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HomeMy WebLinkAboutAgreement_Interlocal_12/09/2004 C] ~tiACN c oG~ ~'LOR19A Department of Engineering and Public Works P.O. Box 21229 - Wes[ Palm Beach. FL 33416-1229 (561) 684-4000 www.pbcgov.com ^ Palm Beach County Board of County Commissioners Tony Masilotti, Chairman Addle L. Greene, Vice Chairperson Karen T. Marcus Jeff Koons Warren H. Newell Mary McCarty Bur[ Aaronson Rece(ved FEB 16 2i~ Village Nigr's Off February 10, 2005 Michael R. Couzzo, Jr., Village Manager Villagge of Tequesta 250 Te uesta Drive Tequesta, FL 33469 RE: Financial Assistance Agreement (R2005-0207) with the Village of Tequesta, Tequesta Drive and Old Dixie Highway - Beautificatron. Dear Mr. Couzzo: Included for the Village's records is one-(1) original of the Agreement that the Board of Coun{~ Commissioners executetlo on February 1, 2005. Please forward this Agreement to the erson within your organization who Is responsible for marntarning such recordps. . Please note the Village will need to have all work completed (and ins ected) by the dates stated in the agreement and also submit a payment request along with supporting. documentation) by that date. Supporting documenta Ion, at a minimum, Includes: 1. Checks. Copies of completed and signed checks (front only nee a to vendors, suppliers, etc. 2. Invoices. Copies of invoices which detail the material/labor prove e, . Invoices for dollar amounts only without additional supporting detailed documents are not sufficient. 3. In-Kind Labor/Materials. Internal documents such as job sheets, payro recur s, a c. need to be provrded. It is suggested that you or someone in your orgganization maintain an on-going file of these documents to assist you at paymen request time. Your efforts to enhance the quality of life in Palm Beach County are appreciated. If you have any questions, please contact me or Jason Weber at 684-4100. NEER • County Administrator Robert Weisman 'An Equal Oppmtunify AjJtirmff[ive Action Employer' prhuetl on fecyUed paper ~. Hertel, AICP - Streetscaoe Section Attachments: One original of the Agreement (R2005-0207). PC: (Letter only) G. Haney Frakes, Jr., P.E., Assistant County Engineer File: Municipalities -Tequesta F:1MedianUTV1~COMMFUNDSO4-OSWGR-LTR-TEQUESTA OLD-DIXIE R2005~0207 -: VILLAGE OF T8QV88TA - TSQUSBTA DAIVB AND OLD DIXIE 8IO8NAY TRAFFIC SIONALB AND BSADTIFICATION • i FINANCIAL ASSISTANCE AGREEMENT FOR VILLAGE OF TEQUESTA 2 TEQUESTA DRIVE AND OLD DIXIE IiIGHWAY BEAUTIFICATION 3 THIS INTER-LOCAL AGREEMENT is made and:entered into this day of 4 FEB O 1 20E5 ~ 200_, by and between the VILLAGE OF TEQUESTA, a municipal '}~} I, 5 corporation of the State of Florida, hereinafter "VILLAGE", and PALM BEACH j 6 COUNTY, a political subdivision of the State of Florida, hereinafter "COUNTY". 7 s WITNESSETH: 9 WHEREAS, VILLAGE is undertaking the installation of improvements, i o !~ including, but not limited to, traffic signals and beautification in and along the rights i i of way in the vicinity of the intersection of Tequesta Drive and Old Dixie Highway, 12 hereinafter "IMPROVEMENTS"; and i3 WHEREAS, COUNTY believes that such efforts by VILLAGE serve a public i4 purpose in the enhancement of the appearance of these thoroughfares and wishes 15 ;' to support VILLAGE'S efforts to install .the IMPROVEMENTS by providing i6 reimbursement funding from Board of County Commissioners District 1 • 17 Discretionary Fund for Improvements in an amount not to exceed TWO HUNDRED is ;THOUSAND AND 001100 DOLLARS ($200,000.00); and i9 WHEREAS, after installation, VILLAGE will be responsible for the perpetual 20 ,maintenance of the IMPROVEMENTS; and 2 i NOW, THEREFORE, in consideration of the mutual covenants, promises, and 22 agreements herein contained, the parties agree as follows: 23 1. The above recitals are true, correct and are incorporated herein. 24 2. COUNTY agrees to provide to VILLAGE reimbursement funding for 25 .documented costs for the IMPROVEMENTS from Commission District 1 2 s Discretionary Funds for Improvements in an amount not to exceed TWO HUNDRED 27 • THOUSAND AND 001100 DOLLARS ($200,000.00). -1- ~; VILLAOS OF T8QDS3TA - TBQUS3TA DRIVE AND OLD DISI8 HIORNAY TRAFFIC BIONAL3 AND HBAOTIFIGTSON i 3. COUNTY agrees to reimburse VILLAGE the amount established in 2 paragraph 2 for costs (materials and labor) associated with installation of the 3 .IMPROVEMENTS, upon VILLAGE'S submission of acceptable documentation needed 4 to substantiate their costs for the IMPROVEMENTS. COUNTY will use its best efforts s to provide said funds to VILLAGE on a reimbursement basis within forty-five (45) s days of receipt of all information required in Paragraph 6, below. ~ 4. The COUNTY'S obligation and performance under this Agreement a is contingent upon an annual budgetary appropriation necessary to fund its 9 obligations established herein. COUNTY's obligation is limited to its payment i o 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 ofthe IMPROVEMENTS, i 3 including payment(s) to contractor(s), pursuant to all applicable governmental laws i4 ; and regulations and will complywith all applicable govemmental landscaping codes i s ;and permitting requirements in the selection and installation ofthe IMPROVEMENTS, 15 6. VILLAGE will obtain or provide all.labor and materials associated with i ~ ;the installation of the IMPROVEMENTS. COUNTY shay have the final determination is `' of eligibility for reimbursement. VILLAGE shall furnish the Manager, Streetscape i 9 .Section, of COUNTY'S Department of Engineering and Public Works with a request 20 for payment supported by the following: ' 2 i a.~ A statement from a Florida Registered Landscape Architect, or as 22 appropriate a Florida Registered Engineer, that the IMPROVEMENTS 23 have been inspected and were installed substantially on accordance 24 with the COUNTY approved plans for the IMPROVEMENTS, and; • -2- S • • ~~ L_ J ii VILLAOH OF TSQUBSTA - THQURSTA DRIVE AND OLD DI]CIH HIOHNAY TRAFFIC 9IQNAL9 AND HSAVTIFICATION 1 b. A Contract Payment Request Form and a Contractual Services 2 Purchases Schedule Form, attached hereto and incorporated herein as 3 Exhibit "A" (pages 1 and 2) which are required for each and every 4 reimbursement requested by VILLAGE. Said information shall list each 5 invoice payable by VILLAGE and shall include the vendor invoice s number, invoice date, and the amount payable by VILLAGE. VILLAGE , ~ shall attach a copy of each vendor invoice paid by VILLAGE along with e a copy of the respective check and shall make reference thereof to the 9 applicable item listed on the Contractual Services Purchases Schedule io Form. Further, the Program Administrator and the Program Financial 11 Officerfor VILLAGE shall also certifythat~each vendor invoice listed on 12 the Contractual Services Purchases Schedule Form was paid by 13 ~ VILLAGE as indicated. i4 7. VILLAGE shall maintain adequate records to justify all charges, 15 ;, expenses, and costs incurred in performing the IMPROVEMENTS for at least three i s (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 18 inspection or audit during normal business hours. i 9 8. VILLAGE agrees to be responsible for the perpetual maintenance of the 20 =` IMPROVEMENTS following the installation and shall be solely responsible for 2 i obtaining and complying with aH necessary permits, approvals, and authorizations 22 from any federal, state, regional, or COUNTY agency which are required for the 23 subsequent maintenance of the IMPROVEMENTS. 24 9. All installation of these IMPROVEMENTS shall be completed and-final 2 5 invoices submitted to COUNTY no later than December 31, 2006, and COUNTY shall 25 ~'~ have no obligation to VILLAGE or any other entity or person for any cost incurred s 27 thereafter unless the time for completion is' extended by modification of this 2 a Agreement $s provided herein. ` -3- ', VILLAOH OF THQUH3TA - THQVHSTA DRIVE AND OLD DIRIS HIONNAY TRAFFIC BIONAL9 AND BHAVTZFIGTION . i 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 ~ .defend said persons from any such claims, liabilities, causes of action and a 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 io ~~ this Agreement. VILLAGE, to the extent permitted by law, agrees to pay all costs, i 1 attorney's fees and expenses incurred by COUNTY, its officers, employees, servants 12 it or agents in connection with such claims, liabilities. or suits except as may be 13 incurred due to the negligence of COUNTY. 14 11. VILLAGE shall, at all times during the term of this Agreement (the • i 5 installation and existence of the IMPROVEMENTS), maintain in force its status as an 16 'insured municipal corporation. i~ 12. As provided in ~.S. 287.132-133, by entering into this Agreement or ie performing any work in furtherance hereof, VILLAGE certifies that its affiliates, i 9 suppliers,. sub-contractors, and consultants who perform work hereunder, have-not 20 been placed on the convicted vendor list maintained by the State of Florida 2 i Department of Management Services within 36 months immediately preceding, the 22 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 25 26 • associated with this Agreement to maintain: a. Workers' Compensation coverage in accordance with Florida Statutes, and; -4- ,'. VILLAOS OF T8QU8STA - T8QU8STA DRIVB AND OLD DIXIS HIOHNAY TRAFFIC SIONALB AND BBADTIFICATION • 1 b. Commercial General Liability coverage, including vehicle coverage, 2 in combined single limits of not less than ONE MILLION AND 00/100 3 ~ ~ DOLLARS ($1,000,000.00). COUNTY shall be included in the coverage 4 as an additional insured. 5 c. A payment and performance bond for the total amount of the 6 improvements in accordance with Florida Statute 255.05. ~ 14. In the event of termination, VILLAGE shall not be relieved of liability to a COUNTY for damages sustained by COUNTY by virtue of any breach of the contract 9 by VILLAGE; and COUNTY may withhold any payment to VILLAGE for the purpose io of set-off until such time as the exact amount of damages due COUNTY is i i determined. In the event VILLAGE elects to discontinue its maintenance obligation 12 for the IMPROVEMENTS under this Agreement, it shall be the obligation of VILLAGE i 3 to restore, if necessary, the area of the IMPROVEMENTS on COUNTY'S right-of-way i4 to a condition acceptable to COUNTY Engineer, which shall be in accordance with • i 5 Federal, State and COUNTY standards for road construction and/or maintenance. In 16 the event VILLAGE fails to restore the area of the IMPROVEMENTS to a condition i~ acceptable to COUNTY Engineer, COUNTY may undertake such restoration and i a ~ VILLAGE shall be liable for the costs of such restoration. i 9 ~; 15. VILLAGE's termination of this AGREEMENT shall result aN obligations 2 0 of COUNTY for funding contemplated herein to be canceled. 21 16. COUNTY and VILLAGE agree that no person shall, on the grounds of 22 race, color, national origin, sexual orientation, religion or creed, sex, age, or 23 ~ handicap be discriminated against in performance of the Agreement.. 24 17. COUNTY may, at COUNTY'S discretion and- for the duration of 2 5 IMPROVEMENTS, install signs within the public property or easement, notifying the 26 public that the IMPROVEMENTS were funded with COUNTY dollars. • -5- VILLAGB OF T8QU88TA - T8QII8STA DRIVE AND OLD DIEIB HIGHWAY TRAFFIC BIGNALB AND B8AVTIFICATION • 1 18. In the event that any section, paragraph, sentence, clause, orprovision z hereof is held invalid by a court of competent jurisdiction, such holding shall not 3 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 s writing, and deemed sufficient to each party when sent by United States Mail, ~ ;postage prepaid, to the following: e AS TO COUNTY 9 Manager, Streetscape Section io Paim Beach County Department of i i Engineering and Public Works 1 z Post Office Box 21229 13 ~ West Palm Beach, Florida 33416-1229 i4 AS TO VILLAGE i 5 Village Manager 15 Village of Tequesta i~ 250 Tequesta Drive ` 1 s Tequesta , FL 33469 • i 9 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 z i be held in Palm Beach County. No remedy herein conferred upon any party is 2 2 ~ intended to be exclusive of any other remedy, and each and every other remedy shall 2 3 be cumulative and shall be in addition to every other remedy given hereunder or-now z4 or hereafter existing at law or in equity or by statute or otherwise. No single or 2 s partial exercise by any party of any right, power, or remedy shall preclude any other 2 6 or further exercise thereof. 27 21. Any costs or expenses (including reasonable attorney's fees) 2 8 ;!, associated with the enforcement of the terms and conditions of this Agreement 2 9 shall be borne bythe respective parties; provided, however, that this clause pertains 3 0 only to the parties to the Agreement. -6- • • CJ +; VILLAOR OF T8QU89TA - TSQV&STA DRIVH AND OLD DIXIH HIOHNAY TRAFFIC SIONALB AND 88AUTIFICATION i 22. Except as expressly permitted herein to the contrary, no modification, 2 amendment, or alteration in the terms or conditions contained herein shall be s effective unless contained in a written document executed with the same formality 4 and equality of dignity herewith. s 23. Each party agrees to abide by all laws, orders, rules and regulations and 6 i VILLAGE will comply with all applicable governmental landscaping codes in the ~ ;maintenance and replacement of the IMPROVEMENTS. s 24. The parties to this Agreement shalt not be deemed to assume any 9 .liability for the negligent or wrongful acts, or omissions of the other party (or io parties). Nothing contained herein shall be construed as a waiver, by any of the ii .parties, of the liability limits established in Section 768.28, Florida Statutes. 12 25. VILLAGE shall promptly notify COUNTY of any lawsuit-related 13 'complaint, or cause of action threatened or commenced against it which arises out i4 of or relates, in any manner, to the performance of this Agreement. 15 26. The parties expressly covenant and agree that in the event any of the 15 ~ parties is in default of its obligations under this Agreement, the parties not in default 1 ~ shall provide to the defaulting party thirty (30) days written notice before exercising ].s any of their rights. i 9 27. .The preparation of this Agreement has been a joint effort of the parties,, 2 o and the resulting document shall not, solely as a matter of judicial constraint, be 2 i .construed more severely against one of the parties than the other. z 2 28. This Agreement represents the entire understanding among the parties, z 3 .and supersedes all other negotiations, representations, oragreements, eitherwritten 24 or oral, relating to this Agreement. ' zs 29. 'A copy of this Agreement shall be filed with the Clerk of-the Circuit 26 Court in and for Palm Beach County, Florida. 2 ~ 30. This Agreement shall take affect upon execution and the effective date z s shall be the date of execution. -~- ti • • VILLA68 OP T8QO83TA - T8QVE9TA DRIVH AND OLD DI%I8 HIGHWAY TRAFFIC BIONALB AND 88ADTIFICATION 1 IN WITNESS WHEREOF, the parties have executed this Agreement and it is 2 effective on the date first above written. 3 ``~~~~ ~~~~~~r,I.AGE OF TEQUESTA, 4 VILLAGE SEAL .?,~vP~Op~POT~QG~''. ( ) ~ „, v Rqj~ ~N ~ VILLAGE OF TEQUESTA, 5 =~: SEAL 9g BY ITS VILLAGE COUNCIL p ~~NCORPp{~Dt 5 ATTEST: s~~.:'~ ~ ~~ ''~~f9~FOF FLOQ`~©~`` ~x / , innu~ !} , s ': VILLAGE CLERK MAYOR 9 :APPROVED AS TO FORM AND LEGAL SUFFICIENCY n t o By: ~ ~ '" -. ~ ~.--• R .2 0 0 5 0 2 0 7 11 VILLAG ATTORNEY lz FEB Ot ~ 13 PALM BEACH COUNTY 14 15 (COUNTY SEAL) PALM BEACH COUNTY, FLORIDA, BY ITS 16 BOARD OF COUNTY COMMISSIONERS 17 ATTEST: vNT Y V0 .... 18 Sharon R. Bock Y3et`~c '~' '"' ° U~iTY ~~ 0~• ~ , (LORI ~~~' 19 B By: 20 DEPUTY C'' n •..*.... ~_ ~,~ Tony Mas ti , CH 21 APPROVED AS TO FORM AND LEGAL SUFFICIENCY' 22 By: ~~ ,~ ~ ~~~~ ~..,~. 23 ASSISTANT CO_UN ATTORNEY i~f+ 24 APPROVED AS TO TERMS AND CONDITIONS ~i 2 5 By: 2 6 ASH1MedIan~2005AGMTS1Tequeate110504 ' -S- PALM BEACH COUNTY Exhibit A ENGINEERING & PUBLIC WORKS DEPARTMENT CONTRACT PAYMENT REQUEST • (Project) Grantee Request Date Billing # Billing Period 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. able for audit upon rcquest. • Administrator/Date FinancialOfficer/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: PROJECT PAYMENT SUMMARY Project Costs Cumulative This Billing Project Costs PBC Project Administrator/Date 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- ($ ) ($ Assistant County Engineer or Fiscal Manager/Date Page 1 of 2 ~~ PALM BEACH COUNTY ENGINEERING & PUBLIC WORKS DEPARTMENT CONTRACTUAL SERVICES PURCHASE SCHEDULE (Project) Grantee Billing Date Billing # Billing Period Contractor Name Contractor Invoice Number and date City Check or Project Voucher Number Amount Paid General and date this period Description TOTAL Certification: I hereby certify that bid tabulations, executed contraM cancelled checks, and other purchasing documentation have been maintained as required to support the costs reported above and are available for audit upon request. Financial Officer/Date Certification: I hereby certify that the purchase(s) noted above were used in accomplishing the project. Administrator/Date Page 2 of 2