HomeMy WebLinkAboutDocumentation_Regular_Tab 05G_12/09/2004 INTEROFFICE MEMORANDUM
TO: HONORABLE MAYOR nND MEMBERS OF 'I'I� VILLAGE COUNQL
THROUGH: MICHAEL R COUZZO, VILLAGE N111NAGER
1' %�
FROM: WENDY K. HARRISON, SPEQAL PROJECTS COORDINATOR �✓�"
SUBJECT: IN7'ERLOCAL AGREEMENT WITH PALM BEACH COUN'I'Y FOR
BEAU7TFICA7TON OF FEC RAILROAD INTERSECITON WITH TEQUESTA
DRI VE
DATE: 11/24/2004
Please find attached a Resolution for your consideration at the December 9, 2004 Village
Council Meeting authorizing an Interlocal Agreement with Palm Beach County. The
Agreement is the mechanism through which the County will contribute up to $200,000
toward the beautification project at the Tequesta Drive/Old Dixie/ FEC railway
intersection. This is the support that Palm Beach County Commissioner Karen Marcus
agreed to earlier this year and the funding is included in the adopted Village budget. The
Agreement provides that the County will reimburse the Village up to $200,000 for
landscaping and traffic signal expenses at the intersection of Tequesta Drive and Old
Dixie Highway. In return, the Village agrees to maintain the improvements (which
would have been the case even without the funding agreement), to provide the County
with documentation of expenses prior to reimbursement, and to maintain expense records
for at least three years after the improvements are complete. These improvements are
currently being designed per the contract approved by the Village Council in OctoUer and
should be ready to be bid by May of 2005.
Upon approval by the Tequesta Village Council, the Agreement will be presented to the
Palm Beach County Board of County Commissioners for its approval. The process
typically takes about sixty days, so the funding should be available in February or March
of 2005. Staff would recommend that the Village verify that the County has appr�ved the
Agreement prior to entering into a contract for the improvements.
The Village Attorney has reviewed the Agreement and staff recommends approval.
Attachments
_�.�� ��`.
� �� � Q m
RESOLUTION NO. 22-04/OS
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
'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
' w�ishes 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
, 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
h
Pat Watkins, Mayor
': ATTEST:
: Gwen Carlisle
'; Village Clerk
;
�
� VILLAGE OF TEQVESTA - TEQUESTA DRIVE AND OLD DIXIE HIGHWAY TRAFFIC 92GNAL8 AND HEAUTIFICATION ��.
i 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 , 200 by and between the VILLAGE OF TEQUESTA, a municipal
s corporation of the State of Florida, hereinafter "VILLAGE", and PALM BEACH
5 COUNTY, a political subdivision of the State of Florida, hereinafter "COUNTY".
�
s WITNESSETH:
a WHEREAS, VILLAGE is undertaking the installation of improvements,
i o including, but not limited to, traffic signals and beautification in and along the rights
ii : 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's efforts to install the IMPROVEMENTS by providing
i5 reimbursement funding from Board of County Commissioners District 1
1� < Discretionary Fund for Improvements in an amount not to exceed TWO HUNDRED
ls THOUSAND AND 00/100 DOLLARS ($200,000.00); and
i 9 WHEREAS, after installation, VILLAGE will be responsible for the perpetual
2o maintenance of the IMPROVEMENTS; and
z 1 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;
25 Discretionary Funds for Improvements in an amount not to exceed TWO HUNDRED
2� `THOUSAND AND 00/100 DOLLARS ($200,000.00).
� -1-
�
. VILLAGE OF TEQUESTA - TEQVESTA DRIVE AND OLD DIXIE HIGFiWAY TRAFFIC 9IGNAL3 AND BEAUTIFICATION �.
i 3. COUNTY agrees to reimburse VILLAGE the amount established in
2 paragraph 2 for costs (materials and labor) associated with instaNation of the
3 IMPROVEMENTS, upon VILLAGE's submission of acceptable documentation needed
4 to substantiate theircosts forthe IMPROVEMENTS. COUNTYwill use its bestefforts
5 to provide said funds to VILLAGE on a reimbursement basis within forty-five (45) '
6 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
i o :, obligation and shall have no obligation to any other person or entity.
ii 5. VILLAGE agrees to assume all responsibility for bidding, contract
i2 preparation, and contract administration forthe lnstallation ofthe IMPROVEMENTS, i
i3 : including payment(s) to contractor(s), pursuant to all applicable governmental laws
i4 and regulations and will complywith all applicable governmental landscaping codes
i5 and permitting requirements in the selection and installation ofthe IMPROVEMENTS. ;
i6 6. VILLAGE will obtain or provide al{ labor and materials associated with
1� the installation of the IMPROVEMENTS. COUNTY shall have the final determination
1s of eligibility for reimbursement. VILLAGE shall 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 i
22 appropriate a Florida Registered Engineer, that the IMPROVEMENTS
23 have been inspected and were installed substantially on accordance I
24 with the COUNTY approved plans for the IMPROVEMENTS, and;
-2-
�., VILLAOE OF TEQUESTA - TEQUESTA DRIVE AND OLD DIXIE HIQHWAY TRAFFIC SI�NALS AND SEAUTIFICATION .
i 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 inciude the vendor invoice
5 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 1 O�cer for VILLAGE shalf also certify that 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
15 (3) years after the completion of such IMPROVEMENTS. COUNTY shall have access '
i� ' to all books, records and documents as required in this Section for the purpose of ;
is 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 all 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. Al! installation of these {MPROVEMENTS shall be completed and final ;
25 invoices submitted to COUNTY no later than December 31, 2006, and COUN7Y shall
26 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 Agreement as provided herein.
-3-
- VILLAGE OF TEQUESTA - TEQUESTA DRIVE AND OLD DIXIE HIGHWAY TRAFFIC SIGNAL3 AND HEAUTIFICATION ..
7. 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
s 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 ofVILLAGE under
io this Agreement. VILLAGE, to the extent permitted by law, agrees to pay all costs,
1 i ` attorney's fees and expenses incurred by COUNTY, its officers, employees, servants
1z 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 ail times during the term of this Agreement (the i
15 installation and existence of the IMPROVEMENTS), maintain in force its status as an
i6 insured municipal corporation.
i� 12. As provided in F.S. 287.132-133, by entering into this Agreement or
le 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 0 ' been placed on the convicted vendor list maintained by the State of Florida ;
21 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;
-4-
1
VILLAGE OF TEQUESTA - TEQUESTA DRIVE AND OLD DIXIfi HZ6HWAY TRAFFIC SIONAL9 AND SEAUTIFICATION �
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.
s c. A payment and performance bond for the total amount of the
5 improvements in accordance with Florida Statute 255.05.
� 14. In the event of termination, VILLAGE shall not be relieved of liability to
s 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
lo of set-off until such time as the exact amount of damages due COUNTY is
i 1 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 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 '
15 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
la VILLAGE shall be liable for the costs of such restoration.
i9 15. VILLAGE's termination of this AGREEMENT shall result all 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 '
25 fMPROVEMENTS, install signs within the public property or easement, notifying the
26 public that the IMPROVEMENTS were funded with COUNTY dollars.
-5-
�. VILLAGE OF TEQUESTA - TEQUESTA DRIVE AND OLD DIXIE HIdHWAY 2RAFFIC 9IONAL3 AND BEAUTIFICATION -
1 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. All notices required to be given under this Agreement shall be in
6 writing, and deemed sufficient to each party when sent by United States Mail,
� postage prepaid, to the following:
8 AS TO COUNTY
9 Manager, Streetscape Section
io Palm Beach County Department of
11 Engineering and Public Works
i2 Post Office Box 21229
i3 West Palm Beach, Florida 33416-1229
14 AS TO VILLAGE
i5 Village Manager
16 Village of Tequesta
1� 250 Tequesta Drive
ls Tequesta , FL 33469
i9 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
2 i be held in Palm Beach County. No remedy herein conferred upon any party is
2 z intended to be exclusive of any other remedy, and each and every other remedy shall
23 becumulativeandshallbeinadditiorrtoeveryotherremedygivenhereunderornow .
24 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
2 6 or further exercise thereof.
2� 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 9 - shall be borne by the respective parties; provided, however, that this clause pertains '
3 0 only to the parties to the Agreement.
-6-
VILLAtlE OF TEQVESTA - TEQUESTA DRIVE AND OLD DIXIE HIaHWAY TRAFFIC SIGNAL3 AND BEAUTIFICATION �
1 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.
a 24. The parties to this Ayreement shall not be deemed to assume any
9 tiability 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
11 parties, of the liability limits established in Section 768.28, Florida Statutes.
i2 25. VILLAGE shall promptly notify COUNTY of any lawsuit-related
13 complaint, or cause of action threatened or commenced against it which arises out
14 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
16 parties is in default of its obligations underthis Agreement, the parties not in default '
i � shall provide to the defaulting party thirty (30) days written notice before exercising
ls 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.
22 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 Agreement.
2 s 29. A copy of this Agreement shall be filed with the Clerk of the Circuit :
26 Court in and for Palm Beach County, Florlda. '
2� 30. This Agreement shall take affect upon execution and the effective date
z a shall be the date of execution.
-�-
'VILLAOE OF TEQUESTA - TEQUESTA DRIVE AND OLD DIXIE HZGHWAY TRAFFIC SIGNALS AND HEAVTIFICATION '
1 IN WITNESS WHEREOF, the parties have executed this Agreement and it is
2' effective on the date first above written.
3 VILLAGE OF TEQUESTA
4 '(VILLAGE SEAL) VILLAGE OF TEQUESTA,
5 BY ITS VILLAGE COUNCIL :
5 ATTEST:
� B B
s VILLAGE CLERK MAYOR
9 APPROVED AS TO FORM AND LEGAL SUFFICIENCY
i o By:
li VILLAGE ATTORNEY
12 '
13 ; PALM BEACH COUNTY
14
15 (COUNTY SEAL) PALM BEACH COUNTY, FLORIDA, BY ITS
16 BOARD OF COUNTY COMMISSIONERS
i� ATTEST:
18 < DOROTHY H. WILKEN, CLERK
19 By: By:
2 o DEPUTY CLERK , CHAIR
21 APPROVED AS TO FORM AND LEGAL SUFFICIENCY
22 By:
23 ASSISTANT COUNTY ATTORNEY
24 APPROVED AS TO TERMS AND CONDITIONS
25 By:
2 6 ASH1Median�2005AGMTS\Tequesta110504
-8-
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
Equipment, Furniture
TOTALPROJECT 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 $
County 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 nsed in accomplishing t6e 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
JolvF,s
����R Flagler Center Tower, Suite ll 00 M�n1i�lgAdclr
T ����'�'�N 505 South Flagler Drive Post Offlce Box 3475
Q � �.�-+T �-p�� ��. West Palm Beach, Flori�la 33401 West Palm Beach, Florida 33402.-3475
C,�l 1 V 1� � Telephone (561) 659-3000
Attorneys and Counselors
Scott G. Hawkins, Esquire
Direct Dial: 561-650-0460
Direct Fax: 561-650-0436
E-Mail: shawkins@jones-foster.com
December 2, 2004
Wendy K. Harrison
Special Products Coordinator
Village of Tequesta
250 Tequesta Drive
Suite 300
Tequesta, Florida 33469
RE: Interlocal Agreement with Palm Beach County for Tequesta Drive/Old Dixie
Highway Beautification; Our File Number: 13153.1
Dear Wendy:
This letter is in follow-up to our recent e-mail exchange.
I have reviewed the proposed Interlocal Agreement with Palm Beach County for
Tequesta Drive/Old Dixie Highway beautification. I note your request to the County
that it agreed to extend the time limit under Paragraph 9 of the draft �greement because
the subject project may take longer than one year to complete.
As advised, I have reviewed the agreement and determined that it is adequate as to
legal form and sufficiency.
Let me know if there is any further review required from this office. I will execute the
original agreement as required.
Very truly yours,
JONES, FOSTER, JOHNSTON & STUBBS, P.A.
� �
B y e' c�-e �
Scott G. Hawkins
N:\SGH\13153-1 \Itr\harrisori-002-sgh-12-02-04.doc
www.jones foster.com