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R2022-39 Osborne Park Basketball Court Renovation ContractRESOLUTION 2022-39
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA APPROVING A PROPOSAL FROM M &
M ASPHALT MAINTENANCE, INC. D/B/A ALL COUNTY PAVING FOR
THE RENOVATION OF THE OSBORNE PARK BASKETBALL COURT
PURSUANT TO PRICING ESTABLISHED IN AN EXISTING PALM BEACH
COUNTY SCHOOL DISTRICT CONTRACT; AUTHORIZING THE MAYOR
AND VILLAGE CLERK TO EXECUTE A CONTRACT FOR SUCH
SERVICES; APPROVING A BUDGET AMENDMENT TO THE RECREATION
GRANT FUND TO REFLECT THE RECEIPT AND APPROPRIATION OF
FRDAP GRANT FUNDS TO FACILITATE THE PURCHASE; PROVIDING
FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Village was awarded a non-matching $50,000.00 Florida Recreation Department
Assistance Program (FRDAP) Grant for the renovation of the basketball court as Osborne Park; and
WHEREAS, Village Staff recommends accepting the proposal from M & M Asphalt Maintenance,
Inc. d/b/a All County Paving for the basketball court renovation utilizing pricing established in an
existing Palm Beach County School District Contract for Paving and Drainage Services (Contract
No. 20C -46V) at a total cost of $29,997.00; and
WHEREAS, in order to fund the purchase, the Village Council wishes to amend the Recreation
Grant Fund Budget to account for the receipt and appropriation of the grant funds; and
WHEREAS, the Village Council determines that the adoption of this Resolution is in the best
interests of the Village and its residents.
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE
OF NORTH PALM BEACH, FLORIDA as follows:
Section 1. The foregoing recitals are ratified as true and incorporated herein.
Section 2. The Village Council hereby accepts the proposal from M & M Asphalt
Maintenance, Inc. d/b/a All County Paving for the renovation of the Osborne Park basketball court
utilizing pricing established in an existing Palm Beach County School District Contract for Paving
and Drainage Services (Contract No. 20C -46V) at a total cost of $29,997.00, with funds expended
from Account No. U8024-66000 (Osborne Park Grant Expense — Capital). The Village Council
further authorizes the Mayor and Village Clerk to execute a Contract for such services, a copy of
which is attached hereto and incorporated herein.
Section 3. In order to reflect the receipt and appropriation of grant funds, the Village Council
hereby approves the following budget amendment:
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Budget Amendment — Recreation Grant Fund:
Account
Description
Use
Source
U2124-33025
Osborne Park Grant Revenue — FRDAP
$501000
U8024-66000
Osborne Park Grant Expense — Capital
$5000
Total
$505000
$ 509000
Section 4. The Mayor and Village Clerk are hereby authorized and directed to execute the
budget amendment for and on behalf of the Village of North Palm Beach.
Section 5. All resolutions in conflict with this Resolution are hereby repealed to the extent of
such conflict.
Section 6. This Resolution shall take effect immediately upon its adoption.
PASSED AND ADOPTED THIS 12TH DAY OF MAY, 2022.
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ATTEST:
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VILLAGE CLERK
Page 2 of 2
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CONTRACT
This Contract is made as of this 12th day of May, 2022, by and between the VILLAGE OF NORTH
PALM BEACH, 501 U.S. Highway One, North Palm Beach, Florida 33408, a Florida municipal
corporation (hereinafter “VILLAGE”), and M & M ASPHALT MAINTENANCE, INC. D/B/A
ALL COUNTY PAVING, 1180 S.W. 10th Street, Delray Beach, Florida 33444, a Florida
corporation (hereinafter “CONTRACTOR”), whose F.E.I. Number is 61-1595442.
RECITALS
WHEREAS, the VILLAGE is in need of a contractor for the renovation of the basketball court at
Osborne Park; and
WHEREAS, the School District of Palm Beach County, through its competitive selection process,
awarded a Contract for Paving and Drainage Services (Contract No. 20C-46V) to
CONTRACTOR; and
WHEREAS, the VILLAGE requested that the CONTRACTOR provide a proposal for the
renovation of the basketball court at Osborne Park based on the pricing established in the School
District Contract; and
WHEREAS, as authorized by the VILLAGE’s purchasing policies and procedures, the VILLAGE
desires to retain CONTRACTOR’s services by “piggy-backing” the School District Contract,
including all terms, conditions and pricing set forth therein.
NOW THEREFORE, in consideration of the mutual promises set forth herein, the receipt and
sufficiency of which are hereby acknowledged, the parties hereto agree as follows:
1. Recitals. The parties agree that the recitals set forth above are true and correct and are
fully incorporated herein by reference.
2. School District Contract. The School District of Palm Beach County’s Contract for Paving
and Drainage Services (Contract No. 20C-46V) with CONTRACTOR, attached hereto as Exhibit
A,” is incorporated herein by reference.
3. CONTRACTOR’s Services and Time of Completion.
A. In accordance with the terms and conditions of the School District Contract and at the
direction of the VILLAGE, CONTRACTOR shall perform the renovation work in accordance with
its Proposal dated March 8, 2022 (No. TS-136Rev1), a copy of which is attached hereto as Exhibit
B” and incorporated herein by reference.
B. The total cost of such services shall not exceed $29,997.00.
C. The services to be provided by CONTRACTOR shall be commenced subsequent to the
execution and approval of this Contract by the VILLAGE and upon written notice from the
VILLAGE to CONTRACTOR to proceed and shall be completed within ninety (90) calendar days.
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4. Conflict of Terms and Conditions. Conflicts between documents shall be resolved in the
following order of precedence:
A. This Contract
B. Exhibit “A” (School District Contract)
C. Exhibit “B” (CONTRACTOR’s Proposal)
5. Compensation to CONTRACTOR. Payments by the VILLAGE to CONTRACTOR under
this Contract shall not exceed the amount of compensation stated in Section 3(B) above without
prior written consent of the VILLAGE. CONTRACTOR shall submit invoices to the VILLAGE
for review and approval by the VILLAGE’s representative, indicating that goods and services have
been provided and rendered in conformity with this Contract, and they then will be sent to the
Finance Department for payment. Invoices will normally be paid within thirty (30) days following
the VILLAGE representative’s approval. CONTRACTOR waives consequential or incidental
damages for claims, disputes or other matters in question arising out of or relating to this Contract.
In order for both parties herein to close their books and records, CONTRACTOR will clearly state
final invoice” on CONTRACTOR’s final/last billing to the VILLAGE. This certifies that all
goods and services have been properly performed and all charges have been invoiced to the
VILLAGE. Since this account will thereupon be closed, any and other further charges if not
properly included in this final invoice are waived by CONTRACTOR. The VILLAGE will not be
liable for any invoice from CONTRACTOR submitted thirty (30) days after the provision of all
goods and services.
6. Period and Renewals. This Contract shall be for the term as indicated in the School District
Contract. Extensions or renewals to the School District Contract or any modification including
new products, terms, or price changes to the School District Contract shall be submitted by
CONTRACTOR to the VILLAGE for approval. In the event the School District Contract expires
and no new contract is let by the School District, VILLAGE reserves the right, upon written
agreement with CONTRACTOR to renew this Contract under the same terms and conditions for
an additional period of one (1) year.
7. Insurance. CONTRACTOR shall obtain and maintain during the term of this Contract all
insurance required under the School District Contract, with the VILLAGE named as an additional
insured.
8. Indemnification.
A. To the fullest extent permitted by applicable laws and regulations, CONTRACTOR shall
indemnify and save harmless and defend the VILLAGE, its officials, agents, servants, and
employees from and against any and all claims, liability, losses, and/or causes of action arising out
of or in any way related to the services furnished by CONTRACTOR pursuant to this Contract,
including, but not limited to, those caused by or arising out of any act, omission, negligence or
default of CONTRACTOR and/or its subcontractors, agents, servants or employees.
B. CONTRACTOR shall not be required to indemnify the VILLAGE, its officials, agents,
servants and employees when the occurrence results solely from the wrongful acts or omissions of
the VILLAGE, its officials, agents, servants and employees. The terms of this Section shall
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survive completion of all services, obligations and duties provided for in this Contract as well as
the termination of this Agreement for any reason.
C. Nothing contained in this Contract shall create a contractual relationship with or a cause of
action in favor of a third party against either the VILLAGE or CONTRACTOR, nor shall this
Contract be construed a waiver of sovereign immunity beyond the limited waiver provided in §
768.28, Florida Statutes.
9. Compliance with all Laws, Regulations and Ordinances. In performing the services
contemplated by this Contract, CONTRACTOR shall obtain all required permits (if any) and
comply with all applicable federal, state and local laws, regulations and ordinances, including, but
by no means limited to, all requirements of the Village Code and the Florida Building Code.
10. Warranty/Guaranty. Unless a longer period is stated in the School District Contract,
CONTRACTOR warrants that its goods and services provided under this Contract will be free of
defects in materials and workmanship for a period of one (1) year following delivery and
completion of those goods and services.
11. Access/Audits. CONTRACTOR shall maintain adequate records to justify all charges,
expenses, and costs incurred in estimating and performing services pursuant to this Contract for at
least five (5) years after termination of this Contract. The VILLAGE shall have access to such
books, records, and documents as required in this section for the purpose of inspection or audit
during normal business hours, at CONTRACTOR’s place of business. Under no circumstances
will CONTRACTOR be required to disclose any confidential or proprietary information regarding
its products and service costs.
12. Miscellaneous Provisions.
A. Failure of a party to enforce or exercise any of its right(s) under this Contract shall not be
deemed a waiver of that parties’ right to enforce or exercise said right(s) at any time thereafter.
B. This Contract shall be governed by the laws of the State of Florida. Any and all legal action
necessary to enforce the Contract will be held in Palm Beach County. No remedy herein conferred
upon any party is intended to be exclusive of any other remedy, and each and every such 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 hereunder shall preclude any other or further exercise
thereof. The parties knowingly, voluntarily and intentionally waive any right they may have
to trial by jury with respect to any litigation arising out of or in connection with this Contract.
C. If any legal action or other proceeding is brought for the enforcement of this Contract, or
because of an alleged dispute, breach, default or misrepresentation in connection with any
provisions of this Contract, the successful or prevailing party or parties shall be entitled to recover
reasonable attorney’s fees, court costs and all expenses (including taxes) even if not taxable as
court awarded costs (including, without limitation, all such fees, costs and expenses incident to
appeals), incurred in that action or proceeding, in addition to any other relief to which such party
or parties may be entitled.
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D. If any term or provision of this Contract, or the application thereof to any person or
circumstances shall, to any extent, be held invalid or unenforceable, to remainder of this Contract,
or the application of such terms or provision, to persons or circumstances other than those as to
which it is held invalid or unenforceable, shall not be affected, and every other term and provision
of this Contract shall be deemed valid and enforceable to the extent permitted by law.
E. All notices required in this Contract shall be sent by certified mail, return receipt requested,
and sent to the addresses appearing on the first page of this Contract.
F. The VILLAGE and CONTRACTOR agree that this Contract sets forth the entire
agreement between the parties, and that there are no promises or understandings other than those
stated herein. None of the provisions, terms and conditions contained in this Contract may be
added to, modified, superseded or otherwise altered, except by written instrument executed by the
parties hereto. Any provision of this Contract which is of a continuing nature or imposes an
obligation which extends beyond the term of this Contract shall survive its expiration or earlier
termination.
G. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO
THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT:
561) 841-3355; NPBCLERK@VILLAGE-NPB.ORG; OR 501 U.S. HIGHWAY
ONE, NORTH PALM BEACH, FL 33408.
In performing services pursuant to this Contract, CONTRACTOR shall comply with all relevant
provisions of Chapter 119, Florida Statutes. As required by Section 119.0701, Florida Statutes,
CONTRACTOR shall:
1. Keep and maintain public records required by the VILLAGE to perform the service.
2. Upon request from the VILLAGE’s custodian of public records, provide the VILLAGE
with a copy the requested records or allow the records to be inspected or copied within a
reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida
Statutes, or as otherwise provided by law.
3. Ensure that public records that are exempt or confidential and exempt from public records
disclosure requirements are not disclosed except as authorized by law for the duration of
the Contract term and following completion of the Contract if the CONTRACTOR does
not transfer the records to the VILLAGE.
4. Upon completion of the Contract, transfer, at no cost, to the VILLAGE all public records
in possession of CONTRACTOR or keep and maintain public records required by the
VILLAGE to perform the services. If CONTRACTOR transfers all public records to the
VILLAGE upon completion of the Contract, CONTRACTOR shall destroy any duplicate
public records that are exempt or confidential and exempt from public records disclosure
requirements. If CONTRACTOR keeps and maintains public records upon completion of
the Contract, CONTRACTOR shall meet all applicable requirements for retaining public
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records. All records stored electronically must be provided to the VILLAGE, upon request
from the VILLAGE’s custodian of public records, in a format that is compatible with the
information technology systems of the VILLAGE.
H. CONTRACTOR is aware that the Inspector General of Palm Beach County has the authority
to investigate and audit matters relating to the negotiation and performance of this Contract, and
in furtherance thereof, may demand and obtain records and testimony from CONTRACTOR and
its subcontractors. CONTRACTOR understands and agrees that in addition to all other remedies
and consequences provided by law, the failure of CONTRACTOR or its subcontractors to fully
cooperate with the Inspector General when requested may be deemed by the VILLAGE to be a
material breach of the Contract justifying termination.
I. CONTRACTOR warrants and represents that CONTRACTOR and all subcontractors are
in compliance with Section 448.095, Florida Statutes, as may be amended. CONTRACTOR has
registered to use, and shall continue to use, the E-Verify System (E-Verify.gov) to electronically
verify the employment eligibility of newly hired employees and has received an affidavit from
each subcontractor stating that the subcontractor does not employ, contract with or subcontract
with an unauthorized alien. If the VILLAGE has a good faith belief that CONTRACTOR has
knowingly violated Section 448.09(1), Florida Statutes, the VILLAGE shall terminate this
Contract pursuant to Section 448.095(2), Florida Statutes, as may be amended. If the VILLAGE
has a good faith believe that a subcontractor has knowingly violated Section 448.09(1), Florida
Statutes, but CONTRACTOR has otherwise complained, it shall notify CONTRACTOR, and
CONTRACTOR shall immediately terminate its contract with the subcontractor.
IN WITNESS WHEREOF, the VILLAGE and CONTRACTOR hereto have made and executed
this Contract as of the day and year first above written.
M & M ASPHALT MAINTENANCE, INC. D/B/A ALL COUNTY PAVING
By:
Print Name:__________________________
Position:_____________________________
VILLAGE OF NORTH PALM BEACH
By: ________________________________
DEBORAH SEARCY
MAYOR
ATTEST:
BY:________________________________
VILLAGE CLERK
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EVP
Jeffrey Cohen
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APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY: ________________________________
VILLAGE ATTORNEY
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