HomeMy WebLinkAboutDocumentation_Regular_Tab 28_05/12/2005 . � •
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To: Mayor and Council
CC: Village Manager
From: Robert L. Garlo, Assistant Manager/��i
Date: May 5, 2005
Re: Resolution 65-04/05
This is an amendment to the existing interlocal agreement between the Village of
Tequesta and Palm Beach County Board of County Commissioners District 1.
As discussed at the previous Council meeting, the amendment increases the
financial assistance provided by the Palm Beach County Board of County
Commissioners District 1 Discretionary Fund by $135,000.00. If approved, the
agreement will be executed immediately thereafter.
RLG/ak
Attachments
1
RESOLUTION NO. 65-04/OS
A RESOLUTION OF THE VILLAGE COUNCIL OF THE
VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA,
APPROVING AN AMENDMENT TO AN INTERLOCAL
AGREEMENT, (R2005-0207), DATED FEBRUARY 1, 2005, AND
APPROVED BY COUNCIL RESOLUTION 22-04/O5; INCREASING
THE AMOUNT OF FINANICAL ASSISTANCE FROM PALM
BEACH COUNTY AN ADDITIONAL $135,000.00 FOR
IMPROVEMENTS TO BE MADE IN THE VICINITY OF THE
TEQUESTA DRIVE AND OLD DIXIE HIGHWAY
INTERSECTION.
WHEREAS, the 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; and
WHEREAS, Palm Beach County believes that such efforts by the Village serve a
public purpose in the enhancement of the appearance of these thoroughfares and
wishes to support the 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 dollars ($200,000); and
WHEREAS, the Village wishes to accept additional support of Palm Beach County
in the amount of $135,000.00 by entering into a First Amendment Agreement with
Palm Beach County 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: The First Amendment to the Financial Assistance Agreement between Palm
Beach County and the Village of Tequesta for improvements to the Tequesta Drive and
Old Dixie Highway right of way areas, 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 12�' day of May,
A.D., 2005.
Jim Humpage, Mayor
ATTEST:
Gwen Caxlisle
Village Clerk
FIRST AMEbIDMENT — VILI,AGE OF TEQUESTA — TEQVESTA DRIVE AND OLD DIXIE HIGHWAY TRAFE'IC SI6NAL
AND BEAUTIFICATION
1 FIRST AMENDMENT TO THE FINANCIAL ASSISTANCE AGREEMENT WITH
2 THE VILLAGE OF TEQUESTA FOR TEQUESTA DRIVE AND OLD DIXIE HIGHWAY
3 TRAFFIC SIGNAL AND BEAUTIFICATION DATED FEBRUARY 1, 2005 (R2005-
4 0207)
5 THIS FIRST AMENDMENT TO THE INTER-LOCAL AGREEMENT is made and
6 entered into this day of , 2005, by and between THE
� VILLAGE OF TEQUESTA, a municipal corporation of #�e State of Florida, hereinafter
g "VILLAGE", and PALM BEACH COUNTY, a political subdivision of the State of
g Florida, hereinafter "COUNTY".
10 WITNESSETH:
11 WHEREAS, The VILLAGE wishes to expand the scope of its IMPROVEMENTS,
12 as defined in the original Financial Assistance Agreement, dated February 1, 2005,
13 to also include beautification and a pathway in the right of way of the COUNTY's
14 County Line Road, within the municipal limits of the VILLAGE; and
15 WHEREAS, to recognize these planned efForts by the VILLAGE to accomplish
16 t he expanded IMPROVEMENTS, District 1 Commissioner wishes to provide
1� additional financial support to the VILLAGE in its efforts to accomplish the
18 IMPROVEMENTS; and
19 WHEREAS, the COUNTY believes that these expanded efforts by the VI�LAGE
2 o serve a public purpose by the enhancement of the appearance of these
21 thoroughfares.
22 NOW, THEREFORE, in consideration of the mutual covenants, promises, and
2 3 agreements herein contained, the parties agree as fiolfows:
2� 1. The above recitals are true, correct and are incorporated herein.
EIRST AMEIIDMENT - VILLA6E OF TEQUE3TA - TEQUESTA DRIVE AND OLD DIXIE HIGHWAY TRAFFIC SIQ�TAL
AND BEAUTIFICATION
1 1. The first "WHEREAS" ciause of the February 1, 2005 Agreement is
2 hereby amended to include beautification and a pathway in the right of way of the
3 COUNTY's County Line Road within the municipal limits, in the scope of the defined
4 "IMPROVEMENTS".
5 2. Paragraph Z of the original Agreement dated February 1, 2005, is
6 amended to read as follows:
7 2. The COUNTY agrees to provide to the VILLAGE additional
s reimbursement funding in an amount not to exceed ONE
9 HUNDRED THIRTY FIVE THOUSAND AND 00/100 DOLLARS
lo ($135,000.00) from Commission District 1 Funds for
11 Improvements for the documented additional costs of the
12 IMPROVEMENTS in excess of the maximum TWO HUNDRED
13 THOUSAND AND 00/100 DOLLARS ($200,000.00) reimbursement
14 amount contained in the original Financial Assistance Agreement
15 between the COUNTY and the VILLAGE dated February 1, 2005,
16 f or a new maximum total funding amount not to exceed. THREE
17 HUNDRED THIRTY FIVE THOUSAND AND 00/100 DOLLARS
18 ($335,000.00). Of this maximum funding, ONE HUNDRED THIRTY
19 FNE THOUSAND AND 00/100 DOLLARS ($135,000.00) is subject
2 o to budgetary approval and appropriation by the Board of County
21 Commissioners, and in no case shall be available to reimburse
22 t he VILLAGE until October 1, 2005.
FIRST At�IDt�LiT - VILLAGE OF TEQUESTA - TEQUE3TA DRIVE AND OLD DIXIE HIGHS�7AY TRAFFIC SICNAL
AND BEAUTIFICATION
1 to the VILLAGE or any other entity or person for any cost
2 incurred thereafter.
3 4. All other provisions of the Financial Assistance Agreement dated
4 February 1, 2005, shali remain in force and effect.
5
6 INTENTIONALLY LEFT BLANK
FIRST AMELIDd�N'P — VILLAGE OF TEQVESTA — TEQUE3TA DRIVE AND OLD DIXIE HIGHWAY TRAFFIC SIGNAL
ANA BEAUTIFICATION
1 IN WITNESS WHEREOF, the parties have executed this Agreement and it is
2 effective on the date �rst above written.
3 VILLAGE OF TEQUESTA
4 (VILLAGE SEAL) VILLAGE OF TEQUESTA,
5 BY ITS ViLLAGE COUNCIL
6 ATTEST:
� By: BY�
g VILLAGE CLERK MAYOR
9 APPROVED AS TO FORM AND LEGAL SUFFICIENCY
10 By:
11 VtLLAGE ATTORNEY
12
13 PALM BEACH COUNTY
14
15 (COUNTY SEAL) PALM BEACH COUNTY, FLORIDA, BY ITS
16 BOARD OF COUNTY CfJMMISSIONERS
17 ATTEST:
18 SHARON R. BOCK,
19 CLERK AND COMPTROLLER
2 0 By: By:
21 DEPUTY CLERK TONY MASILOTTI, CHAIRMAN
22 APPROVED AS TO FORM AND LEGAL SUFFICIENCY
EIRST AME�L7T — VII�LPaGE OF TEQVE3TA — TEQVE$TA DRIVE AND OLD DIXIE HI6HDPPiY TRAEEIC SIGNAL
1�ND SEAUTIFICATION
1 ASMMedian�2005AGMTS1Tequesta04290aAiri@!id
2
RESOLUTION NO. 22-04/05
A RESOLUTION OF THE VILLAGE COUNCIL OF THE
VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA,
APPROVING AN INTERLOCAL AGREEMENT BETWEEN
PALM BEACH COUNTY AND THE VILLAGE OF TEQUESTA
THROUGH WHICH THE COUNTY WILL PROVIDE FINANCIAL
ASSISTANCE TO THE VILLAGE FOR IMPROVEMENTS TO BE
MADE IN THE VICINITY OF THE TEQUESTA DRIVE AND OLD
DIXIE HIGHWAY INTERSECTION.
'!' WHEREAS, the Village is undertaking the installation of improvements, including,
but not limited to, traffic signals and beautification in and along the rights of way in
I' the vicinity of the intersection of Tequesta Drive and Old Dixie Highway; and
WHEREAS, Palm Beach County believes that such efforts by the Village serve a
;; public purpose in the enhancement of the appearance of these thoroughfares and
' wishes to support the 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 dollars ($200,000); and
' WHEREAS, the Village wishes to accept the support of Palm Beach County 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: The Financial Assistance Agreement between Palm Beach County and the
'; Village of Tequesta for improvements to the Tequesta Drive and Old Dixie Highway
right of way areas, attached hereto as "Exhibit A," is hereby approved.
THE FOREGOING RESOLUTION WAS OFFERED BY Councilmember Humpage,
'' who moved its adoption. The motion was seconded by Councilmember Resnik, and upon
being put to vote, the vote was as follows:
FOR ADOPTION AGAINST ADOPTION
Pat Watkins
Geraldine A. Genco
Edward D. Resnik
Russell J. von Frank
�� Jim Humpage
': The Mayor thereupon declared the Resolution duly passed and adopted this 9` day of December,
A.D., 2004.
�;
;
'f y <',_����,L-�
Pat Watkins, Mayor
ATTEST:
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• Gwen Carlisle -
Village Clerk ,,�b'`���0�'
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• • �/illage �,�gr's Off
�loRI94' February 10, 2005
Michael R. Couuo, Jr., Vitlage Manager
Villa e of Tequesta
250 �"equesta Drive
Tequesta, FL 33469
artment of En�ineeriny
and Pub�ic Works RE: Financial Assistance Agreement (R2005-0207) with the Village of
P.O. Box 21229
Tequesta, Tequesta Drive and Old Dixie Highway - Beautification.
West palm Beach, FL 33416• 1229 Dear Mr. Couzzo:
(56I)684-4000
included for the Village's records is one (1) original of the Aareement that the
www.pbcgov.com Board of Coun�y Commissioners executed on February 1, 200�5. Please forward
this Agreemenf to the person within your orgarnzation who is responsible for
maintairnng such records.
� Please note the Village will need to have all work completed (and ins ected) by
the dates stated in the ac] reement and also submit a payment request along witF�
supporting, documentafion) by that date. Supporting documenta ion, at a
mirnmum, includes:
Palm Beach County
soa�+ ar ca�nc 1. Checks. Copies of completed and signed checks (front only
Commissioners nee e to vendors, suppliers @tC.
Tony Masilor[i, Chairman 2• Invoices. Copies of invoices which detail the material/labor
provi e, . Invoices for dollar amounts only without additional
Addie L. Greene, Vice Chairperson
supportmg detailed documents are not sufficient.
3. In-Kind Labor/Materials. Internal documents such as job sheets,
Karen T. Marcus payro recor s, e c. need to be provided.
Jeff Koons
it is suggested that you or someone in your organization maintain an on-going file
Warren H. Newell of these documents to assist you at payment request time.
"'a`y "'`ca"y Your efforts to enhance the qualit of life in Palm Beach Count are a
If ou have an Y Y ppreciated.
Burt Aaronson Y y questions, please contact me or Jason Weber at 684-4100.
Sincer ly,
OF� F U �' ENGINEER
�
/
County AdminisCrator � �
� Andrew S. ertel, AICP
Robert Weisman Manager - Streetscape Section
= �
ASH:,�W:
Attachments: One original of the Agreement (R2005-0207),
PC: (Letter only)
G. Haney Frakes, Jr., P.E., Assistant County Engineer
File: Municipalities — Tequesta
F:\MedianUTW\COMMFUNDSO4-OSV,GR-LTR-TEQUESTA OLD-DIXIE
'An Equa! OpporNnily
Ajjirmalive AcNon Employer"
� prinfed on recycled paper
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VILLA6E OF TEQUE9TA - TEQUESTA DRIVE AND OLD DIXIE HIGHVIAY TRAFFIC SIQNAL3 AND BEAUTIFICATION
1 FINANCIAL ASSISTANCE AGREEMENT FOR VILLAGE OF TEQUESTA
2 TEQUESTA DRIVE AND OLD DIXIE HIGHWAY 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
5 corporation of the State of Florida, hereinafter "VILLAGE", and PALM BEACH
6 COUNTY, a political subdivision of the State of Florida, hereinafter "COUNTY".
�
8 WITNESSETH:
9 WHEREAS, VILLAGE is undertaking the installation of improvements,
lo including, but not limited to, traffic signals and beautification in and along the rights
i1. of way in the vicinity of the intersection of Tequesta Drive and Old Dixie Highway,
i2 hereinafter "IMPROVEMENTS"; and
13 WHEREAS, COUNTY believes that such efforts by VILLAGE serve a public
i4 purpose in the enhancement of the appearance of these thoroughfares and wishes
i5 to support VILLAGE'� efforts to install the IMPROVEMENTS by providing
i5 reimbursement funding from Board of County Commissioners District 1
i� Discretionary Fund for Improvements in an amount not to exceed TWO HUNDRED
is THOUSAND AND 00/100 DOLLARS ($200,000.00); and
i9 WHEREAS, after installation, VILLAGE will be responsible for the perpetual
2 o 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
2s documented costs for the IMPROVEMENTS from Commission District 1
25 Discretionary Funds for Improvements in an amount not to exceed TWO HUNDRED
2� THOUSAND AND 00/100 DOLLARS ($200,000.00).
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VILLAGE OF TEQUESTA - TEQUESTA DRIVE AND OLD DIXIE HIOHWAY TRAFFIC SIGNALS AND HEAVTZFICATION
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 forthe IMPROVEMENTS. COUNTYwill use its best efforts
5 to provide said funds to VILLAGE on a reimbursement basis within forty-five (45)
5 days of receipt of all information required in Paragraph 6, below.
� 4. The COUNTY's obligation and performance under this Agreement
s is contingent upon an annual budgetary appropriation necessary to fund its
9 obligations established herein. COUNTY's obligation is limited to its payment
lo obligation and shall have no obiigation to any other person or entity.
li 5. VILLAGE agrees to assume all responsibility for bidding, contract
i2 preparation, and contract administration forthe installation ofthe IMPROVEMENTS,
i3 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 ofthe IMPROVEMENTS.
i6 6. VILLAGE will obtain or provide all labor and materials associated with
1� the installation of the IMPROVEMENTS. COUNTY shall have the final determination
is of eligibility for reimbursement. VILLAGE shail furnish the Manager, Streetscape
19 Section, of COUNTY's Department of Engineering and Public Works with a request
2 o for payment supported by the following:
2 i a. A statement from a Florida Registered Landscape Architect, or as
zz 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 4MPROVEMENTS, and;
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VILLA�& OF TEQUE9TA - T8QUE9TA DRIVE AND OLD DIXIE HZGIitVAY TRAFFIC SIONALS AND BfiAUTIFICATZON
i b. A Contract Payment Request Form and a Contractual Services
2 Purchases Schedule Form, attached hereto and incorporated herein as
s 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
6 number, invoice date, and the amount payable by VILLAGE. VILLAGE
� shall attach a copy of each vendor invoice paid by VILLAGE along with
a 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
i i Officer for VILLAGE shall also certify that each vendor invoice listed on
i2 the Contractual Services Purchases Schedule Form was paid by
�3 VILLAGE as indicated.
i4 7. VILLAGE shall maintain adequate records to justify all charges,
i5 expenses, and costs incurred in performing the IMPROVEMENTS for at least three
15 (3) years after the completion af such IMPROVEMENTS. COUNTY shall have access
1� to all books, records and documents as required in this Section for the purpose of
le inspection or audit during normal business hours.
19 8. VILLAGE agrees to be responsible forthe perpetual maintenance of the
2o IMPROVEMENTS following the installation and shall be solely responsible for
2 i obtaining and complying with ail 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
25 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
2� thereafter unless the time for completion is extended by modification of this
2 s i � Agreement as provtded herein.
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VILLA6& OF TEQUESTA - TEQUESTA DRIVE AND OLD DIXIE HIOHWAY TRAFFIC SI�NALS AND SEAUTIFICATION
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, retating 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 hofd harm{ess COIfNTY, its officers, emptoyees, 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 negtigent or
9 wrongful acts oromissions ofVILLAGE relating tothe obligations ofVILLAGE under
10 this Agreement. VILLAGE, to the extent permitted by law, agrees to pay afl costs,
i i attorney's fees and expenses incurred by COUNTY, its officers, employees, servants
i2 or agents in connection with such ctaims, liabilities or suits except as may be
i3 incurred due to the negligence of COUNTY.
i4 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
15 insured municipal corporation.
1� 12. As provided in F.S. 287.132-133, by entering into this Agreement or
ls performing any work in furtherance hereof, VILLAGE certifies that its affiliates,
i 9 suppliers, sub-contractors, and consultants who perform work hereunder, have not
2 o 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 associated with this Agreement to maintain:
25 a. Workers' Compensation coverage in accordance with Florida
2 5 � Statutes, and;
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VILLA�E OF TEQUE9TA - TEQUESTA DRIVE AND OLD DIXIE HSGHY7AY TItAFF2C SIONAL$ AND HEAVTZFICATION
i b. Commerciat General Liabifity coverage, including vehicie coverage,
2 in combined single limits of not less than ONE MILLION AND 00/100
3 DOLLARS ($1,000,000.00). COUNTY shall be included in the coverage
4 as an additionaf insured.
5 c. A payment and performance bond for the total amount of the
6 improvements in accordance with Florida Statute 255.05.
� 14. in the event of termination, ViLLAGE shail not be retieved of liabifity to
a COUNTY for damages sustained by COUNTY by virtue of any breach of the contract
9 by VILLAGE; and COUNTY may withhold any payment to VILLAGE for the purpose
io of set-off unti{ such time as the exact amount of damages due COUNTY is
ii determined. In the event VILLAGE elects to discontinue its maintenance obligation
i2 for the IMPROVEMENTS under this Agreement, it shall be the obligation of VILLAGE
i3 to restore, if necessary, the area of the {MPROVEMENTS on COUNTY's right-of-way
14 to a condition acceptable to COUNTY Engineer, which shall be in accordance with
i5 Federal, State and COUNTY standards for road construction and/or maintenance. In
i6 the event VlLLAGE fails to restore the area of the IMPROVEMENTS to a condition
1� acceptable to COUNTY Engineer, COUNTY may undertake such restoration and
1a VILLAGE shall be liable for the costs of such restoration.
i9 15. VlLLAGE's termination of this AGREEMENT sha{I resu{t ali obligations
2 0 of COUNTY for funding contempiated herein to be canceled.
21 16. COUNTY and VILLAGE agree that no person shail, on the grounds of
22 race, color, national origin, sexual orientation, religion or creed, sex, age, or
23 handicap be discriminated against in pertormance of the Agreement.
24 17. COUNTY may, at COUNTY's discretion and for the duration of
2 s IMPROVEMENTS, insta{I signs within the pub{ic property or easement, notifying the
z 6 � public that the IMPf20VEMENTS were funded with COUNTY dollars.
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VILLAOE OF TEQUESTA - TEQVESTA DRIVE AND OLD DIXIE HZGHWAY TRAFFIC SIONAL$ AND SEAVTIFICATION
i 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 affect the remaining portions of this Agreement and the same shall remain in full
4 force and effect.
5 19. A{f notices required to be given under this Agreement shall be in
5 writing, and deemed sufficient to each party when sent by United States Mail,
� postage prepaid, to the following:
s AS TO COUNTY
9 Manager, Streetscape Section
io Palm Beach County Department of
ii Engineering and Public Works
i2 Post Office Box 21229
1.3 West Palm Beach, Fforida 33416-1229
1.4 AS TO VILLAGE
i5 Village Manager
i6 Village of Tequesta
1� 250 Tequesta Drive
1s Tequesta , FL 33469
19 20. This Agreement shall be construed and governed by the laws of the
2 o 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
2 3 be cumulative and shall be in addition to every other remedy given hereunder or now
2� or hereafter existing at law or in equity or by statute or otherwise. No single or
2 5 partial exercise by any party of any right, power, or remedy shall preclude any other
26 or further exercise thereof.
27 21. Any costs or expenses (including reasonable attorney's fees)
2 s associated with the enforcement of the terms and conditions of this Agreement
2 s shali be borne bythe respective parties; provided, however, thatthis ciause pertains
3 0 , only to the parties to the Agreement.
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VILLAGE OF TEQUESTA - TEQUESTA DRIVE AND OLD DIXIE HIQHWAY TRAFFIC SIONAL3 AND BfiAUTIFICATION
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
3 effective unless contained in a written document executed with the same formality
4 and equality of dignity herewith.
5 23. Each party agrees to abide by all laws, orders, rules and regulations and
5 VILLAGE will comply with all applicable governmental landscaping codes in the
� maintenance and replacement of the IMPROVEMENTS.
s 24. The parties to this Agreement shall not be deemed to assume any
9 liability for the negligent or wrongful acts, or omissions of the other party (or
lo parties). Nothing contained herein shall be construed as a waiver, by any of the
1i 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.
is 26. The parties expressly covenant and agree that in the event any of the
i 6 parties is in default of its obligations underthis Agreement, the parties not in default
1� shall provide to the defaulting party thirty (30) days written notice before exercising
is any of their rights.
i 9 27. The preparation of this Agreement has been a joint effort of the parties,
zo and the resulting document shali not, solely as a matter of judicial constraint, be
21 construed more severely against one of the parties than the other.
2 z 28. This Agreement represents the entire understanding among the parties,
2 3 and supersedes all other negotiations, representations, or agreements, eitherwritten
24 or oral, relating to this Agresment.
2 s 29. A copy of this Agreement shall be filed with the Clerk of the Circuit
25 Court in and for Palm Beach County, Fiorida.
2� 30. This Agreement shall take affect upon execution and the effective date
2s I shatl be the date of execution.
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VILLAOE OF TEQUESTA - TEQUESTA DRIVE AND OLD DIXIE HI�HWAY TRAFFIC SIGNALS AND BEAUTIFICATION
i IN WITNESS WHEREOF, the parties have executed this Agreement and it is
2 effective on the date first above written.
3 ,�a������,L.AGE OF TEQUESTA
���
ti ��. G � oF TFQ�i''.
4 (VILLAGE SEAL) �� •'OP VILLAGE OF TEQUESTA,
.
5 �ac' �'S N D _ BY ITS VILLAGE COUNCIL
; cP • ' IN CJRPORATED: �
5 ATTEST: ; �; Q ,
�'�G 1 `
',�T �F a � 1e,`: �O �•�
'' �������t Fti��
� By: _ B ;
s VILLAGE CLERK MAYOR
9 APPROVED AS TO FOaM AND LEGAL SUFFICIENCY
i o By: '�� "1 � ; ��� . ! � �; . -. v
11. � VILLAG ATTORNEY � � t� ►� � � � i� Q �
12 FEB 01 2005
i3 PALM BEACH COUNTY
14
15 (COUNTY SEAL) PALM BEACH COUNTY, FLORIDA, BY ITS
7.5 BOARD OF COUNTY COMMISSIONERS
17 ATTEST: ` _� 1 ��N� ~x � ,
.�� �3�. � V��_ -'-
18 . �•��'� ..
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Sharon R. Bock� �1e �,. . , � `_ _ __
�~ ���� �,�,•J+ja��.`� � '.._ ` ..._�- A �`� �`.
19 B - _ '�-�.�,.�' By. a � � � ) ,,.f � �»t �i �°�-�,�
20 �'<<'° DEPUTY C�' �K' � ��'' Tony Mas'lotti y , CHAIR
,.,,. . . �;
2 i APPROVED AS TO FORM AND LEGAL SUFFICIENCY
22 O�/. � r
23 ASSISTANT COUNTY ATTORNEY
? .� � s
24 APPROVED AS TO TERMS AND CONDITIONS
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PALM BEACH COUNTY Exhibit A
ENGINEERING & PUBLIC WORKS DEPARTMENT
CONTRACT PAYMENT REQUEST
(Project)
Grantee Request Date
Billing # Billing Period
PROJECT PAYMENT SUMMARY
Project Costs Cumulative Total
Item This Billing Project Costs Project Costs
Consulting Services
Contractual Services
Materials, Supplies, Direct Purchases
Grantee Stock
F^��ipment, Furniture
TOTAL PROJECT COSTS ______________ _=____—__--__-
Certification: I hereby certify that the above Certification: I hereby certify that the documen-
were incurred for the work identified as being tation has been maintained as required to support
accomplished in the attached progress reports. 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 $
.,unty 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
Page 1 of 2
PALM BEACH COUNTY
ENGINEERING & PUBLIC WORKS DEPARTMENT
CONTRACTUAL SERVICES PURCHASE SCHEDULE
(Project)
Grantee Billing Date
Billing # Billing Period
Contractor City Check or Project
Contractor Name Invoice Number Voucher Number Amount Paid General
and date and date this period Description
TOTAL
Certification: I hereby certify that the purchase(s) noted Certification: I hereby certify that bid tabulations, executed contract cancelled
above were used in accomplishing the project. checks, and other purchasing documentation have been maintained as required
to support the costs reported above and are available for audit upon request.
Administrator/Date Financial Officer/Date
Page 2 of 2