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2002-038 Agrmt w/PBC to Fund US 1 Landscaping at NPBCCU RESOLUTION 38-2002 A RI;SOI,U770N OP THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM B-?ACH, FLORIDA, AUTHORI7,ING AND DIRECTING THE MAYOR AND VILLAGE CLisRK '1'O ENTER INTO A FINANCIAL ASSISTANCE AGREF,MENT WITH THI: BOARD OP COUNTY COMMISSIONERS OF PALM BEACH COUNTY ATTACHED AS EXHIBIT "A", WHICH AGREEMI?NT PROVIDES REIMBURSEMENT FUNDING NOT TO EXCEED $10,000.00 7'O THE VILLAGE FOR INSTALLATION OF LANDSCAPING AND IRR1GA770N FOR BIiAUTIFICATION OF THE NORTH PALM BEACH COUNTRY CLUB ALONG U.S. HIG-1WAY 1; AND, PROVIDING FOR AN EFFECTIVF, DATE. };1;17' RESOLVED BY THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA: Section 1. 7'he 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 reimbursement funding not to exceed $10,000.00 to the Village for installation of landscaping and irrigation for Beautification of the North Palm Beach Country Club along U.S. Highway 1. Section 2. 7'he Mayor and Village Clerk are hereby authorized and directed to execute the Financial Assistance Agreement set forth in F,xhibit "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 27th DAY OF JUNF;, 2002. (Viaage Seal) ~~ • n7"rES7': VILLAGE CLERK November 14, 2002 Department of Engineering and Public Nrorks PO. Box 21229 West Palm Beach, FL 33416-1229 (561) 664-4000 www.pbcgoecom ^ Palm Beach County Boats of County Commissioners Warren H. Newell, Chairman Carol A. Rober[s, Vice Chair Karen T. Marcus Mary McCarty Bur[ Aaronson Tony Masilotti Addle L Greene County Administrator Robert Weisman Villa e of Ncocaarth Pvvalm Beach Nort~l'almBeach Florida 33408 RE: Flnanclal Assistance Agreement (R2002-1827) with the Village of North Palm Beach for Beautlflcatlon of the North Palm Beach Country Club along U.S. 1. Dear Village Manager: Included for the Village's records is one (1) oil final of the Agreement that the Board of County Commissioners executed on o~tober 22, 20tT1. Please forward this Algreemenj to the person within your Village who is responsible for mainta Wing suc records. Please note the Villa a will need to have all work completed (and ins acted) by the dates stated in th~atgre rrbent and also su~mit a p~~me~t request ~~long with supporting, documents ion y that date. upporti g ocumenta ion, at a minimum, includes: 1. Checks. Copies of completed and signed checks (front only nee a to vendors, suppliers, etc. 2. Invoices. copies of Invoi s which detail the material/labor prov~de~c, . I Voipes for dol~ar amounts o I without additional supporting detailed documents are not suf~i~ient. 3. In-Kind Labor/Materials. Inte nal doqum nts such as job sheets, payroll records, etc. need to 6e prowdec~ It is suggested that you or someone in your Villa a maintain an on-going file of these dgdgcuments to assist you at payment reque~t time. Your efforts to enhance thepqualit~ of life in Palm Beach VClyetier at 6~4~100 tad. If you have any questions, Ileas contact me or Jason Sincerely, OFFICE QF1T{iE CQJJNTY ENGINEER - Streetscape Section One original of the Beautification Agreement (R2002-1827). ~An Equal Opyorruniry Af/,rmarivr Amon Emy(oyer' prin(etl on recycled paper PC: (Letter only) G. Hane Frakes, Jr. P.E. Assistant County Engineer Richard ~arquhar, Administrative Services File: Village -North Palm Beach F:\MEDIANVT'W\COMMFUNDSOt-02WGR-LTR-NPB TENNIS-COURTS.WPD R2002 1827 r ~ J VS1Ly~ o! Nor[n Pale eucn - Norrn taln M~cn Country Clvn M~utlrfc~clon i FINANCIAL ASSISTANCE AGREEMENT WITH THE VILLAGE OF NORTH PALM z BEACH FOR BEAUTIFICATION OF THE NORTH PALM BEACH COUNTRY CLUB 3 ! ALONG U.S. 1 4 ~~, i THIS AGREEMENT Is made and entered Into this day of s ~' ~ OCT 2 y ~ ~ 2002, by and between the VILLAGE OF NORTH PALM BEACH, a ' s II, political subdivision of the State of Florida, hereinafter "VILLAGE", and PALM ~ BEACH COUNTY, a political subdivision of the State of Florida, hereinafter a "COUNTY". 9 ', io WITNESSETH: 11 WHEREAS, the VILLAGE wishes to Install beautification consisting of i z landscaping and Irrigation on It's North Palm Beach County Club property adjacent 13 Ito the tennis courts, and within twenty-five feet of, and visible from U.S. 1, 14 ~~ hereinafter "IMPROVEMENTS"; and i i s ~ WHEREAS, the COUNTY believes that these efforts by the VILLAGE serve a ie public purpose In the enhancement of the appearance of the US 1 corridor and i~ '~wishestosupporttheVILLAGE'seffortstoinstallthelMPROVEMENTSbyproviding ie I reimbursement funding for theVILLAGE'sinstallationofthelMPROVEMENTSfrom i 5 i Commission District 1 Discretionary Funds for Improvements, In an amount not to 20 I exceed TEN THOUSAND AND 00/100 DOLLARS (510,000.00) ;and 21 '~! WHEREAS, afterinstallation,theVILLAGEwillberesponsiblefortheperpetual z2 'maintenance of the IMPROVEMENTS; and 23 24 25 NOW, THEREFORE, In consideration of the mutual covenants, promises, and agreements herein contained, the parties agree as follows: 1. The above recitals are true, correct and are Incorporated herein. z6 2. TheCOUNTYagreestoprovldetotheVILLAGErelmbursementfunding z~ ill for documented costs from Commission District 1 Discretionary Funds for the za I, ~ estimated cost of the IMPROVEMENTS In an amount notto exceed TEN THOUSAND 29 AND 00/100 DOLLARS (510,000.00) for the VILLAGE's IMPROVEMENTS. • 1- VS1Lfl~ o[ NoreA -alm e•acn Hoctl, Him lucA Country C1uG bwU[lutlon 1 3. TheCOUNTYagreestoreimbursetheVILLAGEtheamountestablished • z in paragraph 2 for costs (materials and labor) associated with the installation of the 3 IMPROVEMENTS, upon the VILLAGE's submission of acceptable documentation a needed to substantiate their costs for the IMPROVEMENTS. The COUNTY will use s Its best efforts to provide said funds to the VILLAGE on a reimbursement basis s within forty-five (45) days of receipt of all Information required in Paragraph 6, ~ below. a 4. The COUNTY's obligation is limited to Its payment obligation and the 9 COUNTY shall have no obligation to any other person or entity. io 5. The VILLAGE agrees to assume all responsibility for design, bidding, 11 contract preparation, and contract administration for the Installation of the 12 IMPROVEMENTS, including payment(s) to contractor(s), pursuant to all applicable 13 governmentallawsandregulationsandwillcomplywithallapplicablegovernmental is landscaping codes and permitting requirements in the selection and Installation of is the IMPROVEMENTS. The VILLAGE agrees to Install the IMPROVEMENTS i s substantially in accordance with the plans, specifications and costs as approved by 17 the County Engineer's Office prior to the commencement of the IMPROVEMENTS. 1a The VILLAGE also agrees to assume financial responsibility for the completion of 1s any portions of thelMPROVEMENTSthatarenotfully-fundedbytheamountsetforth 2 o in Paragraph 2, above. Otherwise, the COUNTY will have the final determination of z1 the eligibility for reimbursement of any changes. Substantial variations from the 2z permitted plans shall require prior written approval from the County Engineer's 23 Office. The final drawings for the IMPROVEMENTS must be signed and sealed by a 2a Florida Registered Landscape Architect. • 'z' VSlln90 0[ North Paln loch North PBln loch Country Club bBUel[lutlon • i 6. The VILLAGE will obtain or provide all labor and materials necessary 2 for the design and installation of the IMPROVEMENTS. The COUNTY shall have the 3 final determination of eligibility for reimbursement. The VILLAGE may seek a reimbursements for the IMPROVEMENTS upon their completion and satisfactory s Inspection by the COUNTY. The VILLAGE shall furnish the Manager, Streetscape s Section, of the COUNTY's Department of Engineering and Public Works with a 7 request for payment supported by the following: a a. AstatementfromaFloridaRegisteredLandscapeArchitectthatthe s IMPROVEMENTS have been inspected and were installed substantially io in accordance with the permitted plans for the IMPROVEMENTS, and; ii b. A Contract Payment Request Form and a Contractual Services iz Purchases Schedule Form, attached hereto and incorporated herein as 13 Exhibit "A" (pages 1 and 2) which are required for each and every 1a reimbursement requested by the VILLAGE. Said Information shall list i s each invoice paid by the VILLAGE and shall include the vendor invoice 15 number, invoice date, and the amount paid by the VILLAGE. The i~ VILLAGE shall attach a copy of each vendor invoice paid by the is VILLAGE along with a copy of the respective check and shall make i9 reference thereof to the applicable Item listed on the Contractual zo Services Purchases Schedule Form. Further, the Program 21 Administrator and the Program Financial Officer forthe VILLAGE shall zz also certify that each vendor invoice listed on the Contractual Services 23 Purchases Schedule Form was paid by the VILLAGE as indicated. 2s 7. As it relates to this Agreement, the COUNTY may Initiate a financial 25 system analysis andlor an internal fiscal control evaluation of the VILLAGE by an z a independent auditing firm employed by the COUNTY or by the County Internal Audit z~ Department at any time the COUNTY deems necessary. • -3- 2 • 1 3 4 s 6 8 9 to 11 12 13 14 is 16 17 la 19 20 21 22 23 vlvl•p• oz xorcn e•i. eu<n xorcn eas ewcn country ciun s•wuuc•uon 8. The VILLAGE agrees to be responsible for the perpetual maintenance of the IMPROVEMENTS following the installation 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. 9. All Installation of these IMPROVEMENTS shall be completed and final invoices submitted to the COUNTY no later than September 30, 2003, and the COUNTY shall have no obligation to the VILLAGE or any other entity or person for any cost incurred thereaker unless the time for completion is extended by modification of this Agreement as provided herein. 10. The VILLAGE 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 brought against the COUNTY, its officers, employees, servants or agents, relating to the IMPROVEMENTS or any item which is the responsibility of the VILLAGE, the VILLAGE hereby agrees to Indemnify, 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 VILLAGE as may relate to 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 orsuits exceptas may be Incurred due to the negligence of the COUNTY. 24 11. The VILLAGE shall, at all times during the term of this Agreement (the 25 installation and existence ofthe IMPROVEMENTS), maintain In force Its status as an z6 insured municipality, and shall provide evidence of this insurance prior to the 27 COUNTY's execution of this Agreement. • -4- vlll•ye o[ Nor cn P•lm even - xorcn f•L !•wn Country C1vD b•atl[SC•CSOn • 7 12. As provided in F.S. 287.132-133, by entering into this Agreement or 2 performing any work in furtherance hereof, the VILLAGE certifies that its affiliates, 3 suppliers, sub-contractors, and consultants who perform work hereunder, have not a been placed on the convicted vendor list maintained by the State of Florida 5 Department of Management Services within 36 months immediately preceding the s date hereof. This notice is required by F.S. 287.133(3)(a). ~ 13. The VILLAGE shall require each contractorengagedbytheVILLAGEfor a work associated with this Agreement to maintain: 9 a. Workers' Compensation coverage in accordance with Florida 1o Statutes, and; ii b. Commercial General Liability coverage, including vehicle coverage, 12 in combined single limits of not less than ONE MILLION AND 001100 i3 DOLLARS (51,000,000.00). The COUNTY shall be Included in the 1a coverage as an additional insured. is c. A payment and performance bond for the total amount of the 15 Improvements in accordance with Florida Statute 255.05. 1 ~ . 14. In the event of termination, the VILLAGE shall not be relieved of liability 1 s to the COUNTY for damages sustained by the COUNTY by virtue of any breach of the i9 contract by the VILLAGE; and the COUNTY may withhold any payment to the 20 VILLAGE for the purpose of set-off until such time as the exact amount of damages 2 i due the COUNTY is determined. In the event the VILLAGE elects to discontinue its 22 maintenance obligation for the IMPROVEMENTS under this Agreement, it shall be 23 the obligation of the VILLAGE to restore, if necessary, tha area of the 2a IMPROVEMENTS to a condition acceptable to the County Engineer. In the event the 2 s VILLAGE fails to restore the area of the IMPROVEMENTS to a condition acceptable 25 to the County Engineer, the COUNTY may undertake such restoration and the 27 VILLAGE shall be liable for the costs of such restoration. i+ • ze 15. TheVILLAGE'sterminaNonofthisAGREEMENTshallresultellobligations z s of the COUNTY for funding contemplated herein to be canceled. -s- Villa9p o[ North Palm path - North -aln path Coun[ry Club puu[St1c Klon i 16. The COUNTY and the VILLAGE agree that no person shall, on the • z grounds of race,color,nationalorigin,sexual orientation, religionorcreed,sex,age, 3 or handicap be discriminated against in performance of the Agreement. a 17. In the eventthat any section, paragraph, sentence, clause, or provision 5 hereof is held invalid by a court of competent Jurisdiction, such holding shall not s affect the remaining portions of this Agreement and the same shall remain in full ~ force and effect. 8 18. All notices required to be given under this Agreement shall be in 9 writing, and deemed sufficient to each party when sent by United States Mail, 10 postage prepaid, to the following: u AS TO THE COUNTY iz Manager, Streetscape Section 13 Palm Beach County Department of is Engineering and Public Works 15 Post Office Box 21229 15 West Palm Beach, Florida 33416-1229 i~ AS TO THE VILLAGE ie Village Manager i 9 Village of North Palm Beach zo 591 U.S. Highway 1 z i North Paim Beach, FL 33408 22 19. This Agreement shall be construed and governed by the laws of the z 3 State of Florida. Any and all Legal action necessary to enforce this Agreement shall za be held in Palm Beach County. No remedy herein conferred upon any party is z5 intended to be exclusive of any otherremedy,andeachandeveryotherremedyshall 25 be cumulative and shall belnadditiontoeveryotherremedygivenhereunderornow z~ or hereafter existing at law or In equity or by statute or otherwise.lJo single or 2 a partial exercise by any party of any right, power, or remedy shall preclude any other z 9 or further exercise thereof. ao 20. Any costs or expenses (Including reasonable attorney's fees) 31 associated with the enforcement of the terms and conditions of this Agreement • 32 shall be borne by the respective parties; provided, however, thatthis clause pertains 33 only to the parties to the Agreement. -6- VS1LflP o! No[Ch Palm puce - NORh Palm path Country CluE puucl rlcpclon i 21. Except as expressly permitted herein to the contrary, no modification, • 2 amendment, or alteration In the terms or conditions contained herein shall be 3 effective unless contained in a written document executed with the same formality 4 and equality of dignity herewith. s 22. Eachpartyagreestoabidebyalllaws,orders,rulesandregulationsand 6 the VILLAGE will comply with all applicable governmental landscaping codes in the ~ maintenance and replacement of the IMPROVEMENTS. e 23. The parties to this Agreement shall not be deemed to assume any 9 liability for the negligent or wrongful acts, or omissions of the other party (or i o parties). Nothing contained herein shall be construed as a waiver by the COUNTY, 11 by any of the parties, of the liability limits established in Section 788.28, Florida ]2 Statutes. i 3 24. The VILLAGE shall promptly notify the COUNTY of any lawsuit-related 14 complaint, or cause of action threatened or commenced against it which arises out i 5 of or relates, in any manner, to the performance of this Agreement. i 6 25. The parties expressly covenant and agree that in the event any of the i~ parties is in default of its obligations under this Agreement, the parties not in default i 8 shall provide to the defaulting party thirty (30) days written notice before exercising 19 any of their rights. 20 2i 22 23 24 25 26 27 • 28 29 28. The preparation ofthlsAgreementhasbeenajointeffortoftheparties, 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. 27. This Agreement represents the entire understandingamongtheparties, and supersedes all other negotiations, representations, oragreements, eitherwritten or oral, relating to this Agreement. 28. A copy of this Agreement shall be filed with the Clerk of the Circuit Court in and for Palm Beach County, Florida. 29. This Agreement shall take affect upon execution and the effective date shall be the date of execution. _~_ Vil laps o[ xort~ r~lm b~cn - Nortl, Palm IHeT Cbvntry C1VD D~~utitic~tion 1 ~~, IN WITNESS WHEREOF, the parties have executed this Agreement and it is effective • z ~, on the date first above written. 3 PILLAGE OF NORTH PALM BEACH 9 I (VILLAGE SEAL) VILLAGE OF NORTH PALM BEACH 5 BY ITS VILLAGE COUNCIL 6 . ~ ATTEST: ', l /; ..~ 7 ~ i I~y:_ ~ By: e ~ VIL GE cantle ~, MAYOR 9 ail 10 ~~% APPROVED AS TO FORM AND LEGAL SUFFICIENCY 11 ' By: ~ 12 '. ILL EAT ORNEY 13 I 19 PALM BEACH COUNTY 15 ;' i. 16 (COUeI.~j" ~,,,,~ PALM BEACH COUNTY, FLORIDA, BY ITS 17 ~, s>`vOV •"" " ~••0~'~~,, BOARD OF COUNTY COMMISSIONERS il;: QpYM 9fgOy • N 18 '~~,A~ST FOORIDP r~E R2OO~ ~S~/ 19 C DORv'~iY~H.,~W(t~fN, CLERK i OCT 2 22002 z 1 By: ~u.~.. ~ , By: 22 ,, DEPUTY CLERK WAR N H. NEWELL, CHAIRMAN . ~ , 23 I APPROVED AS TO FORM AND LEGAL SUFFICIENCY 29 25 26 27 28 • 29 30 By: ASSIST NT OUNTY ATTORNEY APPROVED AS T ERM AND CONDITIONS { BY: i i F;MEDIAMAS MTS PBCCW1rpi /,ptll lr, f00t) _g_ PALM BEACH COUNTY Attachment A ENGINEERING & PUBLIC WORKS DEPARTMENT • CONTRACT PAYMENT REQUEST (Project) Cnotee Billing k PROJECT PAYMENT SUMMARY • Item Consulting Services Contractual Services Materials, Supplies, Dvect Purchases Grantee Stock Equipment, Furniture TOTAL PROJECT COSTS Certification: I hereby certify that the above were incurred Cor the work identified as being accomplished in the attached progress report: Request Date Billing Period Project Costs Cumulative Total T61s Billing Project Costa Project Costs Certificaton: I hereby certify that the documen- tation has been maintained as requ'ved 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 coststo date County obligation to date County retainage (_%) I County funds previously disbursed County funds due this billing Reviewed end Approved by: PBC Project Administrator/Date Assistant County Engineer or Fiscal Manager/Date Page 1 of 2 • Z ~' cW < O OC = d ~ Z Y = V OOj b = V H V =+ V m m~~ o7J h J a Z ~ a~ W Z ~ vz W~ v i 0 i d v A ~ pLp C C 61 61 a ~~ r 6 L d s~ Z ~a u ~~ • 4 b e m u `o z _• L .FQC V ~ V t Z e c s ..J f O ~~ ~~~~ 0~ g ~~ $ ~ ~3 ~~ E u Y O .q ~ N q ~A yCq V ~ R :c ~~ .t' wE u T u~~ ~44 C ~ y O A R W V u .~. E F ~Q ~~ .. b ~s ~~ i~ V A V u V N C LL N 0 m a