2009-38 Financial Assistance Agreement for Prosperity Farms Road Landscape MaintenanceRESOLUTION 2009-38
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA, APPROVING A FINANCIAL
ASSISTANCE AGREEMENT WITH PALM BEACH COUNTY FOR THE
RECEIPT OF $10,000.00 TOWARD LANDSCAPE MAINTENANCE COSTS
FOR THE PROSPERITY FARMS ROAD IMPROVEMENTS AND
AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE THE
AGREEMENT; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Village has completed roadway improvements to Prosperity Farms Road from
Northlake Boulevard to Burns Road, including the installation of landscape improvements; and
WHEREAS, through the execution of Financial Assistance Agreements between the Village and
Palm Beach County, the County has reimbursed the Village approximately $1,305,000.00 toward
the cost of such improvements; and
WHEREAS, these prior Financial Assistance Agreements require perpetual maintenance of the
landscape improvements by the Village (and the adjacent property owners as required by Village
Ordinance}; and
WHEREAS, through the execution of an additional Financial Assistance Agreement, the County
has agreed to reimburse the Village an additional $10,000.00 toward maintenance costs incurred
by the Village within one-year of execution of the Agreement; and
WHEREAS, the Village Council determines that approval of the Financial Assistance Agreement
with the County benefits the health, safety and welfare ofthe Village and its residents.
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE
OF NORTH PALM BEACH, FLORIDA, as follows:
Section 1. The foregoing recitals are hereby adapted and incorporated herein.
Section 2. The Village Council hereby approves the Financial Assistance Agreement
between the Village and Palm Leach County, a copy of which is attached hereto and
incorporated herein, relating to reimbursement funding of up to $10,000.00 for maintenance of
the Prosperity Farms Road landscaping improvements and authorizes and directs the Mayor and
Village Clerk to execute the Agreerrient on behalf of the Village.
Section 3. This Resolution shall take affect imm
PASSED AND ADOPTED THIS 11th DAY OF JU
(~+'illage Seal}
ATTEST:
VILLAGE CLERK
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R2009~12 37
FINANCIAL ASSISTANCE AGREEMENT WITH THE VILLAGE OF NORTH PALM
BEACH REGARDING PROSPERITY FARMS ROAD (NORTHLAKE BOULEVARD TO
BURNS ROAD) BEAUTIFICATION
AUG 1 rl~,(NTERLOCAL AGREEMENT is made and entered into this day of
$ y, 2009, by and between the VILLAGE OF NORTH PALM BEACH, a
municipal corporation of the State of Florida, hereinafter "VILLAGE", and BOARD OF
COUNTY COMMISSIONERS OF PALM BEACH COUNTY, a political subdivision of the
State of Florida, hereinafter "COUNTY".
WITNESSETH:
WHEREAS, The VILLAGE has completed roadway improvements on the
COUNTY'S Prosperity Farms Road from Northlake Boulevard to Burns Road including
conceptual planning, design, construction, and landscaping hereinafter "PROJECT" and
has been maintaining the road and landscaping hereinafter "IMPROVEMENTS" since
completion of the PROJECT; and
WHEREAS, the COUNTY, through various Financial Assistance Agreements and
amendments has contributed monetarily to the various phases of the PROJECT; and
WHEREAS, the Financial Assistance Agreements as amended has expired, but
several provisions survive expiration and require that the VILLAGE continue to meet certain
~I ongoing obligations; and
WHEREAS, perpetual maintenance of the IMPROVEMENTS is a responsibility of
'the VILLAGE under prior agreements as amended; and
WHEREAS, the VILLAGE has requested and the COUNTY has agreed to assist the
'I VILLAGE'S maintenance efforts on a one time basis in an amount not to exceed TEN
THOUSAND AND 00/100 DOLLARS ($10,000.00); and
WHEREAS, this funding is in addition to the previously reimbursed PROJECT
funding of approximately ONE MILLION THREE HUNDRED FIVE THOUSAND AND
00/100 ($1,305,000.00) DOLLARS; and
WHEREAS, VILLAGE and COUNTY now wish to enter into an Agreement to
provide ror the COUNTY'S contribution to the VILLAGE toward the maintenance cost of the
IMPROVEMENTS incurred within one year from the date of execution of this Agreement;
and
WHEREAS, the COUNTY considers such IMPROVEMENTS an enhancement to the
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COUNTY right-of-way and their maintenance in the best interest of the health, safety, and
welfare of the public; and
NOW, THEREFORE, in consideration of the mutual terms, conditions, covenants,
promises and agreements hereinafter set forth, the parties agree as follows:
1. The above recitals are true, correct and incorporated herein.
2. The COUNTY agrees to provide to the VILLAGE reimbursement funding on a
one time basis for documented maintenance costs of the IMPROVEMENTS in an amount
not to exceed TEN THOUSAND DOLLARS ($10,000.00).
3. The COUNTY agrees to reimburse the VILLAGE the amount
established in paragraph 2 for maintenance costs associated with the IMPROVEMENTS,
upon the VILLAGE'S submission of acceptable documentation needed to substantiate its
cost for maintenance of the IMPROVEMENTS. The COUNTY will use its best efforts to
provide said funds to the VILLAGE on a reimbursement basis within forty-five (45) days of
receipt of all information required in paragraph 6, below.
4. The COUNTY'S obligation is limited to its payment obligation and shall have
no obligation to any other person or entity.
5. The VILLAGE agrees to assume all responsibility for, bidding, contract
preparation, and contract administration necessary for maintaining the IMPROVEMENTS,
including payment(s) to contractor(s) pursuant to all applicable governmental laws and
regulations.
6. Notwithstanding the forgoing the VILLAGE acknowledges ongoing
maintenance responsibility for the IMPPROVEMENTS under original agreements and
amendments dated February 24, 2004, April 5, 2005, July 24, 2007 and March 11, 2008
hereinafter "Prior Agreements" and agrees that the reimbursement amount established in
paragraph 2 constitutes a one-time contribution for maintenance of the IMPROVEMENTS
for a period of one (1) year from the date of execution. Thereafter the VILLAGE shall
continue maintenance of the IMPROVEMENTS and budget the funds required to meet its
obligations under the Prior Agreements. The VILLAGE further acknowledges that this
contribution by the COUNTY does not relieve the VILLAGE of compliance with any of the
provisions, covenants, terms and conditions ofthe PriorAgreements. Inthe event a conflict
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arises between this Agreement and the Prior Agreements, except as it pertains to the one-
time contribution of $10,000.00, the Prior Agreements govern.
7. The VILLAGE and the COUNTY agree that entering into this Agreement does
not constitute a waiver of COUNTY'S ability to enforce obligation set forth in Prior
Agreements and that the COUNTY and the VILLAGE acknowledge and affirm that the
obligation of the VILLAGE to maintain the IMPROVEMENTS survive and continue in spite
of this one time contribution of $10,000.00.
8. The VILLAGE will obtain or provide all labor and materials necessary for
maintenance of the IMPROVEMENTS. The VILLAGE shall furnish to the COUNTY'S
representative a request for payment supported by the following:
A Contract Payment Request Form and a Contractual Services Purchases Schedule
Form, attached hereto and incorporated herein as Exhibit "A" (pages 1 & 2), which are
required for each and every reimbursement to the VILLAGE. Said information shall list
each invoice payable by the VILLAGE and shall include the vendor invoice number, invoice
date, and the amount payable by the COUNTY. The VILLAGE shall attach a copy of each
vendor invoice paid by the VILLAGE along with a copy of the respective check and shall
make reference thereof to the applicable item listed on the Contractual Services Purchases
Schedule Form. Further, the VILLAGE'S Financial Officer shall also certify that each
invoice listed on the Contractual Services Purchases Schedule Form was paid by the
VILLAGE as indicated.
9. As it relates to this Agreement, the COUNTY may initiate a financial systems
analysis and/or an internal fiscal control evaluation of the VILLAGE by an independent
auditing firm employed by the COUNTY or by the County Internal Audit Department at any
time the COUNTY deems necessary.
10. The VILLAGE shall be solely responsible for obtaining and complying with all
necessary permits, approvals and authorizations from any federal, state, regional, county
or agencies which are required for the maintenance of the IMPROVEMENTS.
11. Each party shall be liable for its own actions and negligence and to the extent
permitted by law; the VILLAGE shall indemnify, defend and hold harmless the COUNTY
against any actions, claims or damages arising out of the VILLAGE'S negligence in
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connection with this Agreement or the performance by the VI LLAGE as it may relate to this
Agreement. The foregoing indemnification shall not constitute a waiver of sovereign
immunity beyond the limits set forth in Florida Statutes, Section 786.28, nor shall the same
be construed to constitute agreement by either party to indemnify the other party for such
other party's negligence, willful or intentional acts or omissions or for any amount over the
limits set forth in FL Statute 768.28 despite any case law to the contrary.
12. Without waiving the right to sovereign immunity as provided by Section
768.28, Florida Statutes, VILLAGE acknowledges to be self-insured for General Liability
and Automobile Liability under Florida sovereign immunity statutes with coverage limits of
$100,000 Per Person and $200,000 Per Occurrence; or such monetary waiver limits that
may change and be set forth by the legislature. In the event that the VILLAGE maintains
third-party commercial General Liability and Business Auto Liability in lieu of exclusive
reliance on self-insurance under Section 768.28, Florida Statutes, VILLAGE shall agree to
maintain said insurance policies at limits not less than $500,000 combined single limit for
bodily injury or property damage. VILLAGE agrees to maintain or to be self-insured for
Worker's Compensation & Employer's Liability insurance in accordance with Florida
Statutes 440. Prior to execution of this AGREEMENT by the County VILLAGE shall
deliver to the County an affidavit or Certificate of Insurance evidencing insurance, self-
insurance, and/or sovereign immunity status, which County agrees to recognize as
acceptable for the above mentioned coverages. Certificate holder's address shall read
Palm Beach County, c/o Department of Engineering and Public Works, 2300 N. Jog Road ,
3E-13, West Palm Beach, Florida 33411, Attention: Special Projects Coordinator.
Compliance with the foregoing requirements shall not relieve VILLAGE of its liability and
obligations under this AGREEMENT.
13. As provided in F.S. 287.132-133, by entering into this Agreement or
performing any work in furtherance hereof, the VILLAGE certifies that its affiliates,
suppliers, sub-contractors, and consultants who perform work hereunder, have not been
placed on the convicted vendor list maintained by the State of Florida Department of
Management Services within 36 months immediately preceding the date hereof. This
notice is required by F.S. 287.133(3)(a).
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14. The VILLAGE shall require each contractor engaged by the VILLAGE for
work associated with this Agreement to maintain:
a. Workers' Compensation coverage in accordance with Florida
Statutes;
b. Commercial General Liability coverage, including vehicle coverage,
in combined single limits of not less than ONE MILLION DOLLARS
($1,000,000.00). The COUNTY shall be included in the coverage
as an additional insured; and
c. Name the COUNTY as an additional insured party.
15. In the event of termination, the VILLAGE shall not be relieved of liability to the
COUNTY for damages sustained by the COUNTY by virtue of any breach of the
Agreement by the VILLAGE; and the COUNTY may withhold any payment to the VILLAGE
for the purpose of set-off until such time as the exact amount of damages due the
COUNTY is determined. However, under no circumstances shall termination relieve the
VILLAGE of maintenance set forth in Prior Agreements.
16. The VILLAGE'S termination of this Agreement shall result in all obligations of
the COUNTY for funding contemplated herein to be cancelled.
17. The COUNTY and VILLAGE agree that no person shall, on the grounds of
race, color, national origin, sexual orientation, gender identify and expression, religion or
creed, sex, age, or handicap be discriminated against in performance of this Agreement.
18. In the event that any section, paragraph, sentence, clause or provision hereof
is held invalid by a court of competent jurisdiction, such holding shall not affect the
remaining portions of this Agreement and the same shall remain in full force and effect.
19. 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 paid, to the
following:
AS TO THE COUNTY
Engineering and Public Works Department
Tanya N. McConnell, P.E.
Deputy County Engineer
P.O. Box 21229
West Palm Beach, Florida 33416-1229
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AS TO THE VILLAGE
Village of North Palm Beach
Jimmy Knight, Village Manager
501 US Highway One
North Palm Beach, Florida 33408-4906
561-841-3355 Fax 561-881-7469
20. This Agreement shall be construed and governed by the laws of the State of
Florida. Any legal action necessary to enforce this Agreement shall be held in Palm Beach
County. No remedy herein conferred upon any party is intended to be exclusive of any
other remedy, and each and every other remedy shall be cumulative and shall be in
addition to every other remedy given hereunder or now hereafter existing at law or in equity
or by statute or otherwise. No single or partial exercise by any party of any right, power or
remedy shall preclude any other or further exercise thereof.
21. 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; provided, however, that this clause pertains only to the parties to the
Agreement.
22. 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 executed with the same formality and equality of
dignity herewith.
23. Each party agrees to abide by all laws, orders, rules and regulations and the
VILLAGE will comply with all applicable governmental codes during the
IMPROVEMENTS.
24. The COUNTY shall not be deemed to assume any liability for the negligent
or wrongful acts, or omissions of the other party (or parties). Nothing contained herein
shall be construed as a waiver, by any of the parties, of the liability limits established in
Section 768.28, Florida Statutes.
25. Each party shall promptly notify the other of any lawsuit-related complaint,
or cause of action threatened or commenced against it which arises out of or relates, in
any manner, to the performance of this Agreement.
26. The parties expressly covenant and agree that in the event any of the
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Parties are in default of its obligations under this Agreement, the parties not in default shall
provide to the defaulting party thirty (30) days written notice before exercising any of their
rights.
27. The preparation of this Agreement has been a joint effort of the parties, and
the resulting document shall not solely as a matter of judicial constraint, be construed more
severely against one of the parties than the other.
28. A copy of this Agreement shall be filed with the Clerk of the Circuit Courtin
and for Palm Beach County, Florida.
29. This Agreement shall take effect upon execution and the effective date shall
be the date of execution.
[THE REMAINDER OF PAGE LEFT BLANK INTENTIONALLY]
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IN WITNESS WHEREOF, the parties have executed this Agreement and it is
effective on the d f' s ab e w itteAUG 1 ~ ~0~~
I~ ~ ~U`~~ ~~ ~~1
PALM BEACH COUNTY, FLORIDA, BY VILLAGE OF NORTH PALM BEACH
ITS BOARD OF COUNTY COMMISSIONERS BY ITS VILLAGE COMMISSION
By:
JOHN F. DONS, CHAIRMAN
(COUNTY SEAL)
ATTEST:
SHARON R. BOCK, CLERK &
COMPTROLLER ®~„o,,,,,,,,~~,`,~,
~° c~ ¶~~ ~~ ~f ~ e ~,
By:,
By:
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
ASSISTANT COUNTY ATTORNEY
Date: 3. o~
By:
APPROVED AS TO TERMS
AND CONDITIONS
ATTEST:
(VILLAGE SEAL)
VILLAGE CLERK
By: ~~ ~___-~
APPROVED AS TO FORM AND
LEGAL SUFFICENCY
VILLAGE ATTORNEY
Date: ~~`~ ~~ ~
G:\WPDATA\ENG\MRE\STREETSCAPEWGR AMD NPB PROSPERITY 5.doc
PALM BEACH COUNTY
ENGINEERING & PUBLIC WORKS DEPARTMENT
CONTRACT PAYMENT REQUEST
Grantee
Billing #
Item
Consulting Services
Contractual Services
(PROJECT)
Exhibit A
Request Date
Billing Period
PROJECT PAYMENT SUMMARY
Project Costs Cumulative Total
this Billing Project Costs Project Costs
Material, Supplies, Direct Purchases
Grantee Stock
Equipment, Furniture
TOTAL PROJECT COSTS
Certification: I hereby certify that the above
was incurred for the work identified as being
accomplished in the attached progress reports.
Administrator/Date
Certification: I hereby certify that the documentation
has been maintained as required to support the project
expenses reported above, and is available for audit upon
request.
Financial Officer/Date
PBC USE ONLY
County Funding Participation
Total Project Costs
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
Page 1 of 2
PALM BEACH COUNTY
ENGINEERING & PUBLIC WORKS DEPARTMENT
CONTRACTUAL SERVICES PURCHASE SCHEDULE
Grantee
(PROJECT)
Billing #
Contractor Name
Contractor
Invoice Number
and Date
Billing Date
Billing Period
City Check or
Voucher Number
and Date
Project
Amount Paid
this Period
General
Description
TOTAL
Certification: I hereby certify that the purchase noted
above was used in accomplishing the project.
Administrator/Date
Certification: I hereby certify that bid tabulations, executed contract, cancelled
checks, and other purchasing documentation have been maintained as required
to support the costs reported above, and are available for audit upon request.
Financial Officer/Date
Page 2 of 2
CERTIFICATE OF COVERAGE
Certificate Holder Administrator Issue Date 7/28/09
Florida League of Cities, Inc.
PALM BEACH COUNTY
Public Risk Services
C/O DEPARTMENT OF ENGINEERING AND
P.O. Box 530065
PUBLIC WORKS
Orlando, Florida 32853-0065
2300 NORTH JOG ROAD 3E-13
WEST PALM BEACH FL 33411
COVERAGES
THIS IS TO CERTIFY THAT THE AGREEMENT BELOW HAS BEEN ISSUED TO THE DESIGNATED MEMBER FOR THE COVERAGE PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,
TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE COVERAGE AFFORDED BY THE
AGREEMENT DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH AGREEMENT.
FLORIDA MUNICIPAL INSURANCE TRUST
COVERAGE PROVIDED BY:
AGREEMENT NUMBER: FMIT 0955 COVERAGE PERIOD: FROM 10/1/08 COVERAGE PERIOD: TO 10/1/09 12:01 AM STANDARD TIME
TYPE OF COVERAGE - LIABILITY TYPE OF COVERAGE - PROPERTY
General Liability Buildings Miscellaneous
Basic Form Inland Marine
Comprehensive General Liability, Bodily Injury, Property Damage and
Personal Injury
Special Form Electronic Data Processing
Personal Property Bond
Errors and Omissions Liability
Basic Form
Supplemental Employment Practice
Special Form
Employee Benefits Program Administration Liability
Agreed Amount
Medical Attendants'/Medical Directors' Malpractice Liability
Deductible N/A
Broad Form Property Damage
Coinsurance N/A
Law Enforcement Liability
Blanket
Underground, Explosion & Collapse Hazard
Specific
Limits of Liability
Replacement Cost
* Combined Single Limit
Actual Cash Value
Deductible N/A
Limits of Liability on File with Administrator
Automobile Liability
All owned Autos (Private Passenger)
TYPE OF COVERAGE - WORKERS' COMPENSATION
All owned Autos (Other than Private Passenger)
Statutory Workers' Compensation
Hired Autos
Employers Liability $1,000,000 Each Accident
Non-Owned Autos
$1,000,000 By Disease
$1,000,000 Aggregate By Disease
Limits of Liability
Deductible N/A
* Combined Single Limit
Deductible N/A
Automobile/Equipment – Deductible
Physical Damage Per Schedule - Comprehensive - Auto Per Schedule - Collision - Auto N/A - Miscellaneous Equipment
Other
The limit of liability is $100,000 Bodily Injury and/or Property Damage per person or $200,000 Bodily Injury and/or Property Damage per occurrence. These specific
limits of liability are increased to $1,000,000 (combined single limit) per occurrence, solely for any liability resulting from entry of a claims bill pursuant to Section
768.28 (5) Florida Statutes or liability imposed pursuant to Federal Law or actions outside the State of Florida.
Description of Operations/Locations/Vehicles/Special Items
Re: Roadway improvements to Prosperity Farms Road
Re: Events, activities, elections and functions authorized by the certificate holder involving the designated member while being held upon the premises of the
certificate holder including the off premises use of the certificate holder’s buses. With respect to such events, activities and functions, the certificate holder is
hereby added as an additional named insured, except for Workers’ Compensation and Employers Liability, as respects the member’s liability for the above
.
described event
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE AGREEMENT ABOVE.
DESIGNATED MEMBERCANCELLATIONS
SHOULD ANY PART OF THE ABOVE DESCRIBED AGREEMENT BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 45 DAYS
WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED ABOVE, BUT FAILURE TO MAIL
VILLAGE OF NORTH PALM BEACH
SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE
PROGRAM, ITS AGENTS OR REPRESENTATIVES.
501 US HIGHWAY 1
NORTH PALM BEACH FL 33408 4906
________________________________________________________________________________
AUTHORIZED REPRESENTATIVE
FMIT-CERT (10/96)