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��, VILLAGE CLERK'S OFFICE
AGENDA ITEM ROUTING SHEET �'
Meeting Date: Meeting Type: �/�/orkshop Ordinance #: N/A
June 1, 2015 Consent Agenda: Yes Resolution #: N/A
Originating Department: Manager
� � � • • • • : � • • -�•
interlocai Agreement between Jupiter Inlet Colony, The Loxahatchee River Environmental Control
Uistrict and the Village of Tequesta for Joint Participation and Project Funding of the Jupiter Inlet
Colony Neighborhood Rehabilitation. The amended and restated agreement allnws for the moving ��i�
the location of the LRECD lift station from Como Park to 50 Colony Road, �long with a few other
cletails (ci�ti:E��rs 2�: r�o�aci width).
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Account #: N�q Amount of this item: N/A
Budgeted amount available: N � A Amount remaining after item: N/A
Budget transfer required: N Appropriate Fund Balance: N/A
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Interlocal Agreement between Jupiter Inlet Colony, The Loxahatchee River Environmental Control
�istrict and the Village of Tequesta for Joint Participation and Project Funding of the Jupiter Inlet
(;olony Neighborhood Rehabilitation. The amended and restated agreement allows for the moving �f
the location of the LRECD lift station from Como Park to 50 Colony Road, along with a few other
rtc�}aile lriittr�rc R rnarl �niirlthl �
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f�epartrrif:i�t Head
Legal (for legal sufficiency)
Finance Director or Representative � % f
Reviewed for Financial Sufficienc ❑ �- t r' �s r �� �S� U�'= ��G'� �
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No Financial Impact []
Village Managei :
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Submit for Council (�isc��ssion: �X�j
Approve Item: [J
Deny Item: r�
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Form Amended: 10/30/14
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�f�'1'LitLO(:A�, AG12L1?.1V(I;IV'1' �3I�:'1"W1�,Li�I ,�UPI'1'LR IIVY.�:'1' C+OLOI�IY, l�'LORCDA
AND
THE LOXAHATCHF.E RIVI+.R �NVIRONM�NTAL CONTROL DISTRICT
AND
'THE VILLAGE OF 1'LQUESTA
FOR JOINT PAI2TICIPATION AND PROJECT FUNDING OF THE
JUPITER INLET COLONY NLIGII130RHOOD R�iIABILITAI'ION
� THIS ;� �: ����.�� � � ;'.i? �°�;�:'''�"" . Interlocal Agreement, (heceinafter "Agreement"), is
anade �s of i:he (date) by and among Jupitei• Inlet Colony, � political
StlbC{(V1S1011 of ihe State of Plorida, (heceinaiter "TOWN"), the Loxahatchee River
Environmental Cont►•ol Disti•ict, a speciaf distcict independeiit govei•nmental entity existing under
the laws of Florida, (hereinafter "DIST'RIC'1"'), and the Village of Tequesta, a political
subdivision of the State of Florida, (hereinaf'ter "VII,LAGE"), each one constituting a public
agency defineci in Part I of Cha�tel• I 63, I'loi•ida St�tutes.
WHEREAS, the Loxahatchee River is a I�ederally designated wild ancl scenic River protected by
Federal law, State law, and local law.
WH�REAS, the Jupiter Inlet Colony is a m�anicipal coi•poration existing under the laws of the
St1te of F'lorida.
WHEI2EAS, the I_,oxahatchee River Environmental Control District is a multicounty,
independent special district of the State of Floi•ida a�eated by chaptec 71-822, Laws of Florida,
with a general objective of presecving and protecting environmental he�lth and public health
throughout the Loxah�tchee River watershed.
WHLREAS, the Village of'l�equesta is the pcovider of pot�ble watei• Co the'1'owri.
WHEREAS, neighborhooci sewering is an important component of the comprehensive approach
needed to address i•ivei• watei• quality, gr 'OUIICI W1t01 qu�lity, and the health oi'the commtmity and
natural resoucces in thu Loxahltchee River Watershed.
NOW, THER�FOI2E, in consideration of the �nutual covenants, pcomises, and representations
contained herein, tlle p�rties agcee as follows:
Sectio�l I . Recit als.
'T'he above recitals are true anct cocceet and are incor��oraCed herein.
Section 2. Project and Work to be Completed by the DIS'I'R1CT:
DISTRICI' sh111 provide design, permitting, construction and administrative services to the
Jupiter Inlet Colony Neighborhood Rehabilitation Ncoject ("PRO,II;C'I'"), which will include (a)
const►•uction of a gcavity sewei• system includin�; one on-site lifl station, (b) ceplaeement of tlie
Jupiter lnlet Colony Neighborhood Rehabilitation Interlocal Agreement
c;Yisting potable water system, (c) rehabilitation of and improvements to the existing stormwater
� ��;ystem, : .�:� (d) i•o�d restoratioi� ,��,� + {_�,�} � ��.�,�,�r,�,�h�„i;��, �. .�€=��,- <<�,,�I. Tlie PROJECT will
I�c ►noi•e specitically desci•ibed in a forChcoming set of Bid Documents.
Section 3. Proiect Scope:
A. GRAVITY SEWER SYS'I The pacties agree that Jupiter Inlet Colony shall have a gravity
sewec system constcucted to serve the community, although a low pressure sewc�• system will be
t�sed to sei•ve tt�e Jupiter Inlet Beach Club. Iiiitially, sewer system costs, incluciilig all eapejises
necess�r•y oc incident to completion of the sewei• system ilistallation (e.g., enginee�•ing desi�n,
permitting, engineering services dut•i�lg construction, constrr�ction, testing, and specifically
including restoi•ation), will be borne by the Loxahatchee IZiver District. Ultimately, 90% of these
costs will he recovered via a special assessment paid by affected propei•ty owners oi• Jupitel• Inlet
Colony (see Section 5 below).
B. POTABLE WA7'FR SYSTEM. The parCies agree that the Village of Tequesta will replace
existing potable water mains in Jupiter Inlet Colony as part of the sewering }�roject. Tl�e cost of
rcp(acing the potable watec infrastructure, includin�; �tll expenses necessary or incident to
completion of the potablc; water rehabilitation (e.b., engineering design, permitting, engineering
secvices during construction, conslruction, testing, and specifically not including restoration),
will be borne by the Village of Tec�uesta.
C. STORMWATER SYS'I'}=�M. The parties a�cee that Jupiter Inlet Colony will improve the
existing stoimwater system in Jupiter Inlet Colony as part of the sewering pr�ject. The cost of
improving the stormwatec infi•astructure, including a11 eYpenses necessary or ii�cident to
completion of the stoi•rnwatec system improvements (e.g., engineeriTig design, permitti�ig,
enginee��ing services ducing construetion, eonst�•uction, testing, and specifically ilot including
restoration), will be bo�•ne by Jupiter Inlet Colony. Iloweve►•, the pa►•Cies �tcknowleclge that an
exiiitration trencll shall be co�istructed ior disposal c�f dewatering of the site fot• sewet• system
constructioii, in accordance with the engineei•ing documents and tinancial terms otherwise set
forth in this agreement, and that the exfiltration tcench will be leti: in place to provide future
stormwater drainage for the Town.
D. ROAD IMPR�VBMLNTS. '1'he parties agree that the existing road will be restored to a
i�ni form �.�_' foot width as part of the restoration activities listed in Sectiou 3A. �� s���.� ��:��;���� �,
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:�cction 4. Responsibilities anci Dttties:
A. DISTRICT shall exectite � single Engineering Sei•vices Contract witl� ARCADIS IJ.S., Inc.
The scope of'this contract shall be mutualty agreeable to the District, Town, and Viliage, and
shall encoinpass the Iull Project scope. TOWN and VII.,LAGL will use their best efforts to
��rovide wt•itCen approv�l of, or suggested i•evisions to, the Engineet•ing Secvices Conteact within
thirCy (30) days of reccipt oF all rec�uii•ed documents. Approval shall tlot be uni•easonably
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Page 2
Jupiter Inlet Colony Neighborhoocl Rehabilitation Interlocal Agreement
withheld. The Engineering Services Contract shall include Plans and Contract Documents for the
Project construction and/or rehabilitation of gravity sewer, pot�ble water, stormwater, and road
� wo�k, and shall spec�fy costs for District, T'own, and Village. �!', "�>��,, � ,, ..� �E ��>i�it ,
.,� I! ��;�,.�,�: � „� f , .,,�,, l�;;t�izska�lfl_������ci��:(i���, , ,
13. DISTRICI' shaU produce Bid Documents b�sed upon the Plans and Contract Documents from
the Cngineering Services Contract, which shall encompass the full project scope. The
ll1STR[C"l standard `ii•ont end' bid documents have been reviewed and app�•oved by TOWN
and VILLAGE, and are attached as �;xhibit A.
C. DISTRICT shall execute a single Construction Contract with the lowest responsive,
responsible bidder pursuant to the District's Procurement Policy. The Construction Contract sh111
pl•ovide liquidated damages for late completion.
D. DISTRICT shall administer, construct, and inspect the Projeci in accordance with the Bid
Docume�its.
L. Costs shall be based upon aclual contcact costs usiug contcact unit prices, actual constcucted
quantities, and/oc equitable pco rata distribution of such costs (e.g., for general conditions,
mobilization, maintenance of traffic, etc). Lquitlble pro rata distribution shall mean 50%
District; 35% Village; 15% Town iu�less otherwise agreed to in writing. Quantities will be
measu►•ed by the DISTRIC�I� with concuri•ence by the TOWN andloc V[LLAGE.
l�. TOWN shall reimbucse DISTRICT any costs attrib�rtable to the stor�nwatei• system
� in�piovements in accoidance with Sections 4E and 6. � � '�,�:'��� �;°;; ; „�,�„�, � ����,�; �� �'� ,,��,
' ��,�. VILLAGL sh111 reimburse D[STRICT �tny
.i , �����,��� , ���I� i,�, ,::� �, ;,: ;�. .� ., , ., °i�:� �,�� .
costs attcibutable to potable water reh�bilitation in accordance with Sections 4E and 6.
G. D(STRIC`l� shall require the contractor to provide a Public Co��stcuction Bond in an amount
ec�ual to 1 10% of the conti•actoi•'s bid ior the Project and the Woi•k.
H. I�ISTRIC"[' shall obtain wcitCen approval fi•om the TOWN and/or V[LLAGC in advance of
any change orders that inccease the cost atlributable to the TOWN's and/or VILLAGE's Work to
an amount greater than specified in the contracted amount. Approval shall not be unreasonably
withheld. The 'I'OWN and/or VILI_,f1GG shall be respo�isible foi• change order costs incluciing
any costs associated with the TOWN'S and/or VII,LAGF_,'S failure to approve change orders in a
ti�ncly manner.
1. TOWN and VILLAGE shall make provision for independent inspection of all work related to
their intc�structure pi•ior to Gngineer's Certification of Completion, if' such inspection is desiced
by TOWN or VILLAGE.
J. 11�on receipt of rngineer's Certi�ication of' Completion,
I) D[STIZICT shall commence the one ( I) year Maintenance E3ond period;
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Page 3
Jupiter Inlet Colony Neighborhood Rehabilitation Interlocal Agreement
2) DISTRICT shall issue a I3i11 of Sale for pot�tble water system, �nd VILLAGE shall accept
ownership and operation of potable water system;
3) DISTR[CT issues Bill of Sale for stormwater system, and 1'OWN shall accept ownership
and opei•ation of stocmwater system;
4) DISTRIC7' shall accept ownership a»d opei•ation of wastewater• system; and
5) DISTRICT will retain i•esponsibility to repaii• potable watei•, stormwater, and wastewater
system defects due to materi�Lls oc workmanship thcoughout the one (1) ye�r Maintenance
Bond period.
J. DISTRICT shall require the contractor to provide a Maintenance Bond in the amount equal to
50% of the contract price guarat�teeing the rep�ir of all damages due to iinproper materials or
woclananship foc a period of one (1) year af�er the acceptance of the Work by the District.
K. At the end of the one (1) year Maintenance E3ond per•iod all responsibility foi• ►•epair and
Ynaintenance shall automatically be transferred to system owiiei•.
Section 5. Planning 1nd Itnplement�ition
A. The TOWN's approval of this A�reement sh�ll constitute tinal approval of extension of the
sewer system within the corporate limits of Jupiter Inlet Colony, meeting the requirements of
Jupiter Inlet Colony Cocie of Oi•di�lances and applicable rules and i•egulations of TOWN. Tliis
tinal approval is for the sewer lines and appurtenances in the public highways.
B. TOWN agrees to modify their compi•ehensive plan to allow sewers consistent with this
agi•eement.
C. DISTRICT will submit plans and ineet inlormally with TOWN E3uilding Department staff on
construc�ion plans and reply to reasoliable requests. TOWN will issue the permit(s).
��. � � ���"i��i�� ��. �� � i� .. i. �, i ,'.� ���... u.�..,� ,��� �'l �l .ai� ,, i� �i';^,
� ,. , �J' ,� i'.11 _ ��i:'.(,.iY. �� �.
`l'OWN approves the placement of one (1) lift station within TOWN's �rc�erl at �et�-�
.i,�� ��?�;0 ''��I.�i��,� it�r;�l (�>;;r��:�l ;' .i"� "I'fl �if>c�,�,; to ���v
, .. � „ , �,
. �. il..?7'. "1(�',IIi��.t'.I��IiIS' IL('„ I�s;(�!II1�; (l) � :�O�:'rlll' lll� 11�1 .;I �..I`:):!. 1�..7111 �'.;I��;��'.� 1. �'. �Uitl�� ,���', I.-. �'�'�.
��.(.z,,t.t ;:�;,�ri, DIST'RICT agrees to iticlude a backup generatoc and re11 time comm�oiication
system in the lift station desibn. DISTRICI' will seek to use alternative communications
technology (e.g., telephone, wifi) to mitlimize aesthetic impacts to neighboring properties.
E. No special exception public liearing o►• site plan review will be needed for the sewec system
in Jupiter Inlet Colony.
F. TOWN and VILLAGE will employ their best faith efforts, in conjur�ction with DISTRICT's
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- Page 4•
Jupiter Inlet Colo��y Neighborhood Rehabilitation Intertocal Agreement
efforl, to avoid unusually cestrictive and unnecessarily expensive permit conditions (e.g.,
dewatering pe►•mit).
G. 7'OWN will aid in secui•ing the cooperation of the Beach Club �nci ownei•s of vacant pai•cels
within TOWN so that during the construction Pcoject the contcacto�• may use a portion of these
areas for storage of ec�uipment and materials.
H. TOWN �rants DISTRICT permission to use 'I'OWN Stormwater Utility infi•astructure,
including drainage inlets and lines to facilitate dewatering during constcuction, which use may be
limited by the TOWN if the dewatering woiild overload Stormwater Utility infi•astcucture during
severe storm and weather conditions. DIST'RICT shall obtain all applicable permits necessary to
utilize the Town's stormwater infrastcucture for dewatering activities and shall be �•esponsibie for
any environmental dama�es caused by the use of the Town's stormwater infrastructure fo►•
dewztering activities.
I. DIS7'RICT will rec�uire all contcactors to conduct their work in accordance with the District's
Constcuction Standards and Technical Specitications provided such specifications ace not in
con(lict with this Agreement. For work on the potable w�ter system, contractors will be required
to conduct work in accordance with the VILLAGE's Construction Standards provided such
specifications are not in conflict with this Agreement. For work on the stormwater system,
contractors will be required to conduct work in accorciance witl� the TOWN's' Construction
Standards provided such specifications are not in contlict with this Agreement.
J. UIS"l'RIC'T will pcovide co�lstruction infoi•mation matei•ials to homeowners pi•ior to start o{'
construction. This will include det�tils of construction, homeowner, contractor and DISTRICT
responsibilities and liabilities, and 1 projected timetable for construction.
K. DISTRIC"I' will hold a preconstcuction meetinb and peciodic progress tneetings as may be
needed.
L. DISTR[CT will provide property ownecs with the choice of the location of theic connection
point.
M. Construction will be pecmitted within the TOWN Monday through Saturday, 8:00 A.M. to
6:00 P.M. Construction is not permitted on Sunday oi• legal holidays u►iless approved in wj•iting
by the TOWN. Uewatering will be permitted to occur 24 hours per day 7 days per week.
� N. DISTRIC"I' will make all ►•easonable effoi��s to begin constcuction in �� ;,.�:' !. �I �; 2015.
O. DISTRIC7''s laboratory staff will conduct dewatering turbidity monitorin�; during non-
holiday weekdays to minimize costs.
P. DIS'[ will have the Contcactor restore drives, mailboxes, sod, sprinkler systems, and
othec imp�•ovements that are damaged during construction. I-Iowever, the DISTRICT will not be
responsible to replace petsonal items or specimen landscape materials in the cight-of-way.
p..,....,�.4.
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Page 5
Jupire�• Inlet Colony Neighborhood Rehabilitation Interlocal Agreement
TOWN shall be responsible to restore drives outside of the right-of-way for all reasons other
lhan contractor �legligei�ce.
Q. '1'OWN grants DIST'tZIC'I' the 1'ermanent Easement(s) and 7'empo►•ary Construction
l;asement(s), the legal descriUtio�as of which ace in Exhibit B attached hereto and made a part
hereof. The TOWN sha(1 provide the fully signed Permanent �asement(s) and `I'emporaiy
Construction Easement(s) in recordlble form to the D[STRIC'1 within thirty (30) days of the
signing of this f1�;reement.
Section 6. Pa�ncnts/Invoicing and Reimbursemeilt
The DISTRIC"I' will ii�voice the TOWN and/or VILLAGF., on a periodic basis during
r.oalstruction of Che Y►•oject. �Che TOWN aild VILL,AGE; a�cee to pcovide to DIS"I�RICI�
reimbursement funding t<�r documented costs foc the Project pursuai�t to cost responsibilities
� establisl�ed in Sectioi�����_ 3. ��"�; �;. Upon DISTRICT'S submissi�u of acceptable docu�ncnts nceded
lo subst��ntiate their costs for the Pa'oject, "I�OWN and/or VILI,AGE will i.�se thcir best efforts to
}�covicie said fui�ds to I�ISTRIC`T' on a ceimb�yrsemerit basis withi» tl�ir�y (30) days of receipt of
all reqi.�ii'ed docurncnts. DISTRIC"I� shall submit all invoices to the '['OWN �tnd/or VILLAGt?
identifying the wock completed, including D1S'fRIC'i''S tot�ll expenditure for the Pcoject, and
identifying the amount 1t�i•ibutable to the �vork completed based upon tl7e executed Construction
Contract. UIS"1'RIC'l� shall supply c111y fUPtI1C,C CIOCLlI7lCIl11L1011 such as copies of paid receipts,
c�inccled checks, invoices and othei• doc�unents deemed necessa�y by the "i'OWN and/oc
V11,1,AC;f; �vithin fourteen (14) calendar days oi� cequest by the TOWN and/oc VILLAGE;.
Ii�voices i•eceived fi•om DISTRIC'I' will be ceviewed and a�pi•oved by the 'TOWN and/or
VILL,nGI� to ii�sure that expenditures have been made in conformity ��vith this Agreement.
Invoiccs will noril�ally be paid within thii•ty (30) days following approval.
"I'he Project will be administered l�y tlle DlS"I'1ZIC'1'. nnly tl�ose costs inciirred by the DIS"1'RICT
reiatin� to the Projcct are eli�ible for reimbursement t�y thc "I'�WN ��nd/oi� VI1J,/1GE; pu►suant
to the terms and conditions heceof. ln the event the lllS'�1'RIC"I' ce�ises or srispends the Project foc
�iny rcason, the "I'OWN and/o�� ViLt,AGE wi(I reimburse Che D1S"L'RIC"1' for ti�e worl< coi����leted
I'oi• Che Yroject; pi•ovided, DIS�IRICT s1�a11 ce�se or sus�end the Pcoject only in the event of an
act o1'God or some other unforeseen or catastrophic event.
Section 7. Sewer Assessm
n. DIS`['RICT will pay tei� �)el'CL111 �IO ol� lhe total cost Of COIIStI'llCt1011, reconstruction,
restoration, labor, �T�ateri�(s, acquisition ol'pcoperty rights, surveys, desigr�, engineerin� ai�d l�gal
fees, administcativic expei�ses, and all otllci• expcnses necessary oi• inciclental to completion o1'
gr��vity sewec installation, includii�g reconstruction and restoration of the 7'OWN'S road �nd
existing swales. 7'he rem�uniiig ninety percent (90%) will be the "/�ssessment" to tl�e property
owners in the 7'own in accordlnce witl� District Rule 31�1 I. ;�! , �t�t�ls���- �:;�i,� ,_
�� ir; ��'i= iiu; �1(f .;i It�,,, it si;, , ��'i �,!-,. i`U i1C�, itlltr tl�� GUS�S llC;CCSS�1Cy �O
_ .
���:<_���ii� ��ttt� tltc ci�lr�� t�vzty :,I►t711 I,E�._�ti iiif; d_�� r�!I'� _,c,l
�'- - ----- _ — - ---- �---
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Jupiter Inlet Colony Neighborhood Rehabilitation Interlocal Agreement
E3. If the DIS"1'RIC"1' tinances the Assessment tI1C C0111�)IIlOCI assessinent may be financed over
20 years at a rate not to exceed 6.875%�. '1'herc will bc no pre-payment penalty and no due-on-
sale clause. 'l'he nssc;ssment wi(1 bc on the non ad v�tloreni tax bill. llowevec, `I may p�ty
c�17� the Assessment ii� Pull ��rior to DIS"I'RICrI' cectiiyin�; thc /�ssessment to the County T�x
� Collector. r�� �-,��u��l� 4,�,�;���; 'I'OWN in thcic sole discretioi� will cietermine Assessment fiinance
<<�rms �for the afl�ected properties.
C. �f'he DIS"IR.[C"l will provide � one-Cimc c;redit in tl�e amo�_int of $54,000.00 towards t1�e
assessment amo�.int, at �he tii��e t}�e I�ISTRIC"I' Govecr�ii�g l3oard corrfirms the final Special �
�lssessment Roll, in conside►•�ition oPtliis Inteclocal Agreement.
Section 8. Cj•edits, Gr�u�ts, and T'ees:
A. Credits
J) DIS`['RICT wil) pa•ovide a$500 subsidy of the Itegio�lal Connection Charge foi• all
propei•ties with a bi►ilding or structure h��vin�; a ceclific�te of occup�ncy pi�ioi• to I Api•il
l9bl. IP necessary, DIS"I will tinance the remaining bal�iice of the Regional
Connection C n����e i��� �„�i������►��i �����nf ;rties, Poc uE� to 3 yea�•s at 8.0% interesl.
2) DIS'T'RIC'1' will provide free inspections of' onsite sewer connections and will waive the
septic disposal fec at the I)IS`1'RIC'f foc fin�l pumping af scptic tanks du►•ing the one yeai•
connection periocl.
3) "TOWN will waive the collection of �iny ��ermit or license fee as established by the
TOWN COC�(; O� Ol'(I111�111C�S Ill COIII1CCllOt1 WIlII SCWeP SySl�i71 CO11St1'UCL1011, as �I'OWN's
contcibution to reduce the Assessmeni costs to ��flected property owners.
4) DISTRICT will deliver, without charbing a delivery fiee, the low pj•essw•c pumping unit
�ind appurCenances necessary to secv� the I3e�ch Club.
B. DIS7'RICT has submit�ed a gr���t pcoposal, in the amount of $600,000, to the I,oXahatc}�ee
River 1'rese►vltion lnitiativc for neighbochood sewering o9' TOWN. 1(' 1'unclecl, grant ��roceeds
will be evenly divided among assessed properCies, and �p��lied to the coni�ection fee during t�he
one year connection perioc(. If not funded, t:he lack ol' iimdir�g will h�ve no effecl on the status oi'
this agreement.
C. All residential TOWN sewer customers will pay tl�e same quarterly rate th�t DISTRICT
chai•ges all othec sewer custo�l�ei•s �s established in D1S7'RfCT Rule 31-10.
Section 9. Connectio to S ewec :
/1. ['ropet•ty ownej•s wil) have I?.. months to connect to the sewcc system after the system has been
decl�red available by the 1-(ealth Dep�icCment, in accord flllL'C W11I1 I � locida Statutes.
Section 10. Definitions:
_� �.---�—�-------- -- P 7�
Jupiter Inlet Coiony Neighborhood Rehabilftation Interlocal Agreement
"Restoration" is defined as the process of restoring a property back to pre-loss condition after
sustaining damage due to neighborhood rehabilitation activities. For example, areas within the
right-of-way that are damaged by the contractor will be restored to pre-project conditions.
"Rehabilitation" is defined as the process of returning an asset (e.g., pipe, vaive) to a state of
utility, through repair or alteration, so that the asset is suitable for contemporary use. Far
example, a segment of stormwater pipe was rshabilitated using a cured in place liner.
Section 1 l. Access and Audits:
TOWN, VILLAGE and DISTRICT shall maintain books, records, and documents to justify a11
charges, expenses and costs incurred under this Agreement and in performing the Project, in
accordance with Generally Accepted Accounting Principles (GAAP), as promulgated by the
Government Finance Officers Association from time to time. The TOWN, VILLAGE and
DISTRICT shall have access to ail books, r�cards, and documents as required in this Agreement,
and for at least three (3} years after completion of the Project. In the event any work is
subcontracted by TOWN and/or VILLAGE, TOWN ancUor VILLAGE shall similarly require
each Contractor and subcontractor to maintain and allow access to such records for audit
purposes.
Section 12. Independent Cant�actor:
TOWN, VILLAGE and the DISTRICT 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. Ali TOWN and/or VILLAGE employees engaged in the work or
services performed pursuant to this Agreement sha11 at all times, and in all places, be subject to
TOWN and/or VII,LAGE sole direction, supervision, and control. All DISTRICT employees
engaged in the work or services performed pursuant to this Agreement shall at all times, and in
all places, be subject to DISTRICT's sole direction, supervision, and control. The Parties sh�ll
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
shali be that of an Independent Contractor and not as employees or agents of the other.
The relationship between the parties, and their duties to ea,ch other, are as set forth in this
Agreement. No party has the power or authority to bind any other party to any promise or
representation, except as set forth in this Agreement, as executed or amended.
Section 13. Personnel:
DISTRICT has, or will secure at its own expense, all necessary personnel required to perform the
services under this Agreemen� Such personnel shall not be employees of or have any contractual
relatiQnship with the TOWN and/or VILLAGE. All of the services required herein under shall be
performed by DISTRICT or its contractor, and personnel engaged in performing the services
shall be fu11y qualified and, if required, authorized or permitted under state and local law to
perform such services. All of DISTRICTS persoruiel, Contractors and alI subcontractors while
Page 8
Jupiter In1et Colony Neig6bor600d Rehabilitation Interlocal Agreement
on DISTRICT premises wili conduct themselves in an acceptable manner and follow acceptable
safety and security procedures.
Section 14. Further Liti�ation and Legal Challen�es
The par�ies to the Agreement agree to dismiss pending litigation and not initiate new legal
challenges retateci to this sewer proj�t, except that the parties reserve their legal rights to enforce
the terms of this Agreemen� All parties agree nat to pursue future personal litigation agains� any
persons involved in and arising out of the pending Iitigation. The Parties atso agre�e to actively
participate in the joint defense af this Agreement, if #here is a third parly legal challenge to its
terms. In addition, no party will seek reimbursement in court from any party to this Agreernent
for attomey's fees or costs associated with tiie joint defense of tttis Agreement; however, all
parties may seek fees or costs from third parties as otherwise provided by law.
Section 15. Indemnification:
The TOWN, VILLAGE and DISTRICT recognize their liability for certain tortiaus acts of its
agents, officers, employees and invitees to the extetat and limits provided in Section 768.28,
Florida Statutes. To the extent permitted by law, the TOWN, VILLAGE and DISTRICT shall
indemnify, defend and hold the other harmless against any actions, claims and damages arising
out of the TOWN, VILLAGE and/or DISTRICT'S negligence in connection with the Project and
the use of the funds provided under this Agreement. The foregoing indemnification shall not
constitute a waiver of sovereign immunity beyond the limits set forth in Section 7b8.28, Florida
Statutes, nor shall the same ix construed to constitute an agreement by the TOWN, VILLAGE or
DISTRICT to indemnify each other for wiilful or intentional acts of the other. The foregoing
indemnification shall survive termination of this Agreement.
Section 16. Annual Appropriation:
All provisions of this Agreement calling for the expenditure of ad valorem taar money by either
the TOWN, VILLAGE or the DISTRICT are subject to annual budgetary funding and should
either Party involuntarily fail to fund any of their respective obligatians pursuant to the
Agreement, tliis Agreement may be tenminated. However, once the Project has been awarded to
the DISTRICT cont�actor, it shall be prosecuted to completion and this Agreement shall be
binding upon the parties and neither party shall have the right to terminate the subject Agreement
for the reason that the sufficient funds aze not avaiiable for the construction of the Project.
Sectian I7. Breach and Opporiunity to Cure:
The parties expressly covenant and agree that in the event any party is in default of its
abligations under this Agreement, each party shatl have thirty (30) days written notice before
exercising any of its rights.
Section 1 S. Enforcement Costs:
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Jupiter Inlet Colony Neighborhood Rehabilitation Interlocal Agreement
Any costs or expenses (including reasonable attorney's fees) associated with the enforcement of
. the terms and conditions of this Agreement shall be borne by the respective parties.
Section I9. Notice:
All notices required to be given under this Agreement shall be in writing, and deemed sufficient
to each party when sent by United States Mail, postage prepaid, to the folIowing:
All notice to the DISTICT shall be sent to:
D. Albrey Arrington, Ph.D., Executive Director
Loxahatchee River Environmental Control District
2500 Jupiter Park Drive
Jupiter, FL 33458
All notice to the TOWN shall be sent to:
Mayor Daniel J. Comerford, III
Town of Jupiter Inlet CoIony
I Colony Road
Jupiter Inlet Colony, FL 33469
All notice to the VILLAGE shall be sent to:
Michael R. Couzzo, Jr., Village Manager
Viltage of Tequesta
345 Tequesta Thive
Tequesta, FL 33469
Section 20. Modification and Amendment:
Except as expressly permitted herein to the contrary, no modification, amendment or alteration in
the terms or conditions contained herein shall be effective unless contained in a written
document execated with the same formality and equaiity of dignity herewith.
Section 21. Remedies: �
This Agreement shall be governed by and in accordance with the laws of the State of Florida.
Any iegal action necessary to enforce titis Agr�ment sha11 be held in Palm Beach County. No
remedy herein conferred upon any parry is intended to be exclusive of any other remedy, and
each and every such remedy shall be cumulative and shalt be in addition to every other remedy
given hereunder ox now or hereafter e�sting at law or in equity by sta#ute or otherwise. No
single or partial exercise by any party of any right, power or remedy hereunder shall preclude
any other or further exercise thereof.
Section 22. No Waiver:
Any waiver by any 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, sha11 not be deemed a
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Jupiter Inlet Colony Neighborhood Rehabilitation Interlocal Agreement
waiver with respect to any subsequeat default or other matter.
Section 23. Joint Preparation:
The preparation of this Agreement has been a joint effort of the paities, and the resulting
document shall not, solely as a matter of judiciat constraint, be construed more strictly against
one of the parties than the other.
Section 24. Equat Opportunity:
TOWN, VILLAGE and DISTRICT agree that no person shall, on the grounds of age, race, color,
sex, national origin, disability, religion, ancestry, marital status, and familial status, be excluded
from the benefits of, or be subjected to any form of discrimination under any activity carried out
by the performance of this Agreement. DISTRICT will ensure that all contracts let for the Project
pursuant to the terms of this Agreement will contain a similar no�-discrimination and equal
opportunity clause.
Section 25. Execution
This Agreement may be executed in two or more counterparts, each of which shall be deemed an
original, but alI of which together shall constitute one and the same instrument.
Section 26. Recording
A copy of this Agreement shall be recorded with the Palm Beach County Clerk of Court.
Section 27. Terminatian
This Agreement rnay be terminated by any party to this Agreement upon sixty (60) days written
natice to the other party, except as otherwise addressed in this Agreemen� Hawever, once the
Construction Contract (Section 4C) has been executed by the DISTRICT Goveming Board, the
Construction Contract shall be prosecuted to completion and this Agreement shall be binding
upon the parties and no party sha11 have the right to terminate the subject Agreement.
Section 28. Public Entitv Crime Certification:
As provided in F.S. 287.132-133, as may be amended from time to time, by entering into this
Agreement or performing any work in furtherance hereof, DISTRICT shatl have its cont�actors
certify that their af�liates, suppliers, subcontractors and 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 thirry-s� (3b) months immediately preceding the date hereof.
This notice is required by F.S. 287.133 (3�a).
Section 29. Severabilitv:
Pa�e 11
Jupiter Ialet Cviony Neighborhood Rehabilitation Interlocal Agreement
If any secrion, paragraph, sentence, clause or provision of this Agreement is for any reason held
by a court of competent jurisdiction to be unconstitutional, inoperative, or void, such holding
shall not affect the remaining portions of this Agreemen�
Section 30. Entiretv of Ag�eement:
TOWN, VILLAGE and DISTRICT agree that this Ageement sets forth the entire Agreement
between the parties, and there are no promises or understandings other than thase stated herein.
Section 31. Survival:
The obligations, rights, and remedies af the Parties hereunder, which by their nature survive the
termin�tion of this Agreement or the completion of the Project, shall survive such termination or
Project completion and inure to the benefit of the Parties.
Section 32. Term:
The term of this Agreement shall be effective on the date of execution of this Agreement by a11
parties.
Page 12
Jupiter Inlet Colouy Neighborhood Rehabilitation Interlocal Agreeme»t
1N V�ITNESS WHLREOF, the undersigned p�rties have executed this Interlocal Ag►•eement on
the d1y and year first written abc�ve.
.IUPITER INLF_,T t�OI,ONY LOXAHATCHCE R1VLR DIS'TRICT
13Y ITS l�Y I'�I'S
TOWN COUNCNI, GOVERNING BOARD
— y - ------- , � �;o .e� . , t;� i�;�;7; Chaij•man
� C�°. llaniel t,omerford, iTI., l�layor . _ �, ,t „ _ ,a � , ,... ��
ATTES I': ATTEST:
TOWN CL.CRK D. Albrey Arcington, I'hU, Executive llicector
DIS"1'R[CT CLERIC
�1PPROVED AS r1 111'1'IZOVED AS TO POIZM
AND LL�,GAL SUI�F'ICIE;NCY AND LEGAL SUFFICIENCY
`I'OWN A'1"I'ORN�Y Ciii•lis Slienlc�nan, DISTRIC'I' �1'I'TORNFY
�'I'OWN Date: , 20I'>�' DlS"I'KICT Date: _ , 2U1'>�i
VILLAGE OF TEQUESTIA
[3Y ITS
VII.,LAGL; COUNCIL
/1 bby Brennan, Mayor
A'I"I'EST:
VILLAGE CLERK (DATE)
nPPROVI?[) AS TO I�ORM
nND LL;GAL, SUFF'ICIENCY
VILLAGI_; ATTORNI?Y
( e�IC,LAGC Date: , 201 - '.-
��„�.. ,�..�. ,��--__.�.._ _._,:�..:�
--- -- -- - -- --- ------ - ___ ___—._� � - ----- - -----__--__ -- _ --- ---__ _ --- ---- _ - -- __
Page 13
Jupiter Inlet Colony Neighborhood Rehebilitation Interlocal A,greement
Exhibit A:
The DISTRICT's standard `front end' bid doeuments are incorporated herein by reference.
Page 14
Jupiter Inlet Colony Neighborhood Rehabilitation Interlocat Agreement
Exhibit B:
The Jupiter Inlet Colony authorizes Lase of the existing public roacts, as dedicated on the I'lat of
.Tll�)IICI Inlet Beach Colony appi•oved 13 December 1954, for the installation and maintenance of
. sc�vci• syt;�e;n asscit; �ttici �,p��ui'C<;[i�iit.c,cs.
�i'I��; .I��t>iter lnlet Colony authorizes use of appcoximately 1,200 square feet of the nortlr.���������ern
��ortion of . � , ����� , � , , , .���;� . f,..
� � ' ' t � � � t the
� , , . , . . _ , �,, .. ,, ,.,,.. ,,,
i�istallation a�id tn�i�ltenance oFa sewec lift station and appurCenances.
..._______ _ ._ --,--____.__--------_ _.__-------_.___.___. _. .__._--------------------.-----._.__._.__.____.____. ---.-------
- - - Pat;c �1.5