HomeMy WebLinkAboutDocumentation_Regular_Tab 8a_08/14/2008~ VILLAGE OF TEQUESTA
'-~~ AGENDA ITEM TRANSMITTAL FORM
1. VILLAGE COUNCIL MEETING:
Meeting Date:
08/14/08 Meeting Type: Regular Ordinance #: !_;ick here tt~ ester text.
Consent Agenda: ~.r~~oos.L ~~~ ite~T~ Resolution #: Glick here to enter text
Originating Department: Village Manager
2. AGENDA ITEM TITLE: (Wording form the SUBJECT line of your staff report)
Request to approve Tequesta Bridge Rehabilitation Reimbursement Agreement between the Village of
Tequesta and Palm Beach County.
3. BUDGET /FINANCIAL IMPACT:
Account #: t_'iCK here to enter text. Amount of this item: Flick here to enter text.
Current Budgeted Amount Available: Amount Remaining after item:
L_ ~ F ~ :l~f ,f_'kt ~~,~ F ~;G f.' :li f: ~ r~~ ;eft
Budget Transfer Required: Choose an Appropriate Fund Balance: Choose ~:n item.
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4. EXECUTIVE SUMMARY OF MAJOR ISSUES: (This is a snap shot description of the agenda item)
Request to approve the Tequesta Bridge Rehabilitation Reimbursement Agreement from Palm Beach
County. Palm Beach County will provide a reimbursement of $50,000.00 for improvements made to the
bridge.
5. AI'F'KUVALS:
Dept. Head: Fina a Director:
Attorney: (for legal sufficiency)
G _ ~,
Village Manager: ~~
• SUBMIT FOR COUNCIL DISCUSSION: [~
• APPROVE ITEM: ~°
Yes ^ No ^
• DENY ITEM: ^
MEMORANDUM
Village of Tequesta
Administration
TO: Village Council
FROM: Michael Couzzo, Village Manage
DATE: August 12, 2008
SUBJECT: Authorizing to approve the Tequesta Bridge Rehabilitation Reimbursement
Agreement between the Village of Tequesta and Palm Beach County
Attached for your review and approval is
Reimbursement Agreement between the Village
Upon approval of this agreement Palm Beach
$50,000.00 for improvements made to the bridge.
the Tequesta Bridge Rehabilitation
of Tequesta and Palm Beach County.
County will provide reimbursement of
I respectfully request Council approval.
August 12, 2008
Department of Engineering
and Public Works
P.O. Box 21229
West Palm Beach, FL 33416-1229
(561)684-4000
www.pbcgov.com
^
Palm Beach County
Board of County
Commissioners
Addie L. Greene, Chairperson
Jeff Koons, Vice Chair
Karen T. Marcus
Robert J. Kanjian
Mary McCarty
Burt Aaronson
Jess R. Santamaria
County Administrator
Robert Weisman
An Equa! Opportunity
Affirmative Action Employer °
Michael Couzzo
Village Manager
Village of Tequesta
345 Tequesta Drive
Tequesta Florida 33409
Re: Tequesta Drive Bridge Rehabilitation
Dear Mr. Couzzo:
Enclosed are two originals of the Reimbursement Agreement in
the amount of $50,000 for the subject location. Please have
both originals executed by the designated officials and returned
to me.
Following the Board action, one fully executed original of the
Agreement will be sent to you for your records.
Any questions regarding this issue, please do not hesitate to call
me at 561-684-4018.
Sincerely,
~/ " ~
V \
Owen Miley
Special Projects Coordinator
OM:cp
Encls.
N:\ADMIN\Owen Letters\Tequesta Dr Bridge Rehab.doc
printed on recyc%d paper
1 ' ' REIMBURSEMENT AGREEMENT
2 ' ' VILLAGE OF TEQUESTA
3 TEQUESTA DRIVE BRIDGE REHABILITATION
4
5 ! THIS REIMBURSEMENT AGREEMENT is made and entered into this day
6 of , 2008, by and between the VILLAGE OF TEQUESTA, a municipal
7 corporation of the State of Florida, hereinafter "VILLAGE", and PALM BEACH
8 ! COUNTY, a political subdivision of the State of Florida, hereinafter "COUNTY".
9
to ''i WITNESSETH:
11 WHEREAS, VILLAGE is rebuilding their existing two lane bridge # 930227 on
12 ' Tequesta Drive over the North Fork of the Loxahatchee River; and
13 WHEREAS, VILLAGE desires the financial support of the COUNTY for the
14 ! ! bridge design and designing the removal and re-location of all utilities presently
15 installed on the bridge hereinafter "IMPROVEMENTS"; and
16 ! ! WHEREAS, COUNTY believes that these efforts by VILLAGE serve a public
17 ', purpose and wishes to provide for the cost of the IMPROVEMENTS by providing
18 !' reimbursement funding from Board of County Commissioners Reserves from ',
19 District 1 in an amount not to exceed FIFTY THOUSAND and 00/100 Dollars
2 0 ($50,000.00); and
21 WHEREAS, After completion, VILLAGE will be responsible for the perpetual '
22 maintenance of the IMPROVEMENTS.
23 NOW, THEREFORE, inconsideration of the mutual covenants, promises, and
24 agreements herein contained, the parties agree as follows:
25 1. The above recitals are true, correct and are incorporated herein.
26 ' 2. COUNTY agrees to provide to VILLAGE reimbursement funding for
27 documented costs for the IMPROVEMENTS from Commission District 1 '.
28 Discretionary Funds for Improvements in an amount not to exceed FIFTY
2 9 THOUSAND AND 00/100 DOLLARS ($50,000.00).
30 '' 3. COUNTY agrees to reimburse VILLAGE the amount established in
31 paragraph 2 for costs (materials and labor) associated with the IMPROVEMENTS,
32 ;upon VILLAGE's submission of acceptable documentation needed to substantiate
3 3 their costs for the IMPROVEMENTS. COUNTY will use its best efforts to provide said
1
1 funds to VILLAGE on a reimbursement basis within forty-five (45) days of receipt of
2 all information required in Paragraph 6, below.
3 4. COUNTY's obligation is limited to its payment obligation and shall have
4 no obligation to any other person or entity. The COUNTY'S performance and
5 obligation to pay under this contractfor subsequent fiscal years is contingent upon
6 annual appropriations for this purpose by the Board of County Commissioners.
~ ' ' 5. VILLAGE agrees to assume all responsibility for bidding, contract
8 preparation, and contract administration for the IMPROVEMENTS, including
9 '';; payment(s) to contractor(s), pursuant to all applicable governmental laws and
to 'regulations and permitting requirements in designing, completing and maintaining
11 ' !the IMPROVEMENTS.
12 6. VILLAGE will obtain or provide all labor and materials associated with
13 the IMPROVEMENTS. COUNTY shall have the final determination of eligibility for
14 reimbursement. VILLAGE shall furnish the Special Projects Coordinator, of
15 COUNTY'S Department of Engineering and Public Works with a requestfor payment
16 supported by the following:
1~ a. A statement from a Florida Registered Engineer, that the
18 IMPROVEMENTS have been completed and are in accordance with FDOT
19 Design Standards 2008, and;
20 b. A Contract Payment Request Form and a Contractual Services
21 Purchases Schedule Form, attached hereto and incorporated herein as Exhibit
22 "A" (pages 1 and 2) which are required for each and every reimbursement
23 ! requested by VILLAGE. Said information shall list each invoice paid by
24 VILLAGE and shall include the vendor invoice number, invoice date, and the
2 5 amount paid by VILLAGE. VILLAGE shall attach a copy of each vendor invoice
2 6 paid by VILLAGE along with a copy of the respective check and shall make ,
27 reference thereof to the applicable item listed on the Contractual Services
28 Purchases Schedule Form. Further, the Program Administrator and the
2 9 Program Financial Officer for VILLAGE shall also certify that each vendor
2
1 invoice listed on the Contractual Services Purchases Schedule Form were
2 paid by VILLAGE as indicated.
3 7. VILLAGE shall maintain adequate records to justify all charges,
4 !expenses, and costs incurred in performing the IMPROVEMENTS for at least three
5 (3) years after the completion of such IMPROVEMENTS. COUNTY shall have access
6 ' to all books, records and documents as required in this Section for the purpose of
7 inspection or audit during normal business hours.
8 8. VILLAGE agrees to be responsible for the perpetual maintenance of the
9 IMPROVEMENTS following the completion and shall be solely responsible for
10 obtaining and complying with all necessary permits, approvals, and authorizations
11 from any federal, state, regional, or COUNTY agency which are required for the
12 subsequent maintenance of the IMPROVEMENTS.
13 9. All IMPROVEMENTS shall be completed and final invoices submitted to
14 ! COUNTY no later than October 1, 2010, and COUNTY shall have no obligation to
15 VILLAGE or any other entity or person for any cost incurred thereafter unless the ';
16 time for completion is extended by modification of this Agreement as provided
17 herein.
18 10. VILLAGE recognizes that it is an independent contractor, and not an
19 agent or servant of COUNTY or its Board of County Commissioners. In the event a
20 claim or lawsuit is brought against COUNTY, its officers, employees, servants or
21 agents, relating to the IMPROVEMENTS or any item which is the responsibility of
2 2 .VILLAGE, VILLAGE hereby agrees, to the extent permitted by law, to indemnify, save
2 3 and hold harmless COUNTY, its officers, employees, servants or agents, and to
24 defend said persons from any such claims, liabilities, causes of action and
2 5 judgments of any type whatsoever arising out of or relating to the negligent or
2 6 wrongful acts or omissions of VILLAGE relating to the obligations of VILLAGE under
27 ' this Agreement. VILLAGE, to the extent permitted by law, agrees to pay all costs,
2 8 attorney's fees and expenses incurred by COUNTY, its officers, employees, servants
3
1 : i or agents in connection with such claims, liabilities or suits except as may be
2 incurred due to the negligence of COUNTY.
3 11. VILLAGE shall, at all times during the term of this Agreement (the
4 installation and existence of the IMPROVEMENTS), maintain in force its status as an
5 insured municipal corporation.
6 12. As provided in F.S. 287.132-133, by entering into this Agreement or
7 !; performing any work in furtherance hereof, VILLAGE certifies that its affiliates,
8 suppliers, sub-contractors, and consultants who perform work hereunder, have not
9 been placed on the convicted vendor list maintained by the State of Florida
10 Department of Management Services within 36 months immediately preceding the
11 i date hereof. This notice is required by F.S. 287.133(3)(a).
12 13. VILLAGE shall require each contractor engaged by VILLAGE for work
13 associated with this Agreement to maintain:
14 a. Workers' Compensation coverage in accordance with Florida
15 Statutes, and;
16 b. Commercial General Liability coverage, including vehicle coverage,
17 in combined single limits of not less than ONE MILLION AND 001100
i s DOLLARS ($1,000,000.00). COUNTY shall be included in the coverage
19 as an additional insured.
20 c. A payment and performance bond for the total amount of the
21 improvements in accordance with Florida Statute 255.05.
22 14. In the event of termination, VILLAGE shall not be relieved of liability to
2 3 ;COUNTY for damages sustained by COUNTY by virtue of any breach of the contract
2 4 by VILLAGE; and COUNTY may withhold any payment to VILLAGE for the purpose
2 5 of set-off until such time as the exact amount of damages due COUNTY is
2 6 ;determined.
2 7 15. VILLAGE'S termination of this AGREEMENT shall result in all obligations
2 8 of COUNTY for funding contemplated herein to be canceled.
4
1 ,' 16. COUNTY and VILLAGE agree that no person shall, on the grounds of
2 ! !race, color, national origin, sexual orientation, religion or creed, sex, age, or
3 handicap be discriminated against in performance of the Agreement.
4 ' ' 17. COUNTY may, at COUNTY's discretion and for the duration of
5 IMPROVEMENTS, install signs within the public property or easement, notifying the
6 ;public that the IMPROVEMENTS were funded with COUNTY dollars.
7 ' 18. In the event that any section, paragraph, sentence, clause, or provision
8 'i hereof is held invalid by a court of competent jurisdiction, such holding shall not
9 affect the remaining portions of this Agreement and the same shall remain in full
l0 force and effect.
11 ' ' 19. All notices required to be given under this Agreement shall be in
12 !writing, and deemed sufficient to each party when sent by United States Mail,
13 ' ', postage prepaid, to the following:
14 AS TO COUNTY
15 Engineering and Public Works Department
16 Tanya N. McConnell, P.E.
17 Deputy County Engineer
18 2300 N. Jog Road
19 West Palm Beach, Florida 33411
20
21 AS TO VILLAGE
22
23 Michael Couzzo, Village Manager
2 4 Village of Tequesta
2 5 345 Tequesta Drive
2 6 Tequesta Florida 33409
2 7 561-575-6272 FAX 561-575-6203
28
2 9 20. This Agreement shall be construed and governed by the laws of the
3 0 State of Florida. Any and all legal action necessary to enforce this Agreement shall
31 be held in Palm Beach County. No remedy herein conferred upon any party is
32 intended to be exclusive of any other remedy, and each and every other remedy shall
3 3 be cumulative and shall be in addition to every other remedy given hereunder or now
34 or hereafter existing at law or in equity or by statute or otherwise. No single or
3 5 'partial exercise by any party of any right, power, or remedy shall preclude any other
3 6 or further exercise thereof.
5
1 21. Any costs or expenses (including reasonable attorney's fees)
2 associated with the enforcement of the terms and conditions of this Agreement
3 shall be borne by the respective parties; provided, however, that this clause pertains '.
4 ' only to the parties to the Agreement.
5 '' ` 22. Except as expressly permitted herein to the contrary, no modification,
6 amendment, or alteration in the terms or conditions contained herein shall be
~ effective unless contained in a written document executed with the same formality
8 . ' and equality of dignity herewith.
9 '' 23. Each party agrees to abide by all laws, orders, rules and regulations and
10 !VILLAGE will comply with all applicable governmental codes in the maintenance and
1l replacement of the IMPROVEMENTS.
12 24. The parties to this Agreement shall not be deemed to assume any
13 liability for the negligent or wrongful acts, or omissions of the other party (or
14 ;parties). Nothing contained herein shall be construed as a waiver, by any of the
15 !parties, of the liability limits established in Section 768.28, Florida Statutes.
16 25. VILLAGE shall promptly notify COUNTY of any lawsuit-related
1 ~ complaint, or cause of action threatened or commenced against it which arises out
18 ' of or relates, in any manner, to the performance of this Agreement.
19 26. The parties expressly covenant and agree that in the event any of -the
2 0 ' parties is in default of its obligations under this Agreement, the parties not in default
21 shall provide to the defaulting party thirty (30) days written notice before exercising
22 any of their rights.
2 3 27. The preparation of this Agreement has been a joint effort of the parties,
24 and the resulting document shall not, solely as a matter of judicial constraint, be
2 5 construed more severely against one of the parties than the other.
2 6 28. This Agreement represents the entire understanding of the parties, and
2 7 supersedes all other negotiations, representations, or agreements, either written or
28 oral, relating to this Agreement.
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1 29. A copy of this Agreement shall be filed with the Clerk of the Circuit
2 "! Court in and for Palm Beach County, Florida.
3 30. This Agreement shall take affect upon execution and the effective date
4 'shall be the date of execution.
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1 = i IN WITNESS WHEREOF, the parties have executed this Agreement and it is effective
2 '" on the day first above written.
3 PALM BEACH COUNTY, FLORIDA BY ITS VILLAGE OF TEQUESTA BY ITS
4 BOARD OF COUNTY COMMISSIONERS VILLAGE COMMISSION
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By: By.
7 ADDIE L. GREENE, CHAIRPERSON CHAIRPERSON
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11 (COUNTY SEAL) (VILLAGE SEAL)
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14 ! ATTEST: ATTEST:
15 ' ;SHARON R. BOCK, CLERK &
16 COMPTROLLER
17 By: gy;
18 DEPUTY CLERK VILLAGE CLERK
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21 APPROVED AS TO FORM AND LEGAL APPROVED AS TO FORM AND LEGAL
22 !SUFFICIENCY SUFFICENCY
2 3 ! By:
2 4 ASSISTANT COUNTY ATTORNEY
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2 7 ` : Date:
28 APPROVED AS TO TERMS AND
2 9 ' CONDITIONS
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31 By:
Date:
By:
VILLAGE ATTORNEY
Date:
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