HomeMy WebLinkAboutAgreement_General_4/9/2026_Palm Beach County AN AGREEMENT BETWEEN
PALM BEACH COUNTY,FLORIDA
AND THE VILLAGE OF TEQUESTA,
FOR JOINT FUNDING OF DESIGN OF STREETSCAPE IMPROVEMENTS FOR
OLD DIXIE HIGHWAY
THIS AGREEMENT, is made and entered into this day of
2026, by and between Palm Beach County,a political subdivision in the State of Florida,by
and through its Board of County Commissioners("County")and the Village of Tequesta,a
municipal corporation of the State of Florida ("Village") individually (''Party") and
collectively("Parties")
WITNESSETH:
WHEREAS,the Village desires to install streetscape improvements located along Old Dixie
Highway from the intersection of Tequesta Drive North to the south driveway of the Tequesta
Water Treatment Plant (hereinafter, the "Project") and more particularly described in
"EXHIBIT A"of this Agreement;and
WHEREAS, the Project is located along Old Dixie Highway,a County maintained right of
way;and
WHEREAS, the Village agrees to design, permit and construct the Project and County
agrees to participate in joint funding of the design for the Project;and
WHEREAS, Section 163.01 of the Florida Statutes allows governmental units to make the
most efficient use of their powers by enabling them to cooperate with other agencies on a
basis of mutual advantage and thereby provide services and facilities that will harmonize
geography,economy,population and other factors influencing the needs and development of
local communities;and
WHEREAS.the Parties declare the Project to be in the public's best interest;
NOW,THEREFORE, for and in consideration of the mutual covenants contained herein,
the Parties agree as follows:
1. Recitals. The above recitals are true and correct to the best of the knowledge of the
Parties and are incorporated herein by this reference.
2. The purpose of this Agreement is to specify the Parties' respective roles and
obligations regarding design,construction,funding,and maintenance of the Project.
3.COUNTY RESPONSIBILITIES
A. The County agrees to reimburse the Village for fifty,percent(50%)of the design cost
of the Project, up to and not exceeding Thirty-Two Thousand Two Hundred and
Sixty-Nine Dollars ($32,269.00). The current estimated total project design cost is
$64,538.
B. County shall process the Village's right-of-way permit application pursuant to the
County Right-of-Way Ordinance.
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4.VILLAGE RESPONSIBILITIES
A. The Village,at its discretion and solely contingent on obtaining satisfactory funding
assistance, agrees to design, permit and construct the Project. Project shall be
constructed in accordance with all applicable federal, state, and local statutes, rules
and regulations, and standards. The Village shall be responsible for obtaining all
necessary clearances and permits required for the construction of the Project from the
appropriate permitting authorities.Upon completion of the Project,the Village shall
certify to the County in writing that the Project has been completed in accordance
with the applicable standards,statutes,rules and regulations.
B. The Village shall apply for a right-of-way permit,pursuant to the County Right-of-
Way Ordinance as needed.The Village agrees to comply with all Right-of-Way Permit
conditions and requirements.
C. The Village shall not sublet, assign, or transfer any responsibilities under this
Agreement without the prior written consent of the County.
D. The Village shall obtain the County's written approval for any design changes or field
adjustment/modification to the construction of the Project.
E. The Village shall be solely responsible for any costs caused by its own delays, and
delays caused by the Contractor or any dispute that may arise between the Village and
the Contractor,including but not limited to Project delays.
F. The Village shall be solely responsible for, and agrees to prop ide or cause to be
performed,all inspection services during construction of the Project.
G. Upon final acceptance of the Project by the County, the Village shall be solely
responsible for,and agrees to operate and maintain,including repairing and replacing,
the Project in perpetuity and in compliance with the Right-of-Way Permit.
H. In the event Village is unable to obtain satisfactory funding assistance to undertake the
project,Village shall notify the County,the Project shall not proceed,this Agreement
shall terminate,and the Village shall reimburse the County for any or all of the design
funding provided by the County within thirty (30)days of receiving written request
for reimbursement from the County subject to deduction based on the Project costs
incurred as of the date of termination. Said deduction of Project costs incurred shall
be subject to County review and concurrence.
5. PAYMENT
A. The Village shall request reimbursements from the County by submitting to the
County the proper documentation of expenditures consisting of originals of invoices,
receipts, or other evidence of indebtedness, and when original documents cannot be
presented,the Village may furnish copies if deemed acceptable by the County. Each
request for reimbursement submitted by the Village shall be accompanied by a letter
from the Village, provided on the Village letterhead, referencing the name of the
Project, the date of this Agreement and/or its document number, and containing a
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statement requesting the reimbursement and its amount, as well as the name and
signature of the person making the request.
6. TERMINATION AND DEFAULT
A. In the event satisfactory funding cannot be obtained to complete the Project, the
Village shall provide,pursuant to this Section,a notice of Project cancellation to the
County within 15 days of learning that said funding cannot be obtained and this
Agreement shall be terminated.Either Party may terminate this.Agreement via written
notice within thirty(30)days prior to Project commencement,except that the Village
may terminate the.Agreement only after the Village has reimbursed the County for
any and all funding provided by the County subject to deduction based on the Project
costs incurred as of the date of termination. Said deduction of Project costs incurred
shall be subject to County review and concurrence.
B. If during Project construction, the County determines that the Village is not
constructing Project in accordance with the agreed upon design or right of way permit,
the County shall notify the Village of the deficiency in writing with a requirement
that the Village correct the deficiency within a reasonable time but no less than 30
days. However, if the County determines that said deficiency creates an emergency
or condition that is hazardous to the public, said deficiency shall be corrected
immediately. If the Village fails to correct the deficiency within the specified period
of time,County may seek enforcement of the deficiency or this agreement through any
enforcement method available by law.
C. If the County requires termination of the Agreement for reasons other than
unsatisfactory performance by the Village.the County shall notify the Village of such
termination,with instructions as to the effective date of termination or specify the stage
of work at which the Agreement is to be terminated and the Village shall reimburse
the County for any and all funding provided by the County within thirty(30)days of
receiving written request for reimbursement from the County, subject to deduction
based on the Project costs incurred as of the date of termination.
7. GENERAL PROVISIONS
A. Indemnification.The Village shall protect,defend,reimburse,indemnify,and hold the
County,its agents,employees,and elected officers free and harmless from and against
all claims, liability,expenses,losses,costs, fines and damages,or causes of action of
every kind or character, including attorney's fees and costs, whether at trial or
appellate levels or otherwise arising out of, during, or as a result of the Village's
performance of the terms of this Agreement, or due to the acts or omissions of the
Village arising under the performance of the terms of this agreement. The Village's
aforesaid indemnity and hold harmless obligations shall apply to the fullest extent
permitted by law. Notwithstanding the foregoing, nothing set forth in this paragraph
shall constitute a waiver of sovereign immunity beyond the limits set for at Section
768.28, Florida Statutes(2023)(Statute) This paragraph shall survive the expiration
or termination of this Agreement. The Parties to the Agreement and their respective
officers and employees shall not be deemed to assume any liability for the acts,
omission,and negligence of the other Party.Further, nothing in this Agreement shall
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be construed as the Village's consent to be sued.Notwithstanding the foregoing, the
Village's obligation to protect, defend, reimburse, indemnify, and hold harmless the
County,its agents,employees and elected officers shall be limited to the monetary amounts
set forth in the Statute only for those claims to which the monetary amounts in the Statute
apply.
B. Additional Insured. Village agrees to require the Contractor of the Project to cause
County to be an additional insured party on the Contractor's comprehensive general
liability and property damage liability insurance policies for construction of the
Project.
C. Budgetary Conditions. All provisions of this Agreement calling for the expenditure
of money by either Party prior to the time actual construction of the Project begins,are
subject to annual budgetary funding.Each Party's performance and obligation to pay
under this Agreement is contingent upon an annual appropriation by their respective
governing bodies.However,once the County provides its funding for the Project to
the Village,the Village shall prosecute the Project to completion unless the Village
fails to have funding to complete the Project.In that situation,the Village shall return
the funds received from the County subject to deduction based on the Project costs
incurred as of the date of termination. Said deduction of Project costs incurred shall
be subject to County review and concurrence.
D. Notice. Any notice, request, instruction, demand, consent, or other communication
required or permitted to be given under this Agreement shall be in writing(including
facsimile or electronically)and shall be delivered,as elected by the Party, by means
of courier or messenger service, by facsimile or email (followed by mailing of hard
copy by U.S. mail)or by certified mail, postage prepaid, and certified return receipt
requested to the following addresses or such other addresses as the Parties may provide
to each other in writing:
To Village: Village of Tequesta
Attn:Public Works Director
345 Tequesta Drive
Tequesta,FL 33469
To the County: Palm Beach County
Attn:David L.Ricks,County Engineer
Engineering and Public Works Department
P.O.Box 21229
West Palm Beach,FL 33416-1229
E. Legal Fees. The Parties shall bear their own costs or expenses,including reasonable
attorneys fees, associated with the enforcement of the terms and conditions of this
Agreement.
F. Amendments. Except as expressly permitted herein to the contrary,no modification,
amendment or alteration in the terms or conditions contained herein shall be effective
unless agreed to by the Parties in writing and executed in the same manner as was this
Agreement.
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G. Venue. This Agreement shall be construed and governed by the laws of the State of
Florida. Venue for any and all legal action necessary to enforce this Agreement shall
be held in Palm Beach County. No remedy conferred upon either Party by this
Agreement is intended to be exclusive of any other remedy existing at law, in equity
or otherwise. No single or partial exercise by either Party of any right, power or
remedy hereunder shall preclude any other or further exercise thereof.
H. Preparation.Preparation of this Agreement was ajoint effort of the Parties and should
not be construed more severely against one Party than the other.
I. Non-Discrimination.
The County is committed to assuring equal opportunity in the award of contracts and
complies with all laws prohibiting discrimination. Pursuant to Palm Beach County
Resolution R2025-0748,as may be amended,the Consultant warrants and represents
that throughout the term of the Contract,including any renewals thereof,if applicable,
all of its employees are treated equally during employment without regard to race,
color, religion, disability, sex, age, national origin, ancestry, marital status, familial
status,sexual orientation,or genetic information.Failure to meet this requirement shall
be considered default of the Contract.
As a condition of entering into this Agreement,the Village represents and warrants
that it will comply with the County's Commercial Nondiscrimination Policy as
described in Resolution R2025-0748, as amended. As part of such compliance, the
Village shall not discriminate on the basis of race, color, national origin, religion,
ancestry, sex, age, marital status, familial status, sexual orientation, disability, or
genetic information in the solicitation, selection, hiring or commercial treatment of
contractors, vendors, suppliers, or commercial customers, nor shall the Village
retaliate against any person for reporting instances of such discrimination. The Village
shall provide equal opportunity for contractors,vendors and suppliers to participate in
all of its public sector and private sector contracting and supply opportunities,
provided that nothing contained in this clause shall prohibit or limit otherwise lawful
efforts to remedy the effects of marketplace discrimination that have occurred or are
occurring in the County's relevant marketplace in Palm Beach County. The Village
understands and agrees that a material violation of this clause shall be considered a
material breach of this Agreement and may result in termination of this Agreement.
This clause is not enforceable by or for the benefit of,and creates no obligation to,any
third party.Village shall include this language in its contracts.
J. Severability. In the event any provision hereof is held invalid by a court of competent
jurisdiction, the remaining portions of the Agreement shall remain in full force and
effect.
K. Entire Understanding. This Agreement represents the entire understanding of the
Parties and supersedes all other negotiations,representations or written or oral,relating
to this Agreement.
L. Inspector General. The County has established the Office of the Inspector General in
Palm Beach County Code, Section 2-421 -2-440,as may be amended.The Inspector
General's authority includes but is not limited to the power to review past,present and
proposed County contracts, transactions, accounts and records, to require the
production of records,and to audit, investigate,monitor,and inspect the activities of
Village, its officers, agents.employees, and lobbyists in order to ensure compliance
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with contract requirements and detect corruption and fraud.Failure to cooperate with
the Inspector General or interfering with or impeding any investigation shall be in
violation of Palm Beach County Code,Section 2-421 -2-440,and punished pursuant
to Section 125.69, Florida Statutes, in the same manner as a second degree
misdemeanor.
M. Records. The County and Village shall maintain books, records, and documents to
justify all charges,expenses and costs incurred or paid by them under this Agreement
in performance of the term of this Agreement,in accordance with Generally Accepted
Accounting Principles(GAAP),as promulgated by the Government Finance Officers
Association from time to time. The County and Village shall have access to all books,
records,and documents as required in this Agreement,and for at least five(5)years
after completion of the Project.
Notwithstanding anything contained herein,as provided under Section 119.0701,F.S.,
if the Village:(i)provides a service;and(ii)acts on behalf of the County as provided
under Section 119.011(2) F.S., the Village shall comply with the requirements of
Section 119.0701, Florida Statutes, as it may be amended from time to time. The
Village is specifically required to:
a. Keep and maintain public records required by the County to perform services
as provided under this Agreement.
b. Upon request from the County's Custodian of Public Records, provide the
County with a copy of the requested records or allow the records to be
inspected or copied within a reasonable time at a cost that does not exceed the
cost provided in Chapter 119 or as otherwise provided by law. The Village
further agrees that all fees, charges and expenses shall be determined in
accordance with Palm Beach County PPM CW-F-002,Fees Associated with
Public Records Requests,as it may be amended or replaced from time to time.
C. Ensure that public records that are exempt,or confidential and exempt from
public records disclosure requirements are not disclosed except as authorized
by law for the duration of the contract term and following completion of the
Agreement, if the Consultant does not transfer the records to the public
agency.
d. Upon completion of the Agreement, the Village shall transfer, at no cost to
the County,all public records in possession of the Village unless notified by
County's representative/liaison, on behalf of the County's Custodian of
Public Records,to keep and maintain public records required by the County
to perform the service.If the Village transfers all public records to the County
upon completion of the Contract, the Village shall destroy any duplicate
public records that are exempt, or confidential and exempt from public
records disclosure requirements. If the Village keeps and maintains public
records upon completion of the Contract,the Village shall meet all applicable
requirements for retaining public records.All records stored electronically by
the Village must be provided to County, upon request of the County's
Custodian of Public Records, in a format that is compatible with the
information technology systems of County,at no cost to County.
e. Failure of the Village to comply with the requirements of this section shall be
a material breach of this Agreement.County shall have the right to exercise
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any and all remedies available to it, including but not limited to,the right to
terminate for cause.Village acknowledges that it has familiarized itself with
the requirements of Chapter 119, F.S., and other requirements of state law
applicable to public records not specifically set forth herein.
IF THE VILLAGE HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO
THE VILLAGE'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS AGREEMENT, PLEASE CONTACT THE
CUSTODIAN OF PUBLIC RECORDS AT RECORDS REQUEST,
PALM BEACH COUNTY PUBLIC AFFAIRS DEPARTMENT,301
N.OLIVE AVENUE,WEST PALM BEACH,FL 33401,BY E-MAIL
AT RECORDSREQUEST(&PBCGOV.ORG OR BY TELEPHONE
AT 561-355-6680
N. Contractual Relationship. County and Village are and shall be, in the
performance of all work, services and activities under this Agreement independent
contractors and not employees, agents or servants of the other Party. All County
employees engaged in the work or services performed pursuant to this Agreement shall
at all times,and in all places,be subject to County's sole direction, supervision,and
control. All Village employees engaged in the work or services performed pursuant
to this Agreement shall at all times, and in all places, be subject to Village's sole
direction,supervision,and control. The Parties shall exercise control over the means
and manner in which it and its employees perform the work, and in all respects the
Parties' relationship and the relationship of its employees to the other Party shall be
that of an independent contractor and not as employees or agents of the other. The
County and Village do not have the power or authority to bind each other in any
promise, agreement or representation without the prior written consent of the other
Party.
O. Required Consultants/Personnel. Village represents that it has, or will secure, all
necessary personnel required to perform the Project services required of it under this
Agreement. Such personnel shall not be agents,employees of or have any contractual
relationship with the County. All of the Village services required herein under shall
be performed by Village or its consultants and contractors, with any such personnel
engaged in performing such services to be fully qualified and,if required,authorized,
licensed or permitted under State and local law to perform such services.
P. Waiver. Any waiver by either Party of its rights with respect to a default under this
Agreement, or with respect to any other matters arising in connection with this
Agreement, shall not be deemed a waiver with respect to any subsequent default or
other matter. The failure of either Party to enforce strict performance by the other
Party of any of the provisions of this Agreement or to exercise any rights under this
Agreement shall not be construed as a waiver or relinquishment to any extent of such
Party's right to assert or rely upon any such provisions or rights in that or any other
instance.
Q. Legal Compliance. County and Village shall abide by all applicable federal, State
and local laws,orders,rules and regulations when performing under this Agreement.
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County and Village further agree to the inclusion of this provision in all subcontracts
issued as a result of this Agreement.
R. Waiver of Jury Trial.The Parties hereby waive any rights either of them may have to
a jury trial in any litigation arising out of or related to this Agreement and agree that
they shall not elect a trial by jury.The Parties hereto have separately,knowingly and
voluntarily given this waiver of right to trial by jury with the benefit of competent legal
counsel.
S. Convicted Vendor List.As provided in Sections 287.132-133,Florida Statutes,as may
be amended from time to time, by entering into this Agreement or performing any
work in furtherance hereof,Village shall have its contractor certify that their affiliates,
suppliers and sub-consultants who will perform hereunder, have not been placed on
the convicted vendor list maintained by the State of Florida Department of
Management Services within thirty-six (36) months immediately preceding the date
hereof.
T. Scrutinized Companies.As provided in F.S.287.135,by entering into this Agreement
or performing any work in furtherance hereof,the Village certifies that it,its affiliates,
contractors, suppliers, subcontractors and consultants who will perform hereunder,
have not been placed on the Scrutinized Companies that boycott Israel List, or is
engaged in a boycott of Israel,pursuant to F.S.215.4725.
U. Third Party Beneficiaries. No provision of this Agreement is intended to,or shall be
construed to,create any third party beneficiary or to provide any rights to any person
or entity not a party to this Agreement, including but not limited to any citizen or
employees of the County and/or the Municipality.
V. Survivability.The obligations,rights,and remedies of the Parties hereunder,which by
their nature are intended to survive the termination of this Agreement or the
completion of the Project,shall survive such termination or Project completion and
inure to the benefit of the Parties.
W. Effective Date.This Agreement shall be effective and binding upon the Parties hereto
once the Agreement has been signed by both Parties and filed with the Clerk of the
Court in and for Palm Beach County,Florida.
IN WITNESS WHEREOF,the Parties hereto have set their hands and seals on the
day and date first written above.
Village of Tequesta BOARD OF COUNTY COMMISSIONERS
By: By:
Molly Young, r Sara Baxter,Mayor
ATTEST: ATTEST:
8
FmTF �'"/'''' Mike Caruso, Clerk of the Circuit Court &
ORComptroller
r SEAL `By:.` By:
't INCORPORATED.,oil McWilliams,Village Clerk (Deputy Clerk)
vo
4
,,U1111,,,»,»
APPROVED AS F RM APPROVED AS TO FORM
AND LEG CI NCY AND LEGAL SUFFICIENCY
By: By:
Dav' , ill e Att ey Yelizaveta B.Herman,
Assistant County Attorney
APPROVED AS TO TERMS
AND CONDITIONS
By:
Joanne M.Keller,P.E.
Deputy County Engineer
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PUBLIC RECORDS. In accordance with Sec. 119.0701, Florida Statutes, CONTRACTOR must keep
and maintain this Agreement and any other records associated therewith and that are associated
with the performance of the work described in the Proposal or Bid. Upon request from the
Village's custodian of public records, CONTRACTOR must provide the Village with copies of
requested records, or allow such records to be inspected or copied, within a reasonable time in
accordance with access and cost requirements of Chapter 119, Florida Statutes. A CONTRACTOR
who fails to provide the public records to the Village, or fails to make them available for
inspection or copying, within a reasonable time may be subject to attorney's fees and costs
pursuant to Sec. 119.0701, Florida Statutes, and other penalties under Sec. 119.10, Florida
Statutes. Further, CONTRACTOR shall ensure that any exempt or confidential records associated
with this Agreement or associated with the performance of the work described in the Proposal
or Bid are not disclosed except as authorized by law for the duration of the Agreement term, and
following completion of the Agreement if the CONTRACTOR does not transfer the records to the
Village. Finally, upon completion of the Agreement, CONTRACTOR shall transfer, at no cost to
the Village, all public records in possession of the CONTRACTOR, or keep and maintain public
records required by the Village. If the CONTRACTOR transfers all public records to the Village
upon completion of the Agreement, the CONTRACTOR shall destroy any duplicate public records
that are exempt or confidential and exempt from public records disclosure requirements. If the
CONTRACTOR keeps and maintains public records upon completion of the Agreement, the
CONTRACTOR shall meet all applicable requirements for retaining public records. Records that
are stored electronically must be provided to the VILLAGE, upon request from the Village's
custodian of public records, in a format that is compatible with the Village's information
technology systems.
IF CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER
119, FLORIDA STATUTES, TO CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS AGREEMENT, PLEASE CONTACT THE VILLAGE CLERK, RECORDS
CUSTODIAN FOR THE VILLAGE, AT (561) 768-0440, OR AT
Imcwilliams@tequesta.org, OR AT 345 TEQUESTA DRIVE, TEQUESTA, FLORIDA
33469.
Pursuant to Article XII of the Palm Beach County Charter, the Office of the Inspector General has
jurisdiction to investigate municipal matters, review and audit municipal contracts and other
transactions, and make reports and recommendations to municipal governing bodies based on
such audits, reviews, or investigations. All parties doing business with the Village shall fully
cooperate with the inspector general in the exercise of the inspector general's functions,
authority, and power. The inspector general has the power to take sworn statements, require
the production of records, and to audit, monitor, investigate and inspect the activities of the
Village, as well as contractors and lobbyists of the Village in order to detect, deter, prevent, and
eradicate fraud, waste, mismanagement, misconduct, and abuses.
"The Village of Tequesta strives to be an inclusive environment. As such, it is the Village's policy
to comply with the requirements of Title II of the American with Disabilities Act of 1990 ("ADA")
by ensuring that the Contractor's [ agreement/bid documents and specifications ] are accessible
to individuals with disabilities. To comply with the ADA, the Contractor shall provide a written
statement indicating that all [ agreement /bid documents and specifications], from Contractor,
including files, images, graphics, text, audio, video, and multimedia, shall be provided in a format
that ultimately conforms to the Level AA Success Criteria and Conformance Requirements of the
Web Content Accessibility Guidelines 2.0 (Dec. 11, 2008) ("WCAG 2.0 Level AA"), published by
the World Wide Web Consortium ("WK"), Web Accessibility Initiative ("WAI"), available at
www.w3.org/TR/WCAG/."
E-Verify Affidavit
Bid/Proposal Number:
Project Description:
In accordance with Section 448.095, F.S., Contractor acknowledges and agrees to utilize the U.S.
Department of Homeland Security's E-Verify System to verify the employment eligibility of:
1. All persons employed by the Contractor to perform employment duties within Florida during
the term of the contract; and
2. All persons (including SUBCONTRACTORS) assigned by the Contractor to perform work
pursuant to the contract. The Contractor acknowledges and agrees that use of the U.S.
Department of Homeland Security's E-Verify System during the term of the contract is a
condition of the contract with the Village of Tequesta.
Contractor further agrees to retain sufficient evidence of their enrollment in the E-Verify System and
provide such evidence to the Village of Tequesta upon request. Sufficient evidence shall consist of a
printed copy of the completed E-Verify Company Profile page, obtained from hLtps://www.e-
verify.gov.
Contractor also agrees to obtain from each of its subcontractors/subconsultants an affidavit stating that
the subcontractor/subconsultant does not employ, contract with, or subcontract with an Unauthorized
Alien, as that term is defined in Section 448.095(l)(k), F.S. Contractor further agrees to maintain a
copy of any such affidavit from a subcontractor/subconsultant for, at a minimum, the duration of the
subcontract and any extension thereof.
By affixing your signature below, you hereby affirm that you will comply with all E-Verify
requirements.
Company name Federal Employer Identification No.
Signature Date
Print Name Title
STATE OF FLORIDA
PALM BEACH COUNTY
Sworn and subscribed before me by means of❑physical presence or ❑online notarization on this day
of ,20 by ,who is personally known to me or has produced
as identification and who did/did not take an oath, in the state and county
first mentioned above.
Notary Public (affix seal)
My Commission Expires:
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