1996-033 Recreation Assistance Program GrantRESOLUTION 33-96
• 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 AGREEMENT WITH THE BOARD OF COUNTY
COMMISSIONERS OF PALM BEACH COUNTY ATTACHED AS EXHIBIT "A", WHICH
AGREEMENT PROVIDES THE VILLAGE WITH RECREATION ASSISTANCE PROGRAM
FUNDING OF $50,000.00 FOR INSTALLATION OF LIGHTING AT THE NORTH PALM
BEACH COMMUNITY CENTER MULTI-USE ATHLETIC FIELDS; AND, PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, the Village of North Palm Beach is desirous of securing funding from the
Board of County Commissioners of Palm Beach County of $50,000.00 for lighting of multi-use
athletic fields at the North Palm Beach Community Center.
BE 1T 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 agreement with the Board of County Commissioners of Palm Beach County attached
• as Exhibit "A", which agreement provides the Village with recreation assistance program funding
of $50,000.00 for installation of lighting at the North Palm Beach Community Center multi-use
athletic fields.
Section 2. The Mayor and Village Clerk are hereby authorized and directed to execute
the 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.
Section 3. This Resolution shall take effect immediately upon its adoption.
PASSED AND ADOPTED THIS 9th DAY OF MAY, 1996.
(Village Seal)
ATTEST:
MAYOR
•
VILLAGE LERK
R96 1050D
AGREEMENT BETWEEN PALM HEACH COUNTY AND THE
VILLAGE OF NORTH PALM HEACH FOR LIGHTING AT
• THE NORTH PALM BEACH COMMUNITY CENTER MULTI-
USE FIELD
THIS AGREEMENT ie made and entered into this AUG 20 1996 day
of 1996, by and between Palm Beach County, a
political subdivision of the State of Florida, hereinafter referred
to as "County', and the Village of North Palm Beach, a municipal
corporation, hereinafter referred to as "North Palm Beach".
W I T N E S S E T Ht
WHEREAS, North Palm Beach owns and operates the North Palm
Beach Community Center located on Prosperity Farms Road in the
Village of North Palm Beach; and
WHEREAS, North Palm Beach desires to provide lighting at the
Community Center's multi-use athletic fields that is anticipated to
coat approximately $486,000; and
WHEREAS, North Palm Beach has requested from County an amount
not to exceed $50,000 for installation of said multi-use athletic
field lighting; and
• WHEREAS, in the Fiscal Year 95/96 budget, County approved
funding of $200,000 per Commission District to be made available
for Recreation Assistance Projects, and this project represents
funding from the District 1 allocation; and
WHEREAS, the North Palm Beach Community Center multi-use
athletic fields shall be open to and benefit all residents of Palm
Beach County; and
WHEREAS, both parties desire t0 enter into this Agreement,
NOW THEREFORE, in consideration of the covenants and promises
contained herein, the parties hereby agree to the following terms
and conditions:
1. County agrees to fund an amount not to exceed $50,000 to
North Palm Beach for installation of lighting at the North Palm
leach Community Center multi-use athletic fields, hereinafter
referred to as the "Project".
2. County will use its best efforts to provide said funds to
• Nozth Palm Beach on a reimbursement basis within forty-five (45)
da}•s of n-e ceipt of the following information:
a. A written statement that the Project has been
completed; and
• b. A Contract Payment Request Form and a Contractual
Services Purchases Schedule Form, attached hereto and made a part
hereof as "Exhibit A", which are required for each and every
reimbursement requested by North Palm Beach. Said information
shall list each invoice as paid by North Palm Heath and shall
include the vendor invoice number; invoice date; and the amount
paid by North Palm Beach along with the number and date of the
respective check for said payment. North Palm Beach shall attach
a copy of each vendor invoice paid by North Palm Heath and shall
make reference thereof to the applicable item listed on the
Contractual Services Purchases Schedule Form. Further, North Palm
Heath's Project Administrator and Project Financial Officer shall
certify the total funds spent by North Palm Seach on the Project
and shall also certify that each vendor invoice as listed on the
Contractual Services Purchases Schedule Form was paid by North Palm
Heath as indicated.
• 3. North Palm Beach warrants that the Project depicted on
"Exhibit B", attached hereto and made a part hereof, shall be open
[c [he cereral public on a non-discriminatory basis regardless of
residency, race, color, religion, disability, sex, age, national
origin, ancestry, marital status, or sexual orientation.
9. North Palm Beach shall complete the Project and provide
accounting data to County for same on or before eighteen (18)
months from the date of execution of this Agreement by the parties
hereto. Upon written notification to County at least thirty (30)
days prior to that date, North Palm Beach may request an extension
beyond this period for the purpose of completing the Project.
County shall not unreasonably deny North Palm Beach's request for
said extension.
5. North Palm Beach shall be responsible for all costs of
operation and maintenance of the Project.
6. The term oP this Agreement shall be for fifteen (15) years
• commencing upon the date of execution by the parties hereto.
2
7. Within the extent permitted by law, North Palm Beach shall
• indemnify and hold County harmless from and against any and all
loss, suit, action, legal or administrative proceeding, claim,
demand, damage, liability, interest, attorney's fee, coat and/or
expense of whatsoever kind or nature arising in any manner directly
or indirectly related to the performance of this Agreement.
However, North Palm Beach does not indemnify the County from and
against any and all loss, suit, action, legal or administrative
proceeding, claim, demand, damage, liability, interest, attorney's
fee, cost and/or expense due to the County's negligence, nor shall
thz liability limits seC forth in Section 768.28, Florida Statutes,
be waived.
8. Prior to execution of this Agreement by the County, North
Palm Beach shall provide certificates evidencing insurance
coverages as required herein. North Palm Beach shall, during the
term of this Agreement and any extension hereof, maintain in full
force and effect commercial general liability insurance, including
contractual liability and completed operations liability, in the
amount specified in Section 768.28, Florida Statutes, to
specifically cover all exposures associated with the Project and
terns and conditions of this Agreement. In addition, North Palm
aeach shall, during the term of this Agreement any extension
hereof, maintain Property Insurance (All-Risk) to include fire,
wind, storm and flood damage in an amount sufficient for the total
replacement of- the project. Compliance with the foregoing
requirements shall not relieve North Palm Beach of its liability
and obligations under. this Agreement.
9. The parties may pursue any and all actions available under
law to enforce this Agreement including, but not limited to,
actions arising from the breach of any provision set forth herein.
10. Tl:is Agreement shall be governed by the laws of the State
of Florida and any and al.l legal action necessary to enforce this
Agreement shall be held in Palm Beach County. In the event any
• action, suit, or proceeding is commenced with respect to
3
9,r
•
•
•
interpretation or enforcement of this Agreement, the prevailing
party shall be entitled to recover all costa, expenses and fees,
including without limitation, reasonable attorneys fees incurred
by such party in connection therewith.
IN WITNESS WHEREOF, the undersigned parties have signed thi8
Agreeme r.t on the date first above written.
ATTEST: PALM BEACH COUNTY, FLORIDA, SY ITS
BOARD OF COUNTY COMMISSIONERS
..~,~
DOROTHY H. WILKEN, C].erk:=r`~~~'~'T''y~:,~
By `COgIiDlTY, -+ AUG 401996
Deputy Clerk +, R r
'~, ~'. ~ O R 1D
,,, . ,.-
WITNESSES: VILLAGE OF
NORTH PALM BEACH, SY
ITS VILLAGE COUNCIL
~~~~L~~=s~-~-~-~- -'- BY~ .~A~ Marks. M. D.
O Type o r Print Name
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
By:
Co my Attorney
Mavor
Titl
Signature
_ ,~:::
~ ' I!
4
PALM BEACH COUNTY
' ~ PARRS AND RECREATION DEPARTMENT
CONTRACT PAYMENT REQUEST
(Date)
(crantee) (Pro eot)
silling Period Billing 0,
Projeot Costa
This Billing
contractual Service
Salaries and Wages
Employee Benefits
( ~ of Salaries)
Materials Supplies
Direct Purchases
Grantee Stock
'yciynent
'.:a:C:
Donated Real Property
Indirect Costs
Exhibit A
Cummulative Projeot
Coate
TOTAL PROJECT COSTS ~
certification: I hereby
the above expenses were certify that
incurred f Certification: I hereby certify that
th
d
or e
ocumentation has been maintained
the work identified as being eccom- as required to support the project
plished in the attached progress expenses reported above and ie avail-
reports, able for audit upon request.
Project Administrator/Date
PBC USE_ONLY
County Funding Participation
Total project costs to data
county obligation to date
county retainage (_{)
County funds previously disbursed
County funds due this billing
Reviewed and Approved by:
• PBC Project Administrator/Date
Department Director/Date
1 of 2
Project Financial Officer/Date
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i RECREATION DEPARTMENT
PALM BEACH, FLORIDA
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