1998-015 Agreement with PBC for Recreation Equipmentn
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RESOLUTION NO. 15-98
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
BETWEEN PALM BEACH COUNTY AND THE VILLAGE OF
NORTH PALM BEACH FOR A JOGGING TRAIL WORKOUT
STATION AND MULTI USE PLAYGROUND AT THE NORTH
PALM BEACH COMMUNITY CENTER ATTACHED AS
EXHIBIT "A"; 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 Agreement between Palm
Beach County and the Village of North Palm Beach for a jogging
trail workout station and multi use playground at the North Palm
Beach Community Center attached as Exhibit "A".
Section 2. The Mayor and Village Clerk are hereby
authorized and directed to execute the agreement with 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 26th DAY OF MARCH 1998.
•
•
(Village Seal)
ATTEST: i
ILLAGE CLERK
•
Department of
Parks and Recreation June 2, 1998
2700 b[h Avenue South
Lake W'or[h. FL 33461 Mr. Dennis W. Kelley, Village Manager
(561) 966-6600 Village of North Palm Beach
FAX'. (561)642-2640 501 U.S. Highway One
httpllwwwco palm~beachFlus North Palm Beach, FI 33408
RE: PALM BEACH COUNTY RECREATION ASSISTANCE PROGRAM FUNDING
~ AGREEMENT FOR JOGGING TRAIL WORKOUT STATION AND MULTI USE
PLAYGROUND AT THE NORTH PALM BEACH COMMUNITY CENTER
Palm Beach County Dear Mr. Kelley:
Board of County
Commissioners Attached is a fully executed original of the funding Agreement for up to
Burt Aaronson, Chairman 525,000 for the purchase and installation of a jogging trail workout
station and multi use playground at the North Palm Beach Community
Maude Ford Lee. Vice Chair Center.
• Karen T. Marcus
Carol A Roberts Upon project completion, the Village should submit reimbursement
documentation as delineated in the Agreement to Susan Yinger,
U'arren H. Newell Contract/Grant Coordinator. If ou have an
y y questions on this process,
M1tary McGarry please contact Ms. Yinger at 966-6653.
Ken L Foster
We are pleased to be able to again assist the Village of North Palm Beach
in the development of the North Palm Beach Community Center.
County Administrator
Sincerely,
Robert Weisman, P.E. /)
8 nis L. Eshleman, irector//{'jam-~'1- C~~,~~~/ ~ 1 2
Parks and Recreation Department ,L'S2 `; F
Rf~~/~ s
DLE/SWY .~, s
/(/ F~
Copy to: Commissioner Karen Marcus ~y~~ N Q ~/ F
Bill Wilsher `,N~F 81998. F'
Central File - p~~ ~ .ccc
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AGREEMENT BETWEEN PALM BEACH COUNTY AND THE
VILLAGE OF NORTH PALM BEACH FOR A JOGGING TRAIL
• WORKOUT STATION AND MULTI USE PLAYGROUND AT THE
NORTH PALM BEACH COMMUNITY CENTER
R 9 8 / J. ~ Ur MAY 1 9 698
THIS AGREEMENT is made and entered into this day of
1998, 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
Florida municipal corporation, hereinafter referred to as "North Palm Beach".
WITNESSETH:
WHEREAS, North Palm Boach owns and operates the North Palm Beach
Community Confer located on Prosperity Farms Road in the Village of North Palm
Beach; and
WHEREAS, North Palm Beach desires to provide a jogging trail workout station
and a multi use playground at said Community Center that are anticipated to cost
approximately S25,000; and
WHEREAS, North Palm Beach has requested from County an amount not to
exceed 525,000 for the purchase and installation of said jogging trail workout station
and multi use playground; and
WHEREAS, funding for said Jogging trail workout station and multi use
playground in the amount of 525,000 is available from District 1 Recreation
Assistance Program reserves; and
WHEREAS, the North Palm Boach Community Center jogging trail and
playground shall be open to and benefit all residents of Palm Beach County; and
lNHEREAS, both par[ios desire to enter into this Agreement.
NOW THEREFORE, in consideration of the covenants and promises contained
herein, the parties hereby agroe to the following forms and conditions:
CJ
1. County agrees to fund an amount not to exceed S25,000 to North Palm
Beach for the purchase and installation of a jogging trail workout station and a multi
use playground at the North Palm Beach Community Center site, hereinafter referred
to as the "Project."
2. County will use its best efforts to provide said funds to North Palm Beach
on a reimbursement basis within forty-five 1451 days of receipt of the
followinginformation:
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 oath invoice es paid by North Palm Beach and shall include
the vendor invoice number; invoice date; and the amount paid by North Palm Beaclt
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 Nortft Palm Beach along with
a copy of the respective check and shall make reference thereof to the applicable item
listed on the Contractual Services Purchases Schedule Form. Further, North Palm
Beach's Project Administrator and Project Financial Officer shall certify the total funds
spent by North Patm Beach on the Project and shall also certify that each vendor
invoice es listed on the Contractual Services Purchases Schedule Form was paid by
North Palm Beach as indicated.
c. This project was initiated by North Palm Beach on January 1, 1998.
Those costs incurred by North Palm Beach for the project subsequent to the date of
said project initiation, era eligible for reimbursement by County, pursuant to the terms
and conditions hereof.
3. North Palm Beach warrants that the Project depicted on "Exhibit B",
attached hereto and made a part hereof, shall be open to the general public on a non-
C J
2
discriminatory basis regardless of residency, race, color, religion, disability, sex, age,
national origin, ancestry, marital status, or sexual orientation.
• 4. 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 leas[ ninety
(90) 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 of this Agreement shall be for fifteen (15) years commencing upon
the date of execution by the parties hereto.
7. To 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, cost and/or
• expense of whatsoever kind or nature arising in any manner directly or indirectly
related to North Palm Beach' performance of this Agreement. However, North Palm
Beach does not indemnify the County from end against any 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 or willful misconduct. Tho liability
limits set forth in Section 768.28, Florida Statutes, shall not be waived.
8. Prior to execution of this Agreement by the County, North Palm Beach shall
provide either a certificate evidencing insurance coverages as required herein or a
statement of self insurance from North Palm Beach's Risk Manager. North Paim Beach
shall, during the term of this Agreement and any extension hereof, maintain in full
force and effect self insured or commercial general liability insurance, including
contractual liability and completed operations liability, in the amount specified in
Section 766.28, Florida Statutes, to specifically cover ell exposures associated with
• the Project and terms and conditions of this Agreement. Where legally permissible os
3
respects the above coverages, such policy shall include Palm Beach County as
additional insured and shall contain a clause providing the County with at least thirty
• (30) days prior notice in the event of cancellation, non-renewal, or material adverse
change in coverage. 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. This Agreement shall be governed by the laws of the Stato of Florida, and
any and all 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 interpretation or enforcement of this Agreement, the prevailing party shall be
entitled to recover all costs, expenses and fees, including, without limitation,
reasonable attorneys' fees incurred by such party in connection therewith.
11. Any notice given pursuant to the terms of this Agreement shall be in
• writing and hand delivered or sent by U.S. Mail. All notices shall be addressed to the
following:
As to the County:
Director of Parks and Recreation
Palm Beach County Parks and Recreation Department
2700 Sixth Avenue South
Lake Worth, Florida 33461
As to the Village of North Palm Beach:
Village Manager
Village of North Palm Beach
1200 Prosperity Farms Road
North Patm Beach, Florida 33410
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• IN WITNESS WHEREOF, tho undersigned parties have signed this Agreement on
the date first above written.
ATTEST:
DOROTHY H. WILKEN, Clerk
BOARD OF COUNTY COMMISSIONERS
putt' CI C •' + ''Z:
PALM BEACH COUNTY, FLORIDA, BY ITS
BOARD OF COUNTY COMMISSIONERS
R 9 8 7~ 2. D MAY 1 91998
smart VICE•CHAIR
ATTEST: ~ ," ,^ ; ; ~ VILLAGE OF NORTH PALM BEACH, BY ITS
"" "~ . ,.
•,"
•• .. "
B ~' B
ity Clerk ayor ,
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
County Attorney
I~
• IN WITNESS WHEREOF, the undersigned parties have signed this Agreement on
the date first above written.
•
ATTEST: PALM BEACH COUNTY, FLORIDA, BY ITS
BOARD OF COUNTY COMMISSIONERS
DOROTHY H. WILKEN, Clerk
By: By:
Deputy Clerk Chairman
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
By:.
County Attorney
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Grantee
Billing #
PALM BEACH COUNTY
PARKS AND RECREATION DEPARTMENT
CONTRACT PAYMENT REQUEST
(Date)
Project
Billing Period _
[xH161T
Project Costs
Item This Billing
Contractual Service
Salary and Wages
( °~ of Salaries)
Materials, Supplies, Direct Purchases
Grantee Stock
Equipment
Travel
Donated Real Property
Indirect Costs
TOTAL PROJECT COSTS
Certification: I hereby certify that the above
expenses were incurred for the work identified
as being accomplished in the attached progress reports.
Administrator/Date
Financial Officer/Date
PBC USE ONLY
County Funding Participation
Total project costs to date
County obligation to date
County retainage (_°b)
County funds previously disbursed
County funds due this billing
Reviewed and Approved by:
5
( )
PBC Project Administrator/Date
Department Director/Date
Cummulative
Project Costs
Certification: I hereby certify that the documen
Cation has been maintained as required to suppoi
the project expenses reported above and is avai
able (or audit upon request.
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THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
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