2001-015 Prosperity Farms Road Landscaping Interlocal Agreement w/PBC
RESOLUTION 15-2001
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND VILLAGE
CLERK TO ENTER INTO AN INTERLOCAL FUNDING AGREEMENT WITH THE BOARD
OF COUNTY COMMISSIONERS OF PALM BEACH COUNTY ATTACHED AS EXHIBIT
"A", WHICH AGREEMENT PROVIDES FINANCIAL ASSISTANCE FROM THE COUNTY
TO THE VILLAGE FOR THE CONCEPTUAL PLANNING, DESIGN, CONSTRUCTION OF
ROADWAY IMPROVEMENTS AND INSTALLATION OF LANDSCAPING FOR
BEAUTIFICATION OF PROSPERITY FARMS ROAD BETWEEN NORTHLAKE
BOULEVARD AND BURNS ROADS WITHIN THE VILLAGE; REPEALING RESOLUTION
74-2000; AND, PROVIDING FOR AN EFFECTIVE DATE.
BE IT RESOLVED BY THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA:
Section 1. The Village Council of the Village of North Palm Beach, Florida, hereby
approves the Interlocal Funding Agreement with the Board of County Commissioners of
Palm Beach County attached as Exhibit "A", which Agreement provides financial
assistance from the County to the Village for conceptual planning, design, construction of
roadway improvements and installation of landscaping for beautification of Prosperity
Farms Road between Northlake Boulevard and Burns Road within the Village.
Section 2. The Mayor and Village Clerk are hereby authorized and directed to
execute the Interlocal Funding Agreement with the Board of County Commissioners of
Palm Beach County attached as Exhibit "A".
Section 3. Resolution 74-2000, which approved a prior draft of the Interlocal Funding
Agreement with the Board of Commissioners of Palm Beach County, is hereby repealed.
Section 4. This resolution shall take effect immediately upon its adoption.
CJ
PASSED AND ADOPTED THIS 25th DAY OF
(Village Seal)
ATTEST: '` ,~~
VILLAGE CLERK
JANUARY,2001.
MAYOR
• FINANCIAL ASSISTANCE AGREEMENT FOR VILLAGE OF NORTH
PALM BEACH PROSPERITY FARMS ROAD (NORTHi.eKF. BOULEVARD
TO BURNS ROAD) BEAUTII+ICATION
R200I 0182
THIS INTERLOCAL AGREEMENT is made and entered into this day of
FEI ' 6 2001 , 20_, by and between the VILLAGE OF NORTH PALM BEACH, a municipal
corporation of the State of Flotida, hereinafter "VILLAGE," and PALM BEACH COUNTY, a
political subdivision of the State of Florida, hereinafter "COUNTY."
WI NESSETH:
WHEREAS, the VILLAGE is undertaking the conceptual planning, design, and construction
of roadway improvements and the installation of landscaping, including irrigation, hereinafter
"IMPROVEMENTS," on the COUNTY's Prosperity Farms Road from Northlake Boulevard to
Burns Road; and
WHEREAS, the COUNTY believes that such efforts serve a public purpose in the
enhancement of the appearance of this thoroughfare and therefore wishes to support that effort by
providing a reimbursement contribution in an amount not to exceed One Million Dollars
($1,000,000.00) to the V[LLAGE for the installation of the IMPROVEMENTS; and
WHEREAS, after installation, the VILLAGE will be responsible for the perpetual
maintenance of the IMPROVEMENTS; and
WHEREAS, the VILLAGE and COUNTY now wish to enter into an agreement to provide
for the COUNTY's contribution to the VILLAGE toward the cost of the IMPROVEMENTS and
establish the VILLAGE'S obligations relating to the IMPROVEMENTS and maintenance thereof.
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. NOW, THEREFORE, in consideration of the mutual covenants, promises, and agreements
herein contained, the parties agree as follows:
1. The foregoing recitals aze true and correct and incorporated herein.
2. The COUNTY agrees to reimburse the VILLAGE an amount not to exceed One
Million Dollazs ($1,000,000.00) towazd the cost of the IMPROVEMENTS (excluding inspection
and administrative costs by the VII.LAGE) within the right of way of the COUNTY'S Prosperity
Farms Road from Northlake Boulevazd to Burns Road associated with the conceptual planning,
design and installation of the IMPROVEMENTS. The reimbursements to the Village will be in
accordance with the following schedule and upon the VILLAGE's submission of acceptable
documentation needed to substantiate their costs for the IMPROVEMENTS:
a. The VILLAGE shall complete or cause to be completed the conceptual
planning and design of the IMPROVEMENTS on or before December 31, 2002.
b. The VILLAGE shall commence construction /installation on all or part of
the IMPROVEMENTS on or before October 31, 2003. In the event the VILLAGE fails to
commence the construction/ installation by October 31, 2003, the conceptual plan and design shall
become the property of the COUNTY.
c. Construction shall be completed on all or part of the IMPROVEMENTS to
be reimbursed by the County by December 31, 2004 and final invoices submitted by June 1, 2005.
The County's performance and obligation to pay under this Agreement is contingent upon
appropriations by the Board of County Commissioners. A budget transfer totalling $500,000 has been
made concurrent with this agreement for this fiscal year (00-O1), which can be used to reimburse
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• expenditures associated with the improvements, and additional transfers allocations will be subject
to approval by the Board of County Commissioners in future budgets. It is further understood and
agreed that the timing of the IMPROVEMENTS is an important element ofthis Agreement and that
should the VILLAGE fail to meet theabove-referenced dates, the COUNTY shall have no obligation
to the VILLAGE to consider any further costs unless the time is extended by modification of this
Agreement, as provide herein.
Notwithstanding anything contained within this Financial Assistance Agreement to the
contrary, VILLAGE shall have the right to undertake and first complete the conceptual planning and
the design phase prior to a commitment by the V1I.LAGE to proceed to construction and installation
of any or all of the IMPROVEMENTS. If the VILLAGE, in its sole discretion, determines that it is
not feasible to proceed to construction, VILLAGE shall have the right to so notify the COLgd"I'Y and
the project will be terminated prior to the construction phase, with VILLAGE being reimbursed for
costs (materials and labor) through the conceptual planning and the design phase and all plans and
designs transferred to the County.
3. The VILLAGE shall be responsible for initial funding and agrees to assume all
responsibility for the IMPROVEMENTS including, but not limited to, conceptual planning, design,
permitting, bidding, contract preparation, contract administration, construction, and installation of
the IMPROVEMENTS and payment(s) to contractor(s), pursuant to all applicable governmental laws
and regulations and will comply with all applicable governmental landscaping codes and permitting
requirements in the construction, selection and installation of the IMPROVEMENTS. The
• VILLAGE agrees to constnrct, install and maintain the llvIPROVEMENTS substantially in
accordance with the plans and specifications to be approved the COUNTY and will be responsible
• for all costs in excess of One Million Dollars ($1,000,000.00). The COUNTY will have the final
determination of the eligibility for reimbursement of any changes. Substantial variations from the
approved plans shall require prior written approval from the County Engineer's Office. The final
landscaping permit drawings must be signed and sealed by a Florida Registered Landscape Architect
experienced in roadway planting and familiar with the COUNTY's Streetscape Standards Manual.
4. The VILLAGE will obtain or provide all labor and materials necessary for the
construction and installation of the IMPROVEMENTS. The minimum requirement for any plant
stock is Florida Grade No. 1, as defined in Florida Department of Consumer Services Grades and
Standards for Nursery Plants (most current edition). An exception to this requirement is where
certain Grade No. 2 plant materials are specified on the approved plans for the IMPROVEMENTS
for design reasons. The COUNTY will have the final determination of eligibility for reimbursement
in terms of this requirement being met. The VILLAGE shall furnish the Deputy County Engineer
of the COUNTY'S Department of Engineering and Public Works with a request for payment
supported by the following:
a. As to the landscaping, a statement from a Florida Registered
Landscape Architect, and as to road construction, sufficient
documentation showing that the IMPROVEMENTS have been
inspected and were installed and constructed substantially in
accordance with the plans for the IMPROVEMENTS, and acceptable
in form and detail to the COUNTY to provide for verification that the
services and/or materials have been performed and received by the
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VILLAGE. Any in-kind materials and/or labor which is included as
• part of the costs must be reasonably documented.
5. The Village agrees to obtain all appropriate permits, including any required County
permits, and cover all costs associated with those permits and related permit conditions.
6. The VILLAGE agrees to be responsible for the perpetual maintenance of the
IMPROVEMENTS including providing any water and electricity necessary for irrigation and shall
be solely responsible for obtaining and complying with all necessary permits, approvals, and
authorizations from any federal,_state, regional or COUNTY agency which are required for the
subsequent maintenance of the IMPROVEMENTS.
7. The VILLAGE agrees that following written notice from the COUNTY, it will be
responsible for the repair of, or otherwise, for funding work by the COUNTY or others, to repair
damage to sidewalks, curbing, roadway pavement, drainage facilities and utilities resulting from the
placement of IMPROVEMENTS. Such repairs of an urgent nature may be performed by the
COUNTY or others without written notification to the VILLAGE. The VILLAGE shall reimburse
the COUNTY the cost of such urgent repairs.
8. As it relates to this Agreement, the COUNTY may initiate a financial system analysis
and/or an internal fiscal control evaluation of the VILLAGE by an independent auditing firm
employed by the COUNTY or by the COUNTY'S Internal Audit Department at any time the
COUNTY deems necessary. The VILLAGE shall maintain adequate records to justify all charges,
expenses and costs incurred for at least three (3) years after final payment.
9. The VII.LAGE recognizes that it is an independent contractor, and not an agent or
servant of the COUNTY or its Board of County Commissioners. In the event a claim or lawsuit is
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brought against the COUNTY, its officers, employees, servants or agents relating to the
• IIvIPROVEMENTS or any item which is the responsibility of the VILLAGE, the VII,LAGE hereby
agrees, to the extent permitted by law, to indemnity, save and hold harmless the COUNTY, its
officers, employees, servants or agents and to defend said persons from any such claims, liabilities,
causes of action and judgments of any type whatsoever arising out of or relating to the existence of
the IMPROVEMENTS or the performance by the VII,LAGE as it may relate to the
IMPROVEMENTS and the obligations of the VILLAGE under this Agreement. The VILLAGE
agrees to pay all costs, attorney's fees and expenses incurred by the COUNTY, its officers,
employees, servants or agents in connection with such claims, liabilities or suits except as may be
incurced due to the negligence of the VILLAGE.
10. The VILLAGE shall, at all times during the term of this Agreement (the installation
and existence of the IMPROVEMENTS) maintain in force its status as aself-insured municipal
corporation.
11. 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; and
b. Commercial General Liability coverage, including
vehicle coverage, in combined single limits of not less
then One Million Dollars ($1,000,000.00) The
COUNTY shall be included in the coverage as an
• additional insured.
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c. A payment and performance bond for the total amount
of the contract.
12. In the event of termination by the VILLAGE, 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 ofset-offuntil such time as the exact amount of damages due the COUNTY is determined.
In the event the VILLAGE elects to discontinue its maintenance obligations for the
11vIPROVEMENTS under this Agreement, it shall be the obligation of the VILLAGE to restore, if
necessary, the area of the IIviPROVEMENTS on the COUNTY'S right-of--way to a condition
acceptable to the County Engineer, which shall be in accordance with federal, state and COUNTY
standards for road construction and/or maintenance. In the event the VILLAGE fails to restore the
area ofthe IMPROVEMENTS to a condition acceptable to the County Engineer, the COUNTY may
undertake such restoration and the VILLAGE shall be liable for the costs of such restoration.
14. The COUNTY and the VILLAGE agee that no person shall, on the Bounds of race,
color, national origin, sexual orientation, religion or creed, sex, age, or handicap be discriminated
against in performance of the Agreement.
14. 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.
15. 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 following:
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AS TO THE COUNTY
Deputy County Engineer
Palm Beach County Department of Engineering and
Public Works
Post Office Box 21229
West Palm Beach, FL 33416-1229
AS TO THE VILLAGE
Village Manager
Village of North Palm Beach
501 U.S. Highway 1
North Palm Beach, FL 33408
16. This Agreement shall be construed and governed by the laws of the State of Florida.
Any and all legal action necessary to enforce this Agreement shall be held in Palm Beach County.
No remedy herein conferced upon any party is intended to be exclusive of any other remedy, and
each and every remedy shall be cumulative and shall be in addition to every other remedy given
hereunder or now or 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.
17. 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 this Agreement.
18. Except as expressly permitted herein to the contrary, no modification, amendment, or
alteration in the terms and conditions contained herein shall be effective unless contained in a written
document executed with the same formality and equality of dignity herewith.
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19. Each party agrees to abide by all Taws, orders, rules and regulations and the
• VILLAGE will comply with all applicable governmental road construction and landscaping codes
in the construction, installation, maintenance, and replacement of the IMPROVEMENTS.
20. The parties to this Agreement shall not be deemed to assume any liability for the
negligent or wrongful acts or omissions of the other party. Nothing contained herein shall be
construed as a waiver, by either party, of the liability limits established in Section 768.28, Florida
Statutes.
21. Each party will prgmptly notify the other of any citizen complaint, claim, suit, or cause
of action threatened or commenced against it which arises out of or relates, in any manner, to the
performance of this Agreement.
22. The parties expressly covenant and agree that in the event either party is in default of
its obligations under this Agreement, the party not in default shall provide to the defaulting party
thirty (30) days written notice before exercising any of its rights.
23. The preparation of this Agreement has been a joint effort of the parties, and the
resulting document shall not solely, as a matter ofjudicial constraint, be construed more severely
against one of the parties than the other.
24. This Agreement represents the entire understanding between the parties, and
supersedes all other negotiations, representations, or agreements, either written or oral, relating to
this Agreement.
25. A copy of this Agreement shall be filed with the Clerk of the Circuit Court in and for
Palm Beach County, Florida.
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26. This Agreement shall take affect upon execution and the effective date shall be the
i
date of execution.
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
IN WITNESS WHEREOF, the parties have executed this Agreement and it is
effective on the date first written above
' ' ' VILLAGE OF NORTH PALM BEACH
(VILLAGE' SEAL) n~ VILLAGE OF NORTH PALM BEACH, BY ITS
'~;- = VILLAGE COUNCIL
`~
ATTE,$T:
By'
Village Clerk
DOROTHY H. WILKEN,
Boan1 of County
B ~
ayo '
Typed or Printed Name
By:
Assistant County Attorney
r:lUSF,R~TDILLSIWPDATA~agreemrnl prospttily I.doc/lanusry 18, 2001
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R2001 0182
FEB - 6 1ppt
ATTEST: PALM BEACH COUNTY, FLORIDA, BY ITS
,,,~,,,~,,,,,_ BOARD OF COUNTY COMMISSIONERS