2004-034 Interlocal Agrmt. w/PBC to Fund Transit InfrastructureRESOLUTION 34-2004
t
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 AGREEMENT WITH THE BOARD OF COUNTY
COMMISSIONERS OF PALM BEACH COUNTY ATTACHED AS EXHIBIT "A", WHICH
AGREEMENT IS FOR THE PURPOSE OF FUNDING TRANSIT INFRASTRUCTURE; 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 Interlocal Agreement with the Board of County Commissioners of Palm Beach County, attached
as Exhibit "A", which agreement is for the purpose of funding transit infrastructure.
Section 2. The Mayor and Village Clerk are hereby authorized and directed to execute the Interlocal
Agreement with the Board of County Commissioners of Palm Beach County set forth in Exhibit "A"
for and on behalf of the Village of North Palm Beach, Florida.
Section 3. This resolution shall take effect immediately upon its adoption.
PASSED AND ADOPTED THIS 10th DAY OF JUNE, 2004.
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ATTEST:
M OR
VILLAGE CLERK
•
1
2 INTERLOCAL AGREEMENT
FOR
3 FUNDING OF TRANSIT INFRASTRUCTURE
4 BETWEEN
5 PALM BEACH COUNTY
6 AND
7 THE VILLAGE OF NORTH PALM BEACH
8
9
10 THIS INTERLOCAL AGREEMENT is made and entered into this day of
11 , 2004, by and between the VILLAGE OF NORTH PALM BEACH, a
12 municipal corporation of the State of Florida; hereinafter referred to as "MUNICIPALITY", and
13 Palm Beach County, a political subdivision of the State of Florida, hereinafter referred to as
14 "COUNTY".
15
16 WITNESSETH:
17
18 WHEREAS, the COUNTY operates a fixed route public transit system, hereinafter
19 referred to as "Palm Tran," with routes situated within the MUNICIPALITY'S geographical
20 boundaries; and
21
22 WHEREAS, the MUNICIPALITY desires to undertake a plan to purchase, construct,
23 install and maintain transit shelters and associated infrastructure (i.e. benches, trash cans,
24 bicycle racks, signage, etc), pedestrian enhancements including pavement and installation and
25 pavers and installation, transit infrastructure replacement, sign production and installation,
26 landscaping, and lightning; (hereinafter referred to as "TRANSIT INFRASTRUCTURE(S)"), within
27 MUNICIPALITY'S boundaries, at certain COUNTY designated Palm Tran Bus Stops (referred to
28 hereinafter as "BUS STOPS"); and
29
30 WHEREAS, because the COUNTY desires to improve bus passenger transit amenities
31 and to increase the number of TRANSIT INFRASTRUCTURE(s) located within the
32 MUNICIPALITY, the COUNTY is willing to reimburse one hundred percent (100%) of certain
33 costs incurred by the MUNICIPALITY related to the construction, placement and installation of
34 TRANSIT INFRASTRUCTURE and related passenger transit amenities along US1 not to exceed
35 Twenty Seven Thousand One Hundred Sixty Dollars ($27,160); and
36
37 WHEREAS, during and after installation of each TRANSIT INFRASTRUCTURE, the
38 MUNICIPALITY shall be totally responsible for all its maintenance and cleaning, the maintenance
39 of the landscaping in the area immediately surrounding the TRANSIT INFRASTRUCTURE and
40 - the BUS STOP,-and-the-removal of-alt-trash and garbage; and -- - -
41
42 WHEREAS, the MUNICIPALITY and COUNTY now wish to enter into an Agreement
43 establishing the parties' respective obligations relating to the removal of trash and garbage and
44 the construction, installation, maintenance and cleaning of any TRANSIT INFRASTRUCTURE(s)
45 and related passenger transit amenities funded by the COUNTY under this Agreement.
46
47 NOW, THEREFORE, in consideration of mutual covenants, promises, and Agreements
48 herein contained, the parties agree as follows:
49
50 1. Recitals: The above recitations are true, correct and are incorporated herein
51 and made a part hereof by reference.
52
• 53
54 2. Reimbursement: The COUNTY agrees to reimburse the MUNICIPALITY for
ONE HUNDRED PERCENT (100%) or TWENTY SEVEN THOUSAND ONE
55 HUNDRED SIXTY and 00/100 DOLLARS ($27,160) for all passenger TRANSIT
56 INFRASTRUCTURE(s) along US1, whichever is less, of the total allowable cost
• 1
2 incurred by MUNICIPALITY for the acquisition, construction and installation of
transit infrastructure(s) at a site(s) identified in Exhibit A under this Agreement
3 .
4
5 3. Not to Exceed Amount: The total not to exceed amount to be reimbursed by
6 COUNTY for all TRANSIT INFRASTRUCTURE(s) acquired, constructed and
7 installed under this Interlocal Agreement is $27,160. This sum is based upon
8 MUNICIPALITY'S acquisition, construction and installation of transit
9 infrastructure as further identified in Exhibit A.
10
11 4. Funding: The COUNTY agrees to provide funding in an amount not to exceed
12 that established in paragraphs 2 and 3 above for certain identified and permitted
13 costs associated with the construction and installation of TRANSIT
14 INFRASTRUCTURE(s) approved by COUNTY. Any costs associated with the.
15 design, permitting, construction administration or maintenance of the transit
16 infrastructure shall not be reimbursed by the COUNTY.
17
18 5. No Additional Obligations: The COUNTY shall have no obligation to the
19 MUNICIPALITY in excess of the amount provided in paragraph 3. COUNTY'S
20 obligations to the MUNICIPALITY shall be strictly limited to its funding obligation
21 as expressly set forth in this Agreement. The COUNTY shall have no obligations
22 to any other entity, contractor, or person who is in anyway associated with
23 MUNICIPALITY'S performance of this Agreement or who might benefit from the
24 terms of this Agreement.
25
26 6. MUNICIPALITY'S Responsibility: The MUNICIPALITY shall present a site plan
27 that confirms designs, and that locations have been secured (easements, right of
28 way, etc) and meet required specifications, the plan needs to be approved by
29 Palm Tran with-in six (6) months from execution of this agreement, failure to
30 present an approved site plan during the allotted time will void this agreement.
31 The MUNICIPALITY shall be fully responsible for the design, obtaining all
32 required construction permits, contract preparation, bidding, and contract
33 administration for the TRANSIT INFRASTRUCTURE(s) including all payments to
34 contractors and suppliers, all of which shall be undertaken and performed by the
35 MUNICIPALITY in conformity with the requirements of this Agreement and all
36 applicable Federal, State, COUNTY and MUNICIPALITY laws and regulations.
37 The MUNICIPALITY further agrees to install the TRANSIT
38 INFRASTRUCTURE(s) in accordance with the plans, specification and costs as
39 specified in the MUNICIPAL APPLICATION FOR TRANSIT INFRASTRUCTURE
40 FUNDING package attached- hereto as Exhibit B. Substantial variations from the
41 submitted plans shall require the COUNTY'S prior written approval. The
42 determination as to whether a variation is eligible for reimbursement is vested
43 solely in the COUNTY. MUNICIPALITY shall be responsible and liable for all
44 TRANSIT INFRASTRUCTURE(s) acquired, constructed, installed and
45 maintained hereunder, including the surrounding area and landscaping.
46
47 7. Signage: Each TRANSIT INFRASTRUCTURE shall have a sign placed within it
48 clearly indicating the party responsible for its maintenance and cleaning and a
49 telephone number to which complaints may be reported. No advertising,
50 advertisement, message or signage, of any kind or type whatsoever, shall be
51 placed upon or at any TRANSIT INFRASTRUCTURE, including the trash
52 receptacle, except as expressly required or permitted in this Agreement. If the
53 MUNICIPALITY decides to contract with an advertising firm for shelters, the
. 54 COUNTY will not pay for the shelter but will pay for whatever infrastructure is not
55 included with the shelter that is outlined in attachment A for that location. The
56 MUNICIPALITY further agrees that it will not permit any bus bench(es) or other
57 seating for the comfort or convenience of the public or for any form of public or
2
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2 private transportation, including but not limited to the transportation of school
children, to be located or installed within five hundred feet (500') of an advertising
3 bus shelter. Nothing contained herein shall, however, preclude the COUNTY
4 from placing or installing any signs, decals, messages, informational displays or
5 notices regarding public transportation or Palm Tran's services.
6
7 8. Non-Assignment: The MUNICIPALITY shall obtain, provide and promptly pay
8 for all labor and materials necessary for the acquisition, construction, installation
9 and maintenance of the TRANSIT INFRASTRUCTURE(s). The MUNICIPALITY
10 shall not convey, assign, sublet or transfer, in whole or in part, its rights, title to
11 and interest in this Agreement or any TRANSIT INFRASTRUCTURE acquired,
12 constructed, installed or maintained under this Agreement, the real property upon
13 which the TRANSIT INFRASTRUCTURE is installed, without first obtaining the
14 prior written consent of the County, which consent may be withheld for any
15 reason or no reason at all.
16
17 9. Maintenance: The MUNICIPALITY agrees to clean and maintain, in good
18 working order and condition and in full compliance with the requirements of this
19 Agreement, the TRANSIT INFRASTRUCTURE(s) constructed at sites identified
20 in Exhibit A and funded under this Interlocal Agreement, for the durable useful life
21 of the TRANSIT INFRASTRUCTURE(s) or a period of ten (10) years, whichever
22 is greater. Should a TRANSIT INFRASTRUCTURE need to be relocated as a
23 result of the relocation or discontinuance of a bus route at the original site, an
24 alternative site shall made available by MUNICIPALITY for the remaining balance
25 of MUNICIPALITY'S ten (10) year maintenance obligation, and MUNICIPALITY'S
26 obligations shall be transferred to the relocated TRANSIT INFRASTRUCTURE
27 site.
28
29 10. Incorporation of Federal and State Requirements: The MUNICIPALITY
30 agrees to incorporate all Federal and State contracting clauses identified in
31 Exhibit C into all third party contracts relating to the design, acquisition,
32 construction, installation and maintenance of the TRANSIT
33 INFRASTRUCTURE(s) funded under this Interlocal Agreement.
34
35 11. Failure to Maintain: The MUNICIPALITY agrees that if the MUNICIPALITY fails
36 to satisfactorily perform its obligations under this Interlocal Agreement with
37 regard to cleaning, trash removal and maintenance of TRANSIT
38 INFRASTRUCTURE(s), that the COUNTY shall have the right to remedy any
39 deficiencies, immediately and without notice to MUNICIPALITY, and
40 MUNICIPALITY shall be responsible for all costs incurred by the COUNTY to
41 remedy or correct any deficiency(ies). COUNTY will, however, generally
42 endeavor (although it is not required to do so) to advise MUNICIPALITY of any
43 deficiency prior to COUNTY undertaking any action.
44
45 12. Removal or Relocation: In the event the COUNTY shall determine, in its sole
46 discretion, that a TRANSIT. INFRASTRUCTURE(s) should be removed and/or
47 relocated, the parties agree as follows:
48
49 A. Should the COUNTY determine that a TRANSIT INFRASTRUCTURE
50 needs to be removed and relocated solely as a result of a change to or
51 discontinuance of a Palm Tran bus route, the MUNICIPALITY shall
52 provide the COUNTY with a written estimate of the cost of removal and
53 relocation of the TRANSIT INFRASTRUCTURE and the restoration of
54 the original site. Upon the COUNTY'S approval of the estimated cost,
55 the MUNICIPALITY shall remove and relocate the TRANSIT
56 INFRASTRUCTURE, and restore the original site. COUNTY shall
57 reimburse the MUNICIPALITY for all approved estimated costs arising
3
• 1
2 out of the relocation, removal and/or restoration of the original site to its
previous condition. In the event the COUNTY determines that a
3 TRANSIT INFRASTRUCTURE must be removed but not relocated to a
4 new site, the COUNTY will reimburse the MUNICIPALITY for certain
5 allowable amortized TRANSIT INFRASTRUCTURE construction costs
6 incurred by the MUNICIPALITY for the TRANSIT INFRASTRUCTURE;
7 provided, that, the TRANSIT INFRASTRUCTURE is removed and not
8 relocated within five (5) years from the date a certificate of occupancy
9 was issued for the TRANSIT INFRASTRUCTURE. The amortized cost
10 of the TRANSIT INFRASTRUCTURE shall be calculated using astraight-
11 line basis based on an annual rate of depreciation of twenty percent
12 (20%). (For example, the COUNTY will reimburse the MUNICIPALITY
13 sixty percent (60%) of the initial allowable construction costs of a
14 TRANSIT INFRASTRUCTURE, reimbursed by COUNTY, which is
15 removed within two (2) years of the date a certificate of occupancy was
16 issued by the MUNICIPALITY for the TRANSIT INFRASTRUCTURE.)
17 All TRANSIT INFRASTRUCTURE(s) removed and not relocated by the
18 MUNICIPALITY shall be delivered to and become the property of
19 COUNTY, at no additional cost to COUNTY, unless the COUNTY shall
20 waive, in writing, its rights to the TRANSIT INFRASTRUCTURE.
21
22 B. Should a TRANSIT INFRASTRUCTURE need to be removed or
23 relocated as a result of an action of the MUNICIPALITY (e.g., new
24 development, road widening), the cost of the relocation or removal shall
25 be borne solely by the MUNICIPALITY. In addition, the MUNICIPALITY
26 shall reimburse the COUNTY for all funds provided by the COUNTY for
27 the acquisition, construction and installation of TRANSIT
28 INFRASTRUCTURE, for any TRANSIT INFRASTRUCTURE which is
29 removed and not relocated to an alternative site within ninety (90) days
30 of its removal. Notwithstanding the foregoing, the MUNICIPALITY shall
31 not be obligated to relocate a TRANSIT INFRASTRUCTURE, removed
32 by the MUNICIPALITY, that has been in use for at least five (5) years
33 from the date a certificate of occupancy was issued. Any TRANSIT
34 INFRASTRUCTURE removed under this subparagraph shall be
35 delivered to and become the property of County at no additional cost to
36 COUNTY, unless the COUNTY shall waive, in writing, its rights to the
37 TRANSIT INFRASTRUCTURE.
38
39 13. SHELTER Standards: Any SHELTER(s) acquired, constructed and installed
40 -- ----with-funds- provided- under this Agreement sha11 meet and satisfy the following
41 minimum standards:
42
43 A. Be durable, vandal-resistant, low maintenance, and remain structurally
44 sound during a minimum ten (10) year usable life.
45
46 B. Be covered by a standing seam peaked roof design, curved roof design
47 or COUNTY approved equal (no flat roof design) with an insulated roof
48 either attached to and conforming to the roof pitch or installed so that the
49 insulation creates a flat ceiling no less than 7-feet 6-inches (7'6") in
50 height. Roof drainage and scuppering shall be to the rear or sides of the
51 shelter.
52
53
54 C. Be designed to withstand current wind load code requirements. A
registered engineer licensed in the State of Florida shall si
n desi
n
g
g
55 calculations. The anchoring technique shall allow for minimal effort to
56 remove and reinstall the shelter.
57
4
1 D. Have a minimum of two (2) sides (the back may be modified to allow
2 wheelchair access) and an open front with sufficient roof coverage to
3 protect the riders from the elements.
4
5 E. Have seating for a minimum of two (2) adults and space for one (1)
6 wheelchair. Seating shall be designed with anti-vagrant dividers.
7 Seating shall either be secured to the concrete pad or to the SHELTER.
8
9 F. Be fully compliant with the Federal Americans With Disabilities Act of
10 1990, as amended, and all regulation issued related thereto, including
11 but not limited to 49 CFR Part 37; Appendix A. (such Act and its
12 implementing regulations are referred to herein as "ADA"). All surfaces,
13 signage, telephones, wheelchair lift clear area (or landing pad)
14 overhangs, ramp and pad accessibility, curb cuts and sidewalk
15 modifications shall comply with the ADA. All SHELTER sites or locations
16 shall be free of sidewalk furniture and benches, unless expressly allowed
17 by COUNTY'S contract representative.
18
19 G. Have a SHELTER foundation base which shall consist of a reinforced
20 concrete slab at least six inches (6") thick extending six inches (6")
21 beyond the SHELTER "foot-print" with a compatible paved ramp from the
22 BUS STOP to the SHELTER.
23
24 H. Be located at a current or proposed BUS STOP on an existing or
25 proposed Palm Tran route, and at a location approved by COUNTY.
26
27 I. Be located so as to meet or exceed the prevailing setback or clear zone
28 requirements and provide an unobstructed view of arriving vehicular
29 traffic for standing and seated persons.
30
31 J. Have a minimum three (3) foot clearance around the shelter and any
32 adjacent sidewalk to provide for unrestricted pedestrian traffic. If located
33 adjacent to a building, the SHELTER design shall include atwelve-inch
34 (12") clear space at the rear of the SHELTER to permit trash removal
35 and cleaning.
36
37 K. Be located no closer than two feet (2') between the back-face of the curb
38 and the roof panels of the SHELTER to permit clear passage of bus and
39 truck side mirrors.
40
41 L. Be equipped with a free standing or pedestal mounted trash container
42 with a minimum capacity of five (5) gallons.
43
44 M. Be fully compliant with all state and federal laws including all FDOT
45 regulations.
46
47 N. Be equipped to display the Route Schedule and the System Map.
48
49 14. Maintenance Standards: The MUNICIPALITY agrees to comply with the
50 follow ing minimum standards regarding the cleaning, maintenance and removal
51 or trash and garbage which shall be the sole obligation of the MUNICIPALITY:
52 A. Each SHELTER shall be cleaned on all exposed surfaces and all graffiti,
• 53
54 and all posters, advertisements, messages, signs, etc., excluding that
required under paragraph 7 above
shall be removed no less than once
55 ,
every two (2) weeks. All trash, garbage or debris shall be removed from
56 the waste receptacle and the area surrounding the SHELTER at least bi-
57 weekly or more frequently on an "as needed" basis.
5
• 1
2
B. The SHELTER ceiling (including any ceiling fixture, if applicable) shall be
3 cleaned at least twice a year or more frequently as needed.
4
5 C. The SHELTER location grounds and area (within a fifteen (15) foot
6 radius of the center or central most point of a SHELTER) shall be kept
7 clean and free from all trash, garbage and debris, and any obstacle or
8 condition which might create a danger to a member of the public using or
9 accessing the SHELTER or the surrounding area.
10
11 D. Grass on the SHELTER location grounds shall be maintained and
12 mowed as necessary, but no less than biweekly (every two-weeks)
13 during Spring, Summer and Fall, and at least once a month during the
14 Winter.
15
16 E. All paintable surfaces, if any, of each SHELTER shall be re-painted or
17 otherwise coated as needed.
18
19 F. Fluorescent bulbs, ballasts and photocells shall be replaced as needed
20 to maintain SHELTER lighting.
21
22 G. Broken panels, bent or broken roof support posts, broken display panels,
23 burned out lights, faulty ballasts, malfunctioning photo-cells, or any
24 damaged components of any SHELTER shall be replaced within
25 seventy-two (72) hours of notification, or during bi-weekly cleaning,
26 whichever is earlier. The MUNICIPALITY shall repair of any hazardous
27 safety situation within two (2) hours after receipt of notification. All
28 replacement parts shall be of the same quality and type or better than
29 those originally installed.
30
31 H. Any damage, whether caused by vandals or otherwise, shall be
32 immediately repaired and the SHELTER restored to its original condition,
33 or replaced, unless permission to do otherwise is received in writing from
34 COUNTY'S oontract representative.
35
36 15. Lighting: The MUNICIPALITY shall supply and pay for all installation and usage
37 charges for any utility service supplied to a TRANSIT INFRASTRUCTURE.
38 Each TRANSIT INFRASTRUCTURE shall be lighted from dusk to dawn.
39 Lighting may be provided by either solar power or supplied from a conventional
40 --- -public utility.--Power supplied by a conventional public-utility wilt be-Ground f=ault
41 Interrupter (GFI) protected.
42
43 16. Advertisements: The MUNICIPALITY shall not allow any advertisement,
44 advertising, notices, postings, signage or messages, of any kind or type
45 whatsoever, to be attached to or displayed upon any TRANSIT
46 INFRASTRUCTURE, or communicated to any transit passenger except as
47 authorized under paragraph 7 above.
48
49 17. Third Party Contractors: The MUNICIPALITY shall require each contractor
50 engaged to perform any work or services associated with this Agreement to:
51
52 A. Obtain and maintain Workers' Compensation coverage in accordance
53 with Florida Statutes.
54
55 B. Obtain and maintain Commercial General Liability coverage, including
56 vehicle coverage, in combined single limits of not less than ONE
57 MILLION AND 00/100 DOLLARS ($1,000,000.00).
6
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2
C. The MUNICIPALITY shall require each contractor to save, defend,
3 indemnify and hold harmless the MUNICIPALITY, COUNTY and Palm
4 Tran, Inc., their respective directors, officers, employees, servants or
5 agents from any and all liability which might inure to MUNICIPALITY,
6 COUNTY or Palm Tran, Inc. as a result of or related to any contractor's
7 performance or failure to perform any duty or obligation of
8 MUNICIPALITY under this Agreement. The MUNICIPALITY shall
9 include the following provisions in all third party contracts:
10
11 Contractor agrees to protect, defend, reimburse, save,
12 indemnify and hold the MUNICIPALITY, COUNTY and
13 Palm Tran, Inc., their successors or assigns, and their
14 respective directors, officers, employees, servants and
15 agents, free and harmless at all times from and against
16 any and all suits, actions, damages, liabilities, interest,
17 attorneys' fees, costs and expenses of whatsoever kind
18 or nature arising out of or related to the design,
19 construction, installation, cleaning, or maintenance of the
20 TRANSIT INFRASTRUCTURE (s) and the landscaping
21 and surrounding area and whether directly or indirectly
22 caused, occasioned or contributed to, in whole or in part,
23 by reason of any act, omission, fault or negligence
24 whether active or passive, of the MUNICIPALITY,
25 COUNTY or Palm Tran, Inc., or anyone acting under
26 their direction or control.
27
28 The Contractor further agrees to indemnify, defend, save
29 and hold harmless the MUNICIPALITY, COUNTY and
30 Palm Tran, Inc., their respective directors, officers,
31 agents, servants and employees from and against any
32 claim, demand or cause of action of whatsoever kind or
33 nature arising out of any conduct or misconduct of the
34 Contractor not included in the paragraph above and for
35 which the MUNICIPALITY, COUNTY or Palm Tran, Inc.,
36 or their respective directors, officers, agents, servants or
37 employees are alleged to be liable.
38
39 Contractor's hold harmless and indemnity obligations
--- shah apply to the fuifest extent permitted by taw.
41 Contractor's obligations hereunder shall include and
42 encompass any liability which may inure or accrue to the
43 MUNICIPALITY, COUNTY or Palm Tran, Inc. as a result
44 of Contractor's performance or failure to perform its
45 contract with the MUNICIPALITY.
46
47 Any compromise or settlement of any claim, or
48 satisfaction of judgment by Contractor for itself,
49 MUNICIPALITY, COUNTY or Palm Tran, Inc. shall not
50 relieve Contractor of its obligations to any entity not
51 included within or made a party to such settlement or
52 satisfaction.
. 53
54
18. Ownership and Right to Use: The MUNICIPALITY agrees that title to and
55 ownership of each TRANSIT INFRASTRUCTURE acquired, constructed and
56 installed with funds provided, under this Agreement is vested in the
57 MUNICIPALITY subject to the COUNTY'S interest described herein, paragraph
• 1
2 12 above and in any other provision of this Agreement. MUNICIPALITY hereby
expressly grants and conveys to COUNTY a perpetual irrevocable and exclusive
3 right, privilege and license to access and use any TRANSIT INFRASTRUCTURE
4 (s) and the surrounding real property upon which the TRANSIT
5 INFRASTRUCTURE (s) are installed, for a public transit stop, passenger waiting
6 area and transfer location, and any other use consistent with or accessory to the
7 COUNTY'S use of the TRANSIT INFRASTRUCTURE (s) and the surrounding
8 site.
9
10 19. Installation: The installation of any TRANSIT INFRASTRUCTURE funded,
11 under this Agreement shall be completed and final invoices submitted to the
12 COUNTY two (2) years from execution of this Agreement or such additional
13 period permitted in writing by COUNTY'S contract representative. The COUNTY
14 shall have no obligation to the MUNICIPALITY or any other entity or person for
15 any cost incurred thereafter. MUNICIPALITY shall not permit any third party
16 contractor to lien or encumber, in any form or manner, any TRANSIT
17 INFRASTRUCTURE installed under this Agreement or the real property upon
18 which a TRANSIT INFRASTRUCTURE is installed, or to otherwise impair or
19 interfere with any rights or interests the COUNTY has in a TRANSIT
20 INFRASTRUCTURE or the site upon which it is located.
21
22 20. Invoicing: Invoices shall be itemized in sufficient detail for pre-payment audit
23 thereof, and shall be supported by copies of the corresponding paid contractor
24 invoices and substantiate proof of payment and performance. The
25 MUNICIPALITY shall certify that the expenditures for which each reimbursement
26 is sought were proper, lawful, and made in accordance with the requirements of
27 this Agreement. The MUNICIPALITY shall supply any other documentation
28 requested by the COUNTY.
29
30 Invoices to the COUNTY for reimbursement must contain the following:
31
32 A. Two copies of the structural plans for each TRANSIT
33 INFRASTRUCTURE signed by a registered engineer licensed by the
34 STATE. (This may be waived, if as part of the transit infrastructure the
35 shelter selected is the COUNTY'S standard design).
36
37 B. A project closeout summary supported by paid invoices, checks, or other
38 documentation which is sufficient in form and detail to provide for
39 verification that the services and/or materials have been performed
40 - - -and/or received and- paid for by the MUNICIPALITY. Any in-kind
41 materials and/or labor, acceptable for reimbursement under this
42 Agreement, which is included as part of the costs must be reasonably
43 documented, including payroll documentation.
44
45 C. Any right-of-way documentation including a site drawing with dimensions
46 indicating the placement of the shelter in right-of way and any additional
47 sidewalk area added as part of the installation.
48
49 D. A copy of any permits issued as well as a copy of completed foundation
50 and electrical inspections.
51
52 Invoices received from the MUNICIPALITY will be reviewed and, as appropriate,
53 approved by the COUNTY'S Contract Representative or his designee, indicating
54 that the expenditures have been made in conformity with the requirements of this
55 Agreement. Thereafter, they will be sent to COUNTY'S Finance Department for
56 final approval and payment. Invoices will normally be paid within sixty (60) days
57 following approval.
8
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2
21.
Repayment: The MUNICIPALITY shall repay the COUNTY for all unauthorized,
3 impermissible, illegal or unlawful expenditures for which the MUNICIPALITY was
4 reimbursed, including those discovered after the expiration or earlier termination
5 of this Agreement. Any funds to be repaid to COUNTY are to be repaid within
6 ten (10) days of COUNTY'S demand for repayment by delivering to COUNTY'S
7 Contract Representative a certified check for the total amount due and payable.
8 Nothing contained herein shall act as a limitation of the COUNTY'S right to be
9 repaid, as a waiver of any rights the COUNTY had, has, or may have, or shall
10 preclude the COUNTY from pursuing any other remedy, whether legal or
11 equitable, which may be available to COUNTY.
12
13 22. Records: The MUNICIPALITY shall maintain and shall require all of its
14 contractors to maintain, in Palm Beach County, adequate records to justify all
15 charges, expenses, and costs incurred for at least three (3) years after final
16 payment by the COUNTY.
17
18 23. Independent Contractor and Indemnification: The MUNICIPALITY
19 recognizes that it is an independent contractor, and not an agent or servant of
20 the COUNTY or its Board of County Commissioners. The MUNICIPALITY
21 agrees, to the extent permitted by law, to indemnify, defend, save and hold
22 harmless the COUNTY and Palm Tran, Inc., their respective officers, directors,
23 employees, servants or agents from and against any and all claims, suits,
24 actions, damages, liabilities, interest, attorney's fees, costs and expenses of any
25 type whatsoever arising out of or relating to the acquisition, construction,
26 installation, existence, usage or maintenance of the TRANSIT
27 INFRASTRUCTURE(s) or any activity, service or item which is the responsibility
28 of the MUNICIPALITY as such activity, service or item may be related to this
29 Agreement. The MUNICIPALITY agrees to pay all costs, attorney's fees and
30 expenses incurred by the COUNTY or Palm Tran, Inc., or their respective
31 officers, employees, servants or agents in connection with such claims, liabilities
32 or suits, except those which are incurred due to the negligence of the COUNTY
33 as such negligence relates to the funds provided by COUNTY under this
34 Agreement.
35
36 24. Nondiscrimination: The MUNICIPALITY represents and warrants that it will not
37 discriminate in its performance of this Agreement and that its employees and
38 members of the public utilizing public transportation services will be treated
39 equally and without regard to race, color, age, sex, national origin, ancestry,
40 marital status, sexvai orientation; handicap, disability, or religion and sfialt not be
41 excluded from the benefits of, or be subjected to any form of discrimination under
42 any activity carried out under this Agreement.
43
44 25. Remedies: This Agreement shall be construed in accordance with and
45 governed by the laws of the State of Florida. Any and all legal action necessary
46 to enforce the Agreement shall be held in Palm Beach County. No remedy
47 herein conferred upon any party is intended to be exclusive of any other remedy,
48 and each and every other remedy shall be cumulative and shall be in addition to
49 every other remedy given hereunder or now, or hereafter existing at law or in
50 equity or by statute or otherwise. No single or partial exercise by any party of
51 any right, power, or remedy shall preclude any other or further exercise thereof.
52
53 26. Enforcement: Any costs or expenses, including reasonable attorney's fees,
. 54 associated with the enforcement of the terms and conditions of this Agreement
55 shall be borne by the party incurring such cost or expense.
56
1
• 2 27. Notice of Claim or Suit: The MUNICIPALITY will promptly notify the COUNTY
of any accident, injury, claim, or related complaint, claim, suit, or cause of action
3 threatened or commenced against it which arises out of or relates, in any
4 manner, to the performance of this Agreement. Upon the request of COUNTY,
5 the MUNICIPALITY will provide all information, in its or its contractors'
6 possession, related to the accident, injury, claim, or lawsuit, including but not
7 limited to the date, time, place, and circumstances, and the names and
8 addresses of the people involved and the owners of property damaged.
9
10 28. Default: The parties expressly covenant and agree that in the event either party
11 is in default of its obligations under this Agreement, the party not in default shall
12 provide the defaulting party thirty (30) days written notice before declaring a
13 default and exercising any of its rights, including the right to terminate this
14 Agreement; provided, however, that nothing contained in this paragraph shall
15 preclude or prohibit the COUNTY from exercising its right to remedy any
16 deficiency of the type or kind described in paragraph 11 above. COUNTY shall
17 have the right to immediately remedy any such deficiency, with or without notice
18 to MUNICIPALITY, and MUNICIPALITY shall be responsible for all costs incurred
19 by COUNTY to correct the deficiency.
20
21 29. Entirety of Agreement: This Agreement sets forth the entire agreement
22 between the parties, and there are no promises or understandings other than
23 those stated herein. Except as expressly permitted herein to the contrary, no
24 modification, amendment, or alteration in the terms or conditions contained
25 herein shall be effective unless contained in a written document executed with
26 the same formality and equality of dignity herewith.
27
28 30. Joint Preparation: The preparation of this Agreement has been a joint effort of
29 the parties, and the resulting document shall not, solely as a matter of judicial
30 interpretation, be construed more severely against one of the parties than the
31 other.
32
33 31. Captions: The captions and section or paragraph designations set forth in this
34 Agreement are for convenience only and shall have no substantive meaning.
35
36 32. Contract Representatives and Notice: The COUNTY'S representative during
37 the performance of this Agreement shall be the Executive Director of Palm Tran
38 whose telephone number is 561-841-4200. The MUNICIPALITY'S
39 representative during the performance of this Agreement shall be its Mayor
40 - whose telephone number is - _ - _ All-notices-required to
41 be given under this Agreement shall be addressed:
42
43 As to COUNTY
44
45 Palm Tran
46 Attn: Executive Director
47 3201 Electronics Way
48 West Palm Beach, Florida 33407
49
50 As to MUNICIPALITY
51
52
53
54
55
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• 2 33. Annual Appropriation: The COUNTY'S performance and obligation under this
Agreement is contingent upon an annual budgetary appropriation by County's
3 Board of County Commissioners for the purposes described in this Agreement.
4
5 34. Waiver: No waiver of any provision(s) of this Agreement shall be effective
6 unless it is in writing signed by the party against whom it is asserted and any
7 such written waiver shall only be applicable to the specific instance to which it
8 relates and shall not be deemed a continuing or future waiver.
9
10 35. Severability: Should any section, paragraph, sentence, clause or provision
11 hereof be held by a court of competent jurisdiction to be invalid, such holding
12 shall not affect the remaining portions of this Agreement.
13
14 36. Survivability: Any provision of this Agreement which is a continuing nature or
15 imposes an obligation which extends beyond the expiration or termination of this
16 Agreement shall survive its expiration or termination.
17
18 37. Compliance with Laws: The MUNICIPALITY shall abide by all applicable laws,
19 orders, rules and regulations of the MUNICIPALITY and the COUNTY, and the
20 MUNICIPALITY shall comply with all applicable governmental landscaping codes
21 and/or requirements in the installation, maintenance and replacement of the
22 TRANSIT INFRASTRUCTURE(s).
23
24 38. No Waiver of Sovereign Immunity: The parties to this Agreement shall not be
25 deemed to assume any liability for the negligent or wrongful acts, or omissions of
26 the other party. Nothing contained herein shall be construed as a waiver, by
27 either party, of the liability limits established in Section 768.28, Florida Statutes.
28
29 39. Filing: A copy of this Agreement shall be filed with the Clerk of the Circuit Court
30 in and for Palm Beach County, Florida.
31
32 40. Effective Date: The effective date of this Agreement shall be the date executed
33 by the COUNTY having previously been executed by the MUNICIPALITY.
34
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~...~
IN WITNESS WHEREOF, the parties have executed this Interlocal Agreement and it is
effective on the date first above written.
Palm Beach County, Florida, by its
Board of County Commissioners
By:
Chair
Attest:
Dorothy H. Wilken, Clerk
By:
Deputy Clerk
Approved as to Terms and Conditions
By:
Perry Maull, Executive Director
Palm Tran
Approved as to Form
and Legal Sufficiency
County Attorney
Village of North Palm Beach
(Name of MUNICIPALITY)
By:
ayor ~~,~llullr,/~,,,,
Attest: ~ t ~ ~ l , i' ~ ' I '
r ti ~. :' r ~,
. ~ ,, ,,
~~/~ ~7 n~ 1. e r l Y
~~ ~'
/ 1/lllnr ,
By:
ni ipal Clerk
Approved as to Form
and,~egal Sufficiency
ICIP
12
•
1
2 Exhibit "A"
3 to the Interlocal Agreement for the
4 Enhancement of Transit Infrastructure On US 1
s
6
7
s The following Enhancement of Transit Infrastructure will
9 be constructed within the jurisdictional boundaries of the
to MUNICIPALITY and be funded, by this Interlocal Agreement.
11
12
13
14
15
16 (Remainder of Page Intentionally Left Blank)
•
1. Specialty Paver area equals the shelter size footprint plus ari additional 3' of pavement on the side, front and rear of shelter.
2. Installation and demolition estimated at $7,000.
3. Real time information cost for AVL system is $8,000 per vehicle- Includes 5 years wireless service, 1 year warranty on hardware; does not include project management cost.
AVL system not included in total cost; Palm Tran has plans to equip all buses with AVL software.
4. Based on 2000 cost per mile of 5' sidewalk per side
5. Total cost represents maximum cost including enhanced shelter and amenities.
6. Cost represents 1/2 actual cost ($2,000) to compensate for the assumption that only 50% of shelters require additional lighting.
7. Real time information signs cost $13,000 per sign plus $2,000 for installation (electricity)
Exhibit A -Page 1 of 2
Village of North Palm Beach
Note: Italicized stop locations are subject to Palm Tran revisions
• •
Exhibit A -Page 2 of 2
Village of North Palm Beach