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R2024-42 Approving Administrative Amendments to Landscaping and Decorative Lighting MaintenanceRESOLUTION 2024-42 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, APPROVING ADMINISTRATIVE AMENDMENTS TO THE LANDSCAPING AND DECORATIVE LIGHTING MAINTENANCE MEMORANDA OF AGREEMENT AND AMENDMENT NUMBER TWO TO THE LOCALLY FUNDED AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION RELATING TO IMPROVEMENTS ASSOCIATED WITH THE REPLACEMENT OF THE U.S. HIGHWAY ONE BRIDGE OVER THE EARMAN RIVER AND AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE THE AMENDMENTS; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Florida Department of Transportation ("FDOT") is replacing the U.S. Highway One bridge over the Earman River (C-17 Canal); and WHEREAS, in 2022, the Village executed two Maintenance Memoranda of Agreement for Landscaping and Decorative Lighting with FDOT, as well as a Locally Funded Agreement to provide financial assistance for the inclusion of additional aesthetic features, including, but not limited to, landscape planters, trash receptacles, benches, stamped concrete pavement, decorative lighting, and lighted Village logos; and WHEREAS, FDOT has requested that the Village to execute Administrative Amendments to the Maintenance Memoranda of Agreement and Amendment Number Two to the Locally Funded Agreement to revise the project numbers; and WHEREAS, the Village Council determines that the adoption of this Resolution is in the interests of the health, safety, and welfare of the residents of the Village of North Palm Beach. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, as follows: Section 1. The foregoing "whereas" clauses are hereby adopted and incorporated herein. Section 2. The Village Council hereby approves Administrative Amendment 1 to the Landscape Maintenance Memorandum of Agreement, Administrative Amendment 1 to the Decorative Lighting Maintenance Memorandum of Agreement, and Amendment Number Two the Locally Funded Agreement with the Florida Department of Transportation, copies of which are attached hereto and incorporated herein, and authorizes the Mayor and Village Clerk to execute the Amendments on behalf of the Village. Section 3. All resolutions or parts of resolutions in conflict with this Resolution are hereby repealed to the extent of such conflict. Section 4. This Resolution shall be effective immediately upon adoption. Page 1 of 2 PASSED AND ADOPTED THIS 13TH DAY OF JUNE, 2024. ATTEST: VILLAGE CLERK Page 2 of 2 MAYOR Florida Department of Transportation RON DESANTIS GOVERNOR 3400 West Commercial Boulevard Fort Lauderdale, FL 33309 JARED W. PERDUE, P.E. SECRETARY www.fdot.gov | www.d4fdot.com May 7, 2024 Village of North Palm Beach 501 US Highway 1 North Palm Beach, FL 33408 Attn: Chuck Huff, Village Manager RE: Administrative Amendment 1 to Landscape MMOA Mr. Huff, This letter shall serve to amend Landscape Maintenance Memorandum of Agreement (MMOA) Amendment Number One (1), executed April 22, 2022, by and between the FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter called the DEPARTMENT, and the VILLAGE OF NORTH PALM BEACH, a municipal corporation of the State of Florida, hereinafter called the AGENCY. The DEPARTMENT shall amend the following provisions of the MMOA: The project number “442891-1-52-01” shall be replaced with “442891-2-52-01” in each instance where it appears throughout the entirety of the executed Agreement. Except as expressly amended herein, all other terms and conditions of the April 22, 2022, Agreement shall remain in full force and effect. This amendment shall be deemed effective immediately upon the receipt of written confirmation from both parties. Should you have any questions or concerns, please feel free to contact Christine McKay, Landscape Agreements Coordinator, at 954-677-7897 or email christine.mckay@dot.state.fl.us. Sincerely, Kaylee Kildare Landscape Manager, District 4 Florida Department of Transportation DocuSign Envelope ID: BCECEC2B-4697-416F-A642-687FCAE16742 Acknowledgement: AGENCY: Village Of North Palm Beach, a municipal Corporation of the State of Florida: By: _____________________________________ Date: _____________________________ City Manager / Mayor Print Name: ______________________________ ATTEST: By: _____________________________________ Date: _____________________________ Clerk Print Name: ______________________________ Approved as to Form: By: _____________________________________ Date: _____________________________ City Attorney Print Name: ______________________________ DocuSign Envelope ID: BCECEC2B-4697-416F-A642-687FCAE16742 Leonard G Rubin 6/13/24 Susan Bickel 6/13/24 6/13/2024 Jessica Green Florida Department of Transportation RON DESANTIS GOVERNOR 3400 West Commercial Boulevard Fort Lauderdale, FL 33309 JARED W. PERDUE, P.E. SECRETARY www.fdot.gov | www.d4fdot.com May 8, 2024 Village of North Palm Beach 501 US Highway 1 North Palm Beach, FL 33408 Attn: Chuck Huff, Village Manager RE: Administrative Amendment 1 to Decorative Lighting MMOA 442891-1-52-01 Mr. Huff, This letter shall serve to amend Decorative Lighting Maintenance Memorandum of Agreement MMOA), executed 04/29/2022, by and between the Florida Department of Transportation, hereinafter called the DEPARTMENT, and the VILLAGE OF NORTH PALM BEACH, a municipal corporation of the State of Florida, hereinafter called the AGENCY. The DEPARTMENT shall amend the following provisions of the MMOA: The project number “442891-1-52-01” shall be replaced with “442891-2-52-01” in each instance where it appears throughout the entirety of the executed Agreement. Except as expressly amended herein, all other terms and conditions of the April 29, 2022, Agreement shall remain in full force and effect. This amendment shall be deemed effective immediately upon the receipt of written confirmation from both parties. Should you have any questions or concerns, please feel free to contact Irj Tajdar, Maintenance Memorandum Agreements Coordinator, at 954-777-4407 or email irj.tajdar@dot.state.fl.us Sincerely, Lennox Ballah District 4 Maintenance Contracts Administrator Florida Department of Transportation DocuSign Envelope ID: F31CE385-D179-47DE-8AD4-2A06BC784E8B Acknowledgement: AGENCY: Village Of North Palm Beach, a municipal Corporation of the State of Florida: By: _____________________________________ Date: _____________________________ City Manager / Mayor Print Name: ______________________________ ATTEST: By: _____________________________________ Date: _____________________________ Clerk Print Name: ______________________________ Approved as to Form: By: _____________________________________ Date: _____________________________ City Attorney Print Name: ______________________________ DocuSign Envelope ID: F31CE385-D179-47DE-8AD4-2A06BC784E8B 6/13/24 Leonard G Rubin Susan Bickel 6/13/2024 6/13/24 Jessica Green FM No: 442891-1-52-02 442891-2-52-02 Vendor No: VF-596-017-984 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND LOCALLY FUNDED AGREEMENT AMENDMENT NUMBER TWO THIS Amendment, made and entered into this day of 20 , by and between the State of Florida Department of Transportation, an agency of the State of Florida, hereinafter called the DEPARTMENT, and the Village of North Palm Beach at 501 US Highway 1, North Palm Beach, FL 33408, hereinafter called the VILLAGE. WITNESSETH WHEREAS, on April 18, 2022, the parties entered into a Locally Funded Agreement, hereinafter referred to as “the Agreement”, wherein the VILLAGE agreed to provide the DEPARTMENT with financial assistance in connection with Financial Management (FM) No. 442891-1-52-02 for the construction and installation of: aesthetic features (landscape planters, trash receptacles, and anchored benches), stamped concrete pavement, decorative lighting, and a LED internally illuminated cabinet wall system collectively referred to as “the Project”. The Project will be done as part of the DEPARTMENT’S Bridge replacement work at SR-5/US-1 Federal Highway over the Earman River (C-17) Bridge 930003 in Palm Beach County, Florida; and WHEREAS, the parties amended the Agreement on December 27, 2023 to add additional VILLAGE funds to the Project (Amendment One); and WHEREAS, the parties herein desire to further amend the Agreement to change the DEPARTMENT’S Financial Management number for the Project. NOW, THEREFORE, in consideration of the mutual covenants, promises and representations herein, the parties agree to further amend the Agreement as follows: 1. The recitals set forth above are true and correct and are deemed incorporated herein. 2. This Amendment hereby deletes all references of the Financial Management (FM) No. 442891- 1-52-02 in its entirety and replaces it with Financial Management (FM) No. 442891-2-52-02. 3. All other terms, conditions, and respective commitments by the parties shall remain in full force and effect. 1 of 2 DocuSign Envelope ID: A62A7FE9-CD57-44D6-AC75-0F382B42324A 13th June 24 DocuSign Envelope ID: 5587A3F4-FC64-4CF4-AF26-23B2ADDAA665 18 June 24 DocuSign Envelope ID: 948BA7CA-AAAA-4ACD-8E1A-CDA9A7E84554 All provisions, covenants, terms, and conditions of the Agreement as originally set forth therein, which are not hereby expressly amended or modified and not in conflict with the terms hereof, are hereby ratified and confirmed and shall remain the same and be unaffected by these presents. IN WITNESS WHEREOF, this Amendment is to be executed by the parties below for the purposes specified herein. Authorization has been given to enter into and execute this Amendment by the Village of North Palm Beach’s Resolution Number , hereto attached. VILLAGE OF NORTH PALM BEACH, STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION BY: BY: Village Manager / Mayor Director of Transportation Development ATTEST: BY: Village Clerk LEGAL REVIEW: BY: Village Attorney BY: Francine Steelman, Assistant General Counsel APPROVED: BY: _________________________________ District Program Management Administrator 2 of 2 DocuSign Envelope ID: A62A7FE9-CD57-44D6-AC75-0F382B42324A 2024-42 DocuSign Envelope ID: 5587A3F4-FC64-4CF4-AF26-23B2ADDAA665DocuSign Envelope ID: 948BA7CA-AAAA-4ACD-8E1A-CDA9A7E84554