Agreement for approval prior to payment and to coordinate payment to the mediator and facilitator. Section 4. Termination. Any of the parties shall have the right to terminate this Interlocal Agreement by giving written notice of its intention to do so 30 days in advance of termination. In the event of termination by one or mare of the parties, the remaining parties may continue the mediation should they elect to do so by amending this Interlocal Agreement in accordance with Section 2 and provided the parties who elect to continue mediation assume the full cost of such additional mediation services. The parties who terminate this Agreement shall have no responsibility for any further payment of mediation services, nor any right to continue in the mediation, nor shall any such party be obligated to implement any resolution reached by the parties remaining in mediation. Section 5. Governing Law. The laws of the State of Florida shall govern all aspects of this Interlocal Agreement. In the event it is necessary for any party to initiate legal action regarding this Agreement, venue shall be in the Fifteenth Judicial Circuit. 2 0725 '96 15:09 ID:WATTERSUN HYLAND ET AL. FAX:40762(2960 NA[± 4 Section 6. Public Records. The mediator shall be responsible for maintaining all records generated regarding this mediation, and shall fully comply with the laws of the State of Florida regarding the confidentiality of this mediation. Section 7. Entire Agreement. This Interlocal Agreement states the entire understanding and agreement between the parties and supersedes any and all written or oral representations, statements, negotiations or agreement previously existing between the parties with respect to the subject matter of this Agreement. Section 8. Notice. Notice is required to be given by this Interlocal Agreement and shall be in writing addressed to the person to whom it is intended at the place specified herein for giving notice as follows: For the Town of Jupiter: Town Manager Town of Jupiter . 210 Military Trail Jupiter, Florida 33458 For the Village of Tequesta: Village Manager Village of Tequesta 357 Tequesta Drive Tequesta, Florida 33469 For Palm Beach County: Robert Weisman County Administrator Palm Beach County 301 North Olive Avenue West Palm Beach, Florida 33401 3 07/25 '96 15:09 ID:WATTERSDN HYLAND ET AL. FAX:4076272960 PAGE 5 For Martin County: Martin County Board of County Commissioners do The Honorable Janet Gettig 2401 SE Monterey Road Stuart, Florida 34996 Section 9. Severability, In the event any term or provision of this Interlocal Agreement shall be held invalid, such invalid term or provision shall not affect the validity of any other term or provision hereof, and all such other terms and provisions hereof shall be enforceable to the fullest extent permitted by law if such invalid term or provision have never been a part of this Interlocal Agreement. IN WITNESS WHEREOF, the parties or their duly authorized representatives hereby execute this contract on the date first written above. TOWN OF JUPITER Approved as to form and legal sufficiency: By: By: Karen J. Golonka, Mayor Thomas J. Baird, Esq. Town of Jupiter VILLAGE OF TEQUESTA By By: Ron T. MacKail, Mayor John C. Randolph, Esq. Village of Tequesta PALM BEACH COUNTY BOARD OF COUNTY COMMISSIONERS By: _ By: Ken Foster, Chair Denise Dytrych, Esq County Attorney MARTIN COUNTY BOARD OF COUNTY COMMISSIONERS By: By. Janet Gettig, Chair Robert Guthrie, Esq. County Attorney F V1rTY\TJ81236074UNTER AGM 4