2000-008 Agreement for Batting Cages at Community CenterRESOLUTION 08-2000
•
A RESOLU'T'ION 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 SECURING AND INSTALLING A DOUBLE
BATTING CAGE AT THE NORTH PALM BEACH COMMUNITY CENTER BALLFIELDS;
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 securing and installing a double batting cage
at the North Palm Beach Community Center ballfield,
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, Florida.
Section 3. This resolution shall take effect immediately upon its adoption.
PASSED AND ADOPTED THIS 27th DAY OF JANUARY, 2000.
(Village Seal) ~ > '~' "
M YO
ATTEST:
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• VILLAGE CLERI
AGREEMENT BETWEEN PALM BEACH COUNTY
AND THE VILLAGE OF NORTH PALM BEACH FOR NORTH PALM BEACH
• COMMUNITY CENTER BATTING CAGES
THIS AGREEMENT is made and entered into this _day of _
2000, 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 Patm 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 purchase and install a double batting
cage at the North Palm Beach Community Center ballfietds; and
WHEREAS, North Palm Beach has requested from County an amount not to
exceed S 10,000 for the purchase and installation of said batting cages to include the
batting cage structure, cages inside netting, concrete, utilities, and other miscellaneous
expenses; and
WHEREAS, purchase and installation of said double batting case is estimated
to cost approximately 510,000; and
WHEREAS, funding for purchase and installation of said double batting cage is
available in the amount of 510,000 from District 1 Recreation Assistance Program
reserves; and
WHEREAS, the North Palm Beach Community Center ballfietds and the double
batting cage will be open to and benefit all residents of Palm Beach County; and
WHEREAS, both parties desire to enter into this Agreement.
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• 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 S10,000 to North Palm
Beach for the purchase and installation of a double batting cage at the North Palm
Beach Community Center to include the batting cage structure, cages inside netting,
concrete, utilities, and other miscellaneous expenses, hereinafter referred to es the
"Project".
2. County will use its best efforts to provide said funds to North Palm Beach
on a reimbursement basis within forty-five 145) days of receipt 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 Beach end 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 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 Palm Beach 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 Beach as indicated.
c. The project was initiated by North Palm Beach on December 1, 1999.
• Those costs incurred by North Palm Beach for the Project subsequent to the date of
initiation of said project shall be eligible for reimbursement.
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• 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-
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 least ninety
1901 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'unreasonablydany
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 ten (10) years commencing upon the
date of execution by the parties hereto.
7. North Palm Beach shall indemnify and hold harmless Palm Beach County
against any actions, claims, or damages arising out of North Palm Beach's negligence
in connection with this Agreement to the extent permitted by law. The foregoing
indemnification shall not constitute a waiver of sovereign immunity beyond the limits
set forth in Florida Statutes, Section 768.28, nor shall the same be construed to
constitute agreement to indemnify the County for the County's negligent acts or
omissions.
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 Palm Beach
shall, during the term of this Agreement and any extension hereof, maintain in full
force and etfect self insured or commercial general liability insurance, including
• contractual liability and completed operations liability, in the amounts specified in
Section 768.28, Florida Statutes, to specifically cover all exposures associated with
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• the Project and terms and conditions of this Agreement. Where permissible with
respect to 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
1301 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 ell actions available under law to enforce
this Agreement including, but net limited to, actions arising from the breach of any
provision set forth herein.
10. This Agreement shall be governed by the laws of the State of Florida, and
any and all legal action necessary to enforce this Agreement shall be held in Palm
Beach County.
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 Town of North Palm Beach:
City Manager
Town Hall
U.S. Highway One
North Palm Beach, Florida 33408
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IN WITNESS WHEREOF, the undersigned parties have signed this Agreement on
the date first above written.
ATTEST:
DOROTHY H. WILKEN, Clerk
By:
Deputy Clerk _
ATTEST:
wn Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
By:
County Attorney
PALM BEACH COUNTY, FLORIDA, BY ITS
BOARD OF COUNTY COMMISSIONERS
By:
Chair
TOWN OF NORTH PALM BEACH, BY ITS
TOWN C dNCIL
By: '~ ,
ayor
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PALM BEACH COUNTY
PARKS AND RECREATION DEPARTMENT
CONTRACT PAYMENT REQUEST
• (Project)
Grantee Request Date
Billing #
Consulting Services
Contractual Services
Materials, Supplies, Direct Purchases
Grantee Stock
Equipment, Furniture
TOTAL PROJECT COSTS
Certification: I hereby certify that the above
were incurred for the work identified as being
accomplished in the attached progress reports.
Billing Period
PROJECT PAYMENT SUMMARY
Project Costs Cumulative
Ilem This Billing Project Costs
ExFllBlr a
Total
Project Costs
Certification: I hereby certify that the documen-
tation has been maintained as required to support
the project expenses reported above and is avail-
ablefor audit upon request.
Administrator/Date
•
Financial Officer/Date
PBC USE ONLY
County funding Participation
~ Total Project Cost
Total project costs to date
County obligation to date
County retainage L°k)
County funds previously disbursed
County funds due this billing
Reviewed and Approved by:
PBC Project Administrator/Date
Department Director/Date
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