2005-065 Financial Assistance Agrmnt w/PBC for NL Blvd.RESOLUTION 65-2005
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 A FINANCIAL ASSISTANCE AGREEMENT WITH THE
BOARD OF COUNTY COMMISSIONERS OF PALM BEACH COUNTY ATTACHED AS
EXHIBIT "A", WHICH AGREEMENT PROVIDES THE VILLAGE WITH FINANCIAL
ASSISTANCE UP TO $36,000.00 FOR THE NORTHLAKE BOULEVARD
BEAUTIFICATION PROJECT; 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, does hereby
approve the Financial Assistance Agreement with the Board of County Commissioners of Palm
Beach County attached as Exhibit "A", which agreement provides the Village with financial
assistance up to $36,000.00 for the Northlake Boulevard Beautification Project.
Section 2. The Mayor and Village Clerk are hereby authorized and directed to execute the
Financial Assistance Agreement set forth in Exhibit "A" for and on behalf of the Village of
North Palm Beach.
Section 3. This resolution shall take effect immediately upon its adoption.
PASSED AND ADOPTED THIS 4th DAY OF AUGUST, 2005.
ATTEST:
VILLAGE CLERK
2 NORTHLAKE BOULEVARD BEAUTIFICATION ~'
3 THIS INTER-LOCAL AGREEMENT is made and entered into this day of
4 ~~ 11 i 2005 , 2005, by and between the VILLAGE OF NORTH PALM BEACH, a
s ', municipal corporation of the State of Florida, hereinafter "VILLAGE", and PALM
5 '!, BEACH COUNTY, a political subdivision of the State of Florida, hereinafter
~ ' "COUNTY".
s
9 WITNESSETH:
to WHEREAS, VILLAGE is undertaking the installation of improvements,
11 ',~, including, but not limited to, beautification in the right of way of State of Florida's
12 '~'~ Northlake Boulevard between Southwind Drive and U.S.1, hereinafter
13 "IMPROVEMENTS"; and ~'
14 WHEREAS, the first FIVE HUNDRED THOUSAND AND 00/100 DOLLARS
1 s ~; ($500,000.00) of the funding for the IMPROVEMENTS is being provided to VILLAGE
15 under a funding agreement with the Florida Department of Transportation,
1 ~ ''~ hereinafter, "FDOT"; and
18 WHEREAS, COUNTY believes that these efforts by VILLAGE serve a public
19 ''~ purpose in the enhancement of the appearance of this thoroughfare and wishes to
2 0 provide additional support above and beyond FDOT's initial FIVE HUNDRED
21 THOUSAND AND 00/100 DOLLARS ($500,000.00) to fund an anticipated shortfall in
22 ', the total project funding for VILLAGE's efforts to install the IMPROVEMENTS, by
23 !I~~ providing reimbursement funding from Board of County Commissioners District 1
24 ~~,~~ Discretionary Fund for Improvements; and
25 WHEREAS, after installation, VILLAGE will be responsible for the perpetual
25 '' maintenance of the IMPROVEMENTS; and
2 ~ '~,'~ NOW, THEREFORE, inconsideration of the mutual covenants, promises, and
2 s ! agreements herein contained, the parties agree as follows:
29 1. The above recitals are true, correct and are incorporated herein.
2 'documented costs for the IMPROVEMENTS from Commission District 1
3 '~, Discretionary Funds for Improvements in an amount not to exceed THIRTY SIX
4 '~,', THOUSAND AND 00/100 DOLLARS ($36,000.00), to the extent that these costs are in
5 ''; excess of the initial FIVE HUNDRED THOUSAND AND 00/100 DOLLARS ($500,000.00) '
6 ',. provided by FDOT.
~ 3. COUNTY agrees to reimburse VILLAGE the amount established in
8 ',~; paragraph 2 for costs (materials and labor) associated with installation of the
9 '',I IMPROVEMENTS, upon VILLAGE's submission of acceptable documentation needed
to '' to substantiatetheircostsfortheIMPROVEMENTS. COUNTYwill use its best efforts
11 ',' to provide said funds to VILLAGE on a reimbursement basis within forty-five (45)
12 !~ days of receipt of all information required in Paragraph 6, below.
13 ', 4. COUNTY's obligation is limited to its payment obligation and shall have ~'
14 I~, no obligation to any other person or entity.
is 5. VILLAGE agrees to assume all responsibility for bidding, contract
16 ',; preparation, and contract administration forthe installation of the IMPROVEMENTS,
1 ~ ',',' including payment(s) to contractor(s), pursuant to all applicable governmental laws
1 a and regulations and will complywith all applicable governmental landscaping codes
19 '', and permitting requirements in the selection and installation of the IMPROVEMENTS.
20 I! 6. VILLAGE will obtain or provide all labor and materials associated with
21 ',! the installation of the IMPROVEMENTS. COUNTY shall have the final determination
22 ',, of eligibility for reimbursement. VILLAGE shall furnish the Manager, Streetscape
23 'I Section, of COUNTY's Department of Engineering and Public Works with a request
24 li for payment supported by the following:
2 5 a. A statement from a Florida Registered Landscape Architect, or as
2 6 appropriate a Florida Registered Engineer, that the IMPROVEMENTS
2 ~ have been inspected and were installed substantially on accordance
2 8 with the COUNTY approved plans for the IMPROVEMENTS, and;
2 Purchases Schedule Form, attached hereto and incorporated herein as
3 Exhibit "A" (pages 1 and 2) which are required for each and every
4 reimbursement requested by VILLAGE. Said information shall list each
5 invoice payable by VILLAGE and shall include the vendor invoice
5 number, invoice date, and the amount payable by VILLAGE. VILLAGE ',
~ shall attach a copy of each vendor invoice paid by VILLAGE along with
s a copy of the respective check and shall make reference thereof to the
9 applicable item listed on the Contractual Services Purchases Schedule
l o Form. Further, the Program Administrator and the Program Financial
11 Officer for VILLAGE shall also certify that each vendor invoice listed on ',
12 the Contractual Services Purchases Schedule Form was paid by
13 VILLAGE as indicated.
14 7. VILLAGE shall maintain adequate records to justify all charges,
15 'expenses, and costs incurred in performing the IMPROVEMENTS for at least three I'
16 ', (3) years after the completion of such IMPROVEMENTS. COUNTY shall have access '~,
l~ I' to all books, records and documents as required in this Section for the purpose of
is 'I inspection or audit during normal business hours.
19 8. VILLAGE agrees to be responsible forthe perpetual maintenance of the
20 '~~ IMPROVEMENTS following the installation and shall be solely responsible for
21 i! obtaining and complying with all necessary permits, approvals, and authorizations
22 '~~ from any federal, state, regional, or COUNTY agency which are required for the ';
23 ',i subsequent maintenance of the IMPROVEMENTS. ''
24 9. All installation of these IMPROVEMENTS shall be completed and final '~
25 ',j invoices submitted to COUNTY no later than December 31, 2006, and COUNTY shall;
'~
26 l have no obligation to VILLAGE or any other entity or person for any cost incurred !,
27 ~',I' thereafter unless the time for completion is extended by modification of this ~~,
2s !, Agreement as provided herein. i'
2 ' agent or servant of COUNTY or its Board of County Commissioners. In the event a
3 !~ claim or lawsuit is brought against COUNTY, its officers, employees, servants or
4 ~i agents, relating to the IMPROVEMENTS or any item which is the responsibility of j
s !, VILLAGE, VILLAGE hereby agrees, to the extent permitted bylaw, to indemnify, save '
6 'and hold harmless COUNTY, its officers, employees, servants or agents, and to
~ 'defend said persons from any such claims, liabilities, causes of action and
s ;; judgments of any type whatsoever arising out of or relating to the negligent or
9 'wrongful acts or omissions of VILLAGE relating to the obligations of VILLAGE under
~~
l o "this Agreement. VILLAGE, to the extent permitted by law, agrees to pay all costs, '
11 '~ attorney's fees and expenses incurred by COUNTY, its officers, employees, servants
12 !' or agents in connection with such claims, liabilities or suits except as may be
13 !I incurred due to the negligence of COUNTY.
14 11. VILLAGE shall, at all times during the term of this Agreement (the '~
1 s !'~, installation and existence of the IMPROVEMENTS), maintain in force its status as an '~
16 '' insured municipal corporation.
l~ 12. As provided in F.S. 287.132-133, by entering into this Agreement or
is '~,; performing any work in furtherance hereof, VILLAGE certifies that its affiliates,
19 'suppliers, sub-contractors, and consultants who perform work hereunder, have not '
20 '~ been placed on the convicted vendor list maintained by the State of Florida
21 !', Department of Management Services within 36 months immediately preceding the II
22 '~I date hereof. This notice is required by F.S. 287.133(3)(a). '~,
23 13. VILLAGE shall require each contractor engaged by VILLAGE for work
24 ,associated with this Agreement to maintain:
2 s a. Workers' Compensation coverage in accordance with Florida ~~,
2 6 Statutes, and;
i
2 in combined single limits of not less than ONE MILLION AND 00/100
3 DOLLARS ($1,000,000.00). COUNTY shall be included in the coverage
4 as an additional insured.
5 c. A payment and performance bond for the total amount of the
5 improvements in accordance with Florida Statute 255.05.
~ 14. In the event of termination, VILLAGE shall not be relieved of liability to
s ;COUNTY for damages sustained by COUNTY by virtue of any breach of the contract ',
9 ',I by VILLAGE; and COUNTY may withhold any payment to VILLAGE for the purpose ',
l o '' of set-off until such time as the exact amount of damages due COUNTY is
11 ''~, determined. In the event VILLAGE elects to discontinue its maintenance obligation ',
12 ~'~~ for the IMPROVEMENTS under this Agreement, it shall be the obligation of VILLAGE
13 '',I to restore, if necessary, the area of the IMPROVEMENTS on FDOT's right-of-way to ',
14 ',, a condition acceptable to FDOT, which shall be in accordance with Federal and State
is 'standards for road construction and/or maintenance.
16 15. VILLAGE's termination of this AGREEMENT shall result all obligations ~'
l~
'~ of COUNTY for funding contemplated herein to be canceled.
18 16.
COUNTY and VILLAGE agree that no person shall, on the grounds of
19 I'; race, color, national origin, sexual orientation, religion or creed, sex, age, or ~I
20 ',I handicap be discriminated against in performance of the Agreement.
21 'I 17. COUNTY may, at COUNTY's discretion and for the duration of
22 I! IMPROVEMENTS, install signs within the public property or easement, notifying the
23 I', public that the IMPROVEMENTS were funded with COUNTY dollars. ~'
24 18. In the event that any section, paragraph, sentence, clause, or provision ',
25 I hereof is held invalid by a court of competent jurisdiction, such holding shall not 'i
26 ', affect the remaining portions of this Agreement and the same shall remain in full
27 '~ force and effect.
2 '' writing, and deemed sufficient to each party when sent by United States Mail,
3 ',; postage prepaid, to the following:
4 ' AS TO COUNTY
5 Manager, Streetscape Section
6 Palm Beach County Department of
~ Engineering and Public Works
8 Post Office Box 21229
9 West Palm Beach, Florida 33416-1229
to AS TO VILLAGE
11 Village Manager
12 Village of North Palm Beach
13 501 U.S. Highway 1
14 North Palm Beach, FL 33408
15 '! 20. This Agreement shall be construed and governed by the laws of the ',
16 ', State of Florida. Any and all legal action necessary to enforce this Agreement shall
l~ '~ be held in Palm Beach County. No remedy herein conferred upon any party is
18 ~~; II intended to be exclusive of any other remedy, and each and every other remedy shall ~,
19 !', be cumulative and shall be in addition to every other remedy given hereunder or now
2 0 ' or hereafter existing at law or in equity or by statute or otherwise. No single or
21 ! partial exercise by any party of any right, power, or remedy shall preclude any other ',
22 i' or further exercise thereof.
23 21. Any costs or expenses (including reasonable attorney's fees)
24 ', associated with the enforcement of the terms and conditions of this Agreement
2 s '', shall be borne by the respective parties; provided, however, that this clause pertains ',
25 ', only to the parties to the Agreement. ',
2 ~ ~ 22. Except as expressly permitted herein to the contrary, no modification,
2 s ',, amendment, or alteration in the terms or conditions contained herein shall be ~'
29 !,I effective unless contained in a written document executed with the same formality
3 o and equality of dignity herewith.
3 Z 23. Each party agrees to abide by all laws, orders, rules and regulations and
32 '' VILLAGE will comply with all applicable governmental landscaping codes in the
2 ! liability for the negligent or wrongful acts, or omissions of the other party (or
3 ',,' parties). Nothing contained herein shall be construed as a waiver, by any of the
4 ', parties, of the liability limits established in Section 768.28, Florida Statutes.
s 25. VILLAGE shall promptly notify COUNTY of any lawsuit-related
6 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.
8 26. The parties expressly covenant and agree that in the event any of the
9 !'' parties is in default of its obligations under this Agreement, the parties not in default
l o shall provide to the defaulting party thirty (30) days written notice before exercising
11 ' any of their rights. ',
12 27. The preparation of this Agreement has been a joint effort of the parties,
13 ',~ and the resulting document shall not, solely as a matter of judicial constraint, be
14 construed more severely against one of the parties than the other. ',
15 28. This Agreement represents the entire understanding among the parties,
16 '' and supersedes all other negotiations, representations, oragreements, eitherwritten
l~ I or oral, relating to this Agreement.
is 29. A copy of this Agreement shall be filed with the Clerk of the Circuit ',
19 ' Court in and for Palm Beach County, Florida.
2 0 30. This Agreement shall take affect upon execution and the effective date
21 '' shall be the date of execution.
2 ''~ effective on the date first above written.
3 VILLAGE OF NORTH PALM BEACH
4 (VILLi;~GE SEAL) VILLAGE OF NORTH PALM BEACH,
5 BY ITS VILLAGE COUNCIL
6 ''' ATTEST:
7
8
9
to
11
12
13
14
~ 9 Y
VILLAGE CLERK
APPROVED AS TO FORM AND LEGAL SUFFICIENCY
,-- ~ ~,
By:
LLA E ATTORNEY
PALM BEACH COUNTY
15 ''~, (COUNTY SEAL) PALM BEACH COUNTY, FLORIDA, BY ITS
16 BOARD OF COUNTY COMMISSIONERS
82005 212
17 !''' ATTEST: NOV 01 ~
18 'SHARON R. BOCK ~ uNT ~'''~~~, TONY MASILOTTI
19 I CLERK AND COMi~I-~OLLER~~'c0~''a, CHAIRMAN
CpU ti.;~~
2 0 By. ~ N y : ~, y:
21 EPUTY CL' ~~-
's
22 ',' APPROVED AS TO FO~h'I*4'f~3 LEGAL SUFFICIENCY
23 B
Y~
24 ', ASSTS ANT COUNTY ATTORNEY
25 '' APPROVED AS TO TERMS AND CONDITIONS
2 6 By: p.°
2 7I ASH\Median~2005AGMTS\NPB072205
Grantee
Billing #
Item
Consulting Services
Contractual Services
Materials, Supplies, Direct Purchases
Grantee Stock
Equipment, Furniture
TOTAL PROJECT COSTS
Certification: I hereby certify that the above
were incurred for the work identified as being
accomplished in the attached progress reports.
Total
Project Costs
Certification: I hereby certify that the documen-
tation has been maintained as required to support
the project expenses reported above and is avail-
able for audit upon request.
Administrator/Date Financial Officer/Date
PBC USE ONLY
County Funding Participation
Total Project Cost
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
Assistant County Engineer or Fiscal Manager/Date
_.~..~~
Request Date
Billing Period
PROJECT PAYMENT SUMMARY
Project Costs Cumulative
This Billing Project Costs
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