2001-025 NPB Elementary Ball Field Improvements Agrmnt. w/PBC• RESOLUTION 25-2001
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 PALM BEACH COUNTY AND THE
SCHOOL BOARD OF PALM BEACH COUNTY, FOR NORTH PALM BEACH
ELEMENTARY SCHOOL BALL FIELD IMPROVEMENTS, WHICH AGREEMENT IS
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 with Palm Beach County and the School Board of Palm
Beach County for North Palm Beach Elementary School ball field improvements, which
agreement is attached as Exhibit "A".
Section 2. The Mayor and Village Clerk are hereby authorized and directed to
execute the agreement with Palm Beach County and the School Board of Palm Beach
County as 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 22nd DAY OF FEBRUARY, 2001.
(Village Seal)
MAYOR
ATTEST: ~~ ~
• VILLAGE CLERK
82001 0561
AGREEMENT BETWEEN PALM BEACH COUNTY, THE SCHOOL BOARD OF PALM
BEACH COUNTY, AND THE VILLAGE OF NORTH PALM BEACH FOR NORTH
PALM BEACH ELEMENTARY SCHOOL BALLFIELD IMPROVEMENTS
THIS AGREEMENT is made and entered Into or~'Pa 1 2 2001 by and between Palm
Beach County, a political subdivision of the State of Florida, hereinafter referred to as
"County", the School Board of Beach County, a corporate body politic pursuant to the
Constitution of the State of Florida, hereinafter referred to as "School Board", and the
Village of North Palm Beach, a Florida municipal corporation, hereinafter referred to as
"North Palm Beach".
WITNESSETH:
WHEREAS, School Board owns and operates North Palm Beach Elementary
School, located at 401 Anchorage Drive in North Palm Beach; and
WHEREAS, North Palm Beach desires to provide improvements to the North Palm
Beach Elementary School ballfields estimated to cost $15,000 ;and
WHEREAS, the ballfield improvements will include the purchase and installation of
safety bases, homeplates, pitching rubbers and rubber base plugs, hoses, aluminum
benches, aluminum bleachers, fencing, sodding, clay, and othermiscellaneous equipment
relating to the ballfield project; and
WHEREAS, School Board and North Palm Beach have requested from County an
amount not to exceed $15,000 for said North Palm Beach Elementary School ballfield
improvements; and
WHEREAS, the North Palm Beach Elementary School ballfields shall be open to
and benefit all residents of Palm Beach County during times said facilities are not in use
for scheduled North Palm Beach Elementary School activities; and
WHEREAS, funding for the North Palm Beach Elementary School ballfields in the
amount of $15,000 is available from District 1 Recreation Assistance Program reserves;
• and
WHEREAS, all parties desire to enter Into this Agreement.
NOW THEREFORE, in consideration of the covenants and promises contained
herein, the parties hereby agree to the tollowing terms and conditions:
1. County agrees to fund an amount not to exceed $15,000 to North Palm Beach
for improvements to the North Palm Beach Elementary School ballfields to include the
purchase and installation of safety bases, homeplates, pitching rubbers and rubber base
plugs, hoses, aluminum benches, aluminum bleachers, fencing, sodding, clay, and other
miscellaneous equipment relating to the ballfleld project, 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 (45) days of receipt of the tollowing 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 said reimbursement requested by North Palm Beach. Said information shall list each
invoice as paid by North Palm Beach 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 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 Purchase Schedule
Form was paid by North Pelm Beach as Indicated.
•
c. The project was initiated by North Palm Beach on Juty 1, 2000. Those
costs incurred by North Palm Beach subsequent to the date of said Project initiation are
eligible for reimbursement by County pursuant to the terms and conditions hereof.
d. Recreation Assistance Program funds may be used as a match for other
local, State or Federal grant programs, but North Palm Beach may not submit
reimbursement requests for the same expenses to the County or other funders to receive
duplicate reimbursement for the same expenses.
3. The School Board and North Palm Beach warrant that the Project, as depicted
on Exhibit "B"attached hereto and made a part hereof, shall be open to the general public
on anon-discriminatory basis regardless of residency, race, color, religion, disability, sex,
age, national original, 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 (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. School Board shall be responsible for all costs of operation and maintenance
of the Project. The term of this Agreement shall be for ten (10) years commencing upon
the date of execution by the parties hereto.
6. Prior to execution of this Agreement by the County, the School Board and North
Palm Beach shall provide either a certificate evidencing insurance coverages as required
herein or a statement of self insurance from School Board and North Palm Beach's Risk
Manager. School Board and North Palm 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 Iiabilty and completed operations liability,
in the amounts specified in Section 768.28, Florida Statutes, to specifically cover all
•
3
exposures associated with 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 (30) days prior notice in the event o(cancellalion, non-renewal, or material adverse
change in coverage. Compliance with the foregoing requirements shell not relieve School
Board and North Palm Beach oftheirliabilityandobligationsunderthisAgreement. School
Board and North Palm Beach agree to indemnify, defend, and hold harmless the County
for any liability arising out of any negligent act or omission of School Board or North Palm
Beach to the extent the insurance described in this paragraph fails to cover the County.
Nothing in this paragraph shall constitute a waiver of either party's sovereign immunity
beyond the limits set forth in Section 768.28, Florida Statutes.
7. 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.
B.This Agreement shall be governed bythe laws ofthe State of Florida and any and
all legal action necessary to enforce this Agreement shall be held in Palm Beach County.
9. 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 School Board
Principal
North Patm Beach Elementary School
401 Anchorage Orive
North Palm Beach, FI 33408
As to North Palm Beach:
Village Manager
• 501 U.S. Highway One
North Palm Beach, FI 33408
IN WITNESS WHEREOF, the undersigned parties have signed this
• Agreement on the date first above written.
It 2 0 0 1 D 5 61 APR 1 7 tOCI
ATTEST: PALM BEACH COUNTY, FLORIDA, BY ITS
Board of County Commissioners BOARD OF COUNTY COMMISSIpNER$c
DOROTHY H. WILKEN, Clerk ~~''~•• ~~~••"•
V,:
~ : ~ aEgc •.
O) Q h
By ~ By: T Y
Deputy lark Narren N. Ne '., CIhB)INIDtn
ATTIEST~ SCHOOL B~(A D OF PALM BE%1~bFF1
Sup rintendent ~haiF
ATT T: VILLAGE. NOR M BEACH
y: By:
Clerk May r
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
School Board Attorney
N.,, w ~b~,t ~.~f ~
APPROVED AS TO FORM AND
LEG SUFFICIENCY \
By:
North alm Be ch ttorney
u
PALM BEACH COUNTY
PARKS AND RECREATION DEPARTMENT
CONTRACT PAYMENT REQUEST
r~
U
u
Grantee
Billing #
Billing Period
EXHIBIT A
PROJECT PAYMENT SUMMARY
Project Costt Cumulative
Item This Billing Project Costs
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 [he work identified as being
accomplished in the attached progress reports.
Administrator/Date
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.
F i nanci a I Officer/Date
I PBC USE ONLY
County Funding Participation
Total Project Cos[
Total project costs to date
County obligation to date
County retainage (_°h)
County funds previously disbursed
County funds due this billing
Reviewed and Approved by:
(Project)
Request Date
PBC Project Administrator/Date
Department Director/Date
1 OF 2
•
a
m
x
x
W
~"'
Z
W
} ~.
F- d
Z W
0
~Z
V 0
V Q
W
<COD u
J ~
0
a ZQ
Y
d
W
J
V
a
S
d
W
V
~.
W
N
J
Q
H
Z
O
v
b
~O
a
w
O
C
m
a
C
m
e c
q
V m
O
n ,a
9
~j d
Y ~ •~
aQ$
o E
(Y~ ~
N d d
y
V >
o ~'
Ti d
~ V .a
C •~~
V ~ A
E
Z
c
0
v
F
0
'~
~~~
c ~ ~'
V q
A
C ~ N
E .__ ..
Fi E y
5 ~
y ~'A
a
N 7 q
C A d
O .CC yq
- O C
~ ~ >
E~
.o ~
~9~
:~ c_
i
v
.o ~
a
d
L _
C
~ C N
V A "~
L y
i ~'
V u
0
~ P
as
d .L+
$ ~
L
a
V
R
~ C
L
O 4'
b
L d
Y
V A
a
u
O
A
C
b
LL
v
A
O
N_
C
~E
6
LL
N
EXIi113IT 6
•
f _ a_
i
~~
T {
~i ~
s~~,~. _
...____fJ .. -:
_:~
t ~ ~
;,~
~'
~3t
J ~ "
~~
/~ o
~: ;
,- ~ o .t
~o ... ~.
i ~
o ~
~1
.y. ~
I! .~ ~ ~ ~_L.~!
L~