HomeMy WebLinkAboutDocumentation_Regular_Tab 21_02/16/2006 VILLAGE OF TEQUESTA
MEETING AGENDA ROUTING SHEET
MEETING DATE: February 16, 2006
REQUESTED ACTION: Council to accept the award of the Palm Beach County
Thoroughfare Beautification Grant
RESOLUTION OR ORDINANCE NUIVIBER: 48-OS/06
ORIGINATING DEPARTMENT: Public Works
DEPARTMENT HEAD APPROVAL j ���--(� ��-"��
FUNDING SOURCE: 2005/2006 BUDGET
ACCOITNT NUMBER: 303-390-663.675
CURRENT BUDGETED AMOUNT AVAILABLE: $ 358,300.29
AMOUNT OF THIS ITEM: $23,300.00
BUDGETED: Yes
BUDGET TRANSFER REQLTIRED: No
APPROPRIATE FUND BALANCE: No
SUMMARY:
When the Village originally approved the Capital Improvement Project known as the
Tequesta Drive/Old Dixie Highway beautification and Linear Park extension, it was
agreed upon to make application far a Palm Beach County Thoroughfare Beautification
Grant. The intent was to add an additional funding source to the already existing
$335,000.00 granted from Palm Beach County Commissioner Karen Marcus. The
Village did apply for the allowable amount to fund a portion of the proposed landscaping
along the Linear Park. The grant has been awarded in the amount of $23,300. This a
fifty percent (50%) matching grant and the Village's portion will be derived from the
existing proj ect funds.
Piggyback Contract Name and number:
Or
Competitive Bid for anything over $1,000-Attach 3 Bids
APPROVALS: __
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FINANCE DIRECTOR '� ;' 'i�,� —�� � �
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VILLAGE MANAGER �---�y �'
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VILLAGE ATTORNEY (if Needed) Yes No
INTEROFFICE MEMORANDUM
TO: VILLAGE MAYOR t1ND COUNCIL
FROM: R. GARLO, ASSISTANT MANAGER /_` �-�°•'" J
SUBJECT: T�;QUEST'A LINEt1R PARK
DATE: 1 /25/O6
CC: VILLAGE NLANAGER
When the Village originally approved the Capital Improvement Project known as the
Tequesta Drive/Old Dixie F-Iighway beaurificarion and Linear Park extension, it was agreed
upon to make application for a Palm Beach County Thoroughfare Beautification Grant. The
intent was to add an additional funding source to the already existing �335,000.00 granted
from Palm Beach County Commissioner Karen Marcus. The Village did apply for the
allowable amount to fund a portion of the proposed landscaping along the Linear Park. The
grant has been awarded in the amount of $23,300. This a fifty percent (50%) matching grant
and the Village's portion will be derived from the existing project funds.
RESOLUTION NO. 48-05/06
A RESOLUTION OF THE VILLAGE COUNCIL OF THE
VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA,
APPROVING A FINANCIAL. ASSISTANCE AGREEMENT
BETWEEN THE VILLAGE OF TEQUESTA AND PALM BEACH
COUNTY FOR BEAUTIFICATION IMPROVEMENTS IN AND
ALONG OLD DIXIE HIGHWAY FROM TEQUESTA DRIVE TO
900 FEET SOUTH OF COUNTY LINE ROAD THROUGH WHICH
THE COUNTY WILL PROVIDE FINANCIAL ASSISTANCE IN
THE AMOUNT OF $23�300 (50°lo OF THE TOTAL COST} TO THE
VILLAGE FOR IMPROVEMENTS TO OLD DIXIE HTGHWAY
RIGHT OF WAY.
WHEREAS, the Village desires to install beautification in and along Old Dixie
Highway from Tequesta Drive to 900' south of County Line Road; and
WHEREAS, the Village applied for this County funded grant through Keep Palm
Beach County Beautiful, Inc.; and
WHEREAS, the Board of County Commissioners approved a grant allocation of
$23,300 (50°10 of the total cost) to the Village; and
WHEREAS, the Village wishes to accept the support of Palm Beach Coanty and the
conditions as specified in the Financial Assistance Agreement, attached as "Exhibit
A"; and
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF
THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AS
FOLLOWS:
Section 1: T'he Financial Assistance Agreement between Palm Beach County and the
Village of Tequesta for improvements to Old Dixie Highway from Tequesta Drive to 900
feet south of County Line Road as specified in, attached hereto as "Exhibit A," is hereby
approved.
THE FOREGOING RESOLUTION WAS OFFERED BY Councilmember
who moved its adoption. The motion was seconded by Councilmember
and upon being put to vote, the vote was as follows:
FOR ADOPTION AGAINST ADOPTION
The Mayor thereupon declared the Resolution duly passed and adopted this 16�` day of February,
A.D., 2006.
Jim Humpage, Mayor
ATTEST:
Gwen Carlisle
Village Clerk
-��VILLAGE OF TEQUESTA - OLD DIXIE HIGHWAY FROM TEQUE6TA DRIVE TO 900 F&ET SOUTH OF COUNTY LIN&
�'ROAD B&AUTIFICATION
1; FINANCIAL ASSISTANCE AGREEMENT WI7H ViLIAGE OF TEQIfESTA FOR `�
2': BEAUTIFICA710N IN AND ALONG THE COUNTY'S RIGHT OF WAY FOR OLD DIXIE ;
3 HIGHWAY !
4;; THIS INTER-LOCAL AGREEMENT, is made and entered into this day of !
5'; , 2006, by and between VILLAGE OF TEQUESTA, a municipal �
5;: corporation of the State of Florida, hereinafter "VILLAGE", and PALM BEACH I
�': 4 COUNTY, a political subdivision of the State of Florida, hereinafter "COUNTY". ;
WITNESSETH: �
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g`; WHEREAS, VIL4AGE desires to install beautification in and afong Old Dixie ':
10 ; Highway from Tequesta Drive to 900' south of County Line Road , hereinafter �
1 i ' 1 : IMPROVEMENTS' ; �,
12 .� WHEREAS, VILLAGE applied for this County funded grant through Keep Palm i
13 ' Beach County Beautiful, Inc.; and WHEREAS, the Board of County Commissioners �
14 .' approved a grant allocation of $23,300.00 (50% of the total cost) to the ViLLAGE. �
1s '' NOW, THEREFORE, in consideration of the mutual covenants, promises, and
16 agreements herein contained, the parties agree as follows: �
1� ' 1. The above recitais are true, correct and are incorporated herein. ;
is 2. COUNTY agrees to reimburse VILLAGE forfifty percent (50%) of the cost of
i9 the IMPROVEMENTS, not to exceed a maximum amount of TWENTY THREE '
2 o THOUSAND THREE HUNDRED AND 00/100 DOLLARS ($23,300.00), whichever is less, i
21 of the cost of the initial installation, hereinafter "IMPROVEMENTS".
22 3. COUNTY agrees to reimburse VILLAGE the amount established in '
2 3 paragraph 2 for costs (materiats and labor) associated with the installation of the i
24 IMPROVEMENTS, upon VILLAGE's submission of acceptable documentation needed to
25 substantiate its costs forthe IMPROVEMENTS. COUNTY will use its best efforts to provide `:
2 6 said funds to VILLAGE on a reimbursement basis within forty-five (45) days of receipt of all '
2� information required in Paragraph 6, below.
2 8 4. COUNTY's obligation is limited to its payment obligation and COUNTY shall �
2 9 have no obligation to any other person or entity.
3 0 5. VILLAG� agrees to assume all responsibility for design, bidding, contract i
31 preparation, and contract administration for the instaNation of the IMPROVEMENTS,
32 including payment(s) to contractor(s), pursuant to all applicable governmental laws and ',
33 regulations and will comply with all applicable governmental landscaping codes and �
34 permitting requirements in the selection and installation of the IMPROVEMENTS.
3s VILLAGE agrees to install the IMPROVEMENTS substantially in accordance with the !
36 plans, specifications and costs as approved (and where appropriate, permitted) by !.
3 � ' COUNTY. VILLAGE also agrees to assume financial responsibility for the completion of i
3 s any por�ions of the IMPROVEMENTS that are not fully-funded by the amount set forth in :
3 9 �Paragraph 2, above. Otherwise, COUNTY will have the final determination of the eligibility
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���.VILLA6E OF TEQUESTA - OLD DIXIE HIGHWAY FROM TEQUS9TA DRIVS TO 900 PEET SOUTH OF COVNTY LIN& i �
.gOAD BEAVTIFICATION
1� for reimbursement of any changes. Substantial variations from the approved (and neer's l i
2; appropriate, permitted) plans shall require prior written approvai from COUNTY Eng i
3'; Office. The final drawings must be signed and sealed by a Florida Registered Landscape �
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4 Architect.
5 ; 6. VILLAGE w+14 obtain or provide all labor and materials necessary for the i
6°, design and installation of the IMPROVEMENTS. COUNTY shall have the final �
7� determination of eligibility for reimbursement. VILLAGE shall furnish the Manager, I
g! Streetscape Section, of COUNTY's Department of Engineering and Public Works with a �
orted b the following: !
g request for payment supp Y �
lo a. A statement from a Florida Registered Landscape Architect that the I
li IMPROVEMENTS have been inspected and were installed substantially in i
1z accordance with the permitted plans for the IMPROVEMENTS, and; ;
13 b. A�ontract Payment Request Form and a Contractual Services Purchases j
14 Schedule Form, attached hereto and incorporated herein as Exhibit "A" ;
15 (pages 1 and 2) which are required for each and every reimbursement ��.
16 requested by VILLAGE. Said information shall list each invoice paid by
1 � VILLAGE and shall include the vendor invoice number, invoice date, and the :
ia amount paid by VILLAGE. VILLAGE shall attach a copy of each vendor
19 invoice paid by VILLAGE along with a copy of the respective check and shall
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make reference thereof to the applicable item listed on the Contractual ,
21 Services Puschases Schedule Form. Further, the Program Administrator and ;
22 the Mayor of VILLAGE, or his designee shall also certify that each vendor ;
23 invoice listed on the Contractual Services Purchases Schedule Form was `
24 paid by VILLAGE as indicated.
25 7. VILLAGE shall maintain adequate records to justify all charges, expenses,
2 6 and costs incurred in performing the IMPROVEMENTS for at least three (3) y
ears afterthe
2 � completion of the IMPROVEMENTS. COUNTY shall have access to all books, records and
2 s : documents as required in this Section for the purpose of inspection or audit during normal
29 business hours.
3 0 8. VILLAGE agrees to be responsible for the perpetual maintenance of the ':
3 i IMPROVEMENTS following its installation and shall be solely responsible for fede al state, ;
32 complying with all necessary permits, approvals, and authorizations from any
33 regional, or COUNTY agency which are required for the subsequent maintenance of the '
34 IMPROVEMENTS. '
35 9. All installation of the IMPROVEMENTS shall be completed and final invoices '
36 submitted to COUNTY no later than March 31, 2007, and COUNd he eafteaunless
3 � obtigation to VILLAGE or any other entity or person for any cost mcurre
3$ ,the time for completion is extended by modification of this Agreement as provided herein. !
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� �.VILLAGE OF T€QUSSTA - OLD DIXIE HI6HWAY FROM TEQVHSTA DRIVE TO 900 FEET SOUTH OS COVNTY LINfi
'.ROAD BBAUTIFICATION .
1 10. VILLAGE recognizes that it is an independent contractor, and not an agent or �
2 servant of COUNTY or its Board of County Commissioners. In the event a claim or fawsuit !
3 i� is brought against COUNTY, its officers, employees, servants or agents, relating to the �
4 IMPROVEMENTS or any item which is the responsibility of VILLAGE, VILLAGE hereby �I
s agrees to indemnify, save and hoid harmless COUNTY, its officers, employees, servants ;
6:! or agents, and to defend said persons from any such claims, liabilities, causes of action ;
�' and judgmenfs of any type whatsoever arising out of or relating to the existence of the �
s' IMPROVEMENTS or the performance by VILLAGE as may relate to this Agreement. �
9`VI�LAGE agrees to pay all costs, attorney's fees and expenses incurred by COUNTY, its i
io !: officers, employees, servants or agents in connection with such claims, liabilities or suits i
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11 `:except as may be incurred dus to the negligence of COUNTY. :
iz : 11. VILLAGE shall, at all times during the term of this Agreement (the installation ;
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13 ' and existence of the 1MPROVEMENTS), maintain in force its status as an insured ;:
i4 '. municipal corporation. I
15 ' 12. As provided in F.S. 287.132-133, by entering into this Agreement or `
16 ; performing any work in furtherance hereof, VILLAGE certifies that its affiliates, suppliers, �
1� sub-contractors, and consultants who perform work hereunder, have not been placed on :
is the convicted vendor list maintained by the State of Florida Department of Management :
i 9 Services within 36 months immediately preceding the date hereof. This notice is required '
zo by F.S. 287.133(3)(a).
21 13. VILLAGE shall require each contractor engaged by VILLAGE for work
22 associated with this Agreement to maintain:
23 a. Workers' Compensation coverage in accordance with
24 Florida Statutes, and;
25 b. Commercial General Liability coverage, including vehicle coverage, in
26 combined single limits of not less than ONE M{LLION AND 00/10�
27 DOLLARS ($1,000,000.00). COUNTY shall be included in the coverage as ;
28 an additional insured.
z 9 c. A payment and performance bond for the total amount of the ;
3 o IMPROVEMENTS in accordance with Florida Statute 255.05. '
31 14. In the event of termination, VILLAGE shall not be relieved of liability to
32 COUNTY for damages sustained by COUNTY by virtue of any breach of the contract by
33 VILLAGE; and COUNTY may withhold any payment to VILLAGE for the purpose of
34 set-off until such time as the exact amount of damages due COUNTY is determined. In
3 5 the event the VtLLAGE elects to discontinue its maintenance obligation for the
35 IMPROVEMENTS under this Agreement, it shall be the obligation of the VILLAGE to
s� restore, if necessary, the area of the 1MPROVEMENTS on the COUNTY's rights-of-way
38 to a condition acceptable to the County Engineer, which shall be in accordance with
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'�-VILLA6fi OF TfiQUESTA - OLD DIXIE HIOHWAY FROM TEQUBSTA DRZVE TO 900 FBET SOUTH OF COUN'CY LINS -
��..ROAD BEAUTIFZCATION
i Federal, State and COUNTY standards for road construction and/or maintenance. U �
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2 the event the VILLAGE fails to restore the area of the IMPROVEMENTS to a condition �
3.: acceptable to the County Engineer, the COUNTY may undertake such restoration and `
4 the VILLAGE sha41 be liable for the costs of such restoration. ;
5; 15. VILLAGE's termination of this AGREEMENT shall result all obligations of ;
6; COUNTY for funding contemplated herein to be canceled. �
erson shall, on the grounds of race, �
� 16. COUNTY and VILLAGE agree that no p �
$ color, national origin, sexual orientation, religion or creed, sex, age, or handicap be i
9' idiscriminated against in performance of the Agreement.
io 17. COUNTY may, at COUNTY's discretion and for the duration of the �
11 '{MPROVEMEN7S, install signs within the public property or easement, notifying the public �.
12 �that the IMPROVEMENTS were funded with COUNTY dollars. �
13 18. In the event that any section, paragraph, sentence, clause, or provision :
14 ' hereof is held invalid by a court of competent jurisdiction, such holding shall not affect the :
15 remaining portions of this Agreement and the same shall remain in full force and effect. `
16 19. All notices required to be given underthis Agreement shall be in writ'sng, and '
i� deemed sufficient to each party when sent by United States Mail, postage prepaid, to the
1s following:
19 AS TO COUNTY
20 Manager, Streetscape Section
21 Palm Beach County Department of '
22 Engineering and Public Works
2 3 Post Office Box 21229 :
24 West Palm Beach, Florida 33416-1229
z5 AS TO VILLAGE
26 Assistant Village Manager
2 � Village of Tequesta
Z 8 P.O. Box 3273
2 9 Tequesta, FI 33469
3 0 20. This Agreement shall be construed and governed by the laws of the State of
31 Florida. Any and all legal action necessary to enforce this Agreement shall be held in Palm
32 Beach County. No remedy herein conferred upon any party is intended to be excfusive of !
33 any other remedy, and each and every other remedy shall be cumulative and shall be in
34 addition to every other remedy g+ven hereunder or now or hereafter existing at law or in '
35 equity or by statute or otherwise. No singte or partial exercise by any party of any right, '
3 6 „power, or remedy shall preclude any other or further exercise thereof.
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�VILLA�E OF TSQVE3TA - OLD DIXI& HIGHWAY SROM T&QUESTA DRIVB TO 900 FSET SOVTH OF COUNTY LINE
-ROAD BEAUTIBZCATION
1 21. Any costs or expenses (including reasonable attorney's fees) associated with j
2 I! the enforcement of the terms and conditions of this Agreement shali be borne by the j
3 i respective parties; provi de d, however, t ha t this clause pertains only to the parties to the �
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4 ' Agreement.
5:: 22. Except as expressiy permitted herein to the contrary, no modification, i
6` amendment, or alteration in the terms or conditions contained herein shall be effective i
�' uniess contained in a written document executed with the same formality and equality of �
s '', dignity herewith. j
9' 23. Each party agrees to abide by all laws, orders, rules and regulations and ;
io VILLAGE will comply with all applicable governmental landscaping codes in the !
11 ; maintenance and replacement of the IMPROVEMENTS. �
i 2 ' 24. The parties to this Agreement shall not be deemed to assume any liabi�ity for ;
13 ': the negligent or wrongful acts, or omissions of the other party (or parties). Nothing '
i4 ` contained herein shall be construed as a waiver by any of the parties, of the liability limits ;
i5 established in Section 768:28, Florida Statutes. j
16 ' 25. VILLAGE shall promptly notify COUNTY of any lawsuit-related complaint, or `:
1 � cause of action threatened or commenced against it which arises out of or relates, in any ;
is manner, to the performance of this Agreement.
19 26. The parties expressly covenant and agree that in the event any of the parties �
2 o is in default of its obligations under this Agreement, the parties not in default shall provide '
2 i to the defaufting party thirty (30) days written notice before exercising any of their rights. !
z 2 27, The preparation of this Agreement has been a joint effort of the parties, and :
23 the resulting document shall not, solely as a matter of judicial constraint, be construed :
24 more severely against one of the parties than the other.
z 5 ' 28. This Agreement represents the entire understanding among the parties, and !
26 supersedes all other negotiations, representations, or agreements, either written or oral, ,
2� relating to this Agreement.
28 29. A copy of this Agreement shall be filed with the Clerk of the Circuit Court in :
29 and for Palm Beach County, Florida.
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32 30. This Agreement shall take affect upon execution and the effective date shall �
33 Ibe the date of execution. i
(INTENTIONALLY LEFT BLANK)
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��VILLAOE OF TEQUESTA - OLD DIXIE HZOfiWAY FROM T6QUE9TA DRIVS TO 900 FB&T SOUTH OF COVNfY LINS •
�ROAD HEAUTIFZCATION I
i WITNESS WHEREOF, the parties have executed this Agreement and it is ;
2 effective on the date first above written. �
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3 , VILLAGE OF TEQUESTA ;
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5 ' � ATTEST: '
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6 ' By: BY� '
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� ! VILLAGE CLERK MAYOR `
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9 APPROVED AS TO FORM
�o AND LEGAL SUFFICIENCY �
� i By:
12 VILLAGE ATTORNEY
13 PALM BEACH COUNTY
14 PALM BEACH COUNTY, FLORIDA, BY ITS
15 BOARD OF COUNTY COMMISSIONERS
16 ATTEST:
i� SHARON R. BOCK, CLERK &
ie COMPTROLLER
19 By: BY�
2 o DEPUTY CLERK TONY MASILOTTi, CHAIRMAN
21 APPROVED AS TO FORM APPROVED AS TO TERMS
z2 AND LEGAL SUFFICIENCY AND CONDITIONS
2 3 By: BY:
24 ASSiSTANT C011NTY ATTORNEY
2 5 F:1MedianlGCG1KPBC8 05-061AGR_VILLAGE OF TEQUESTA OLD DIXIE HWY.doc
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