2007-032 PBC Funding Agrmt for Pool ImprovementsRESOLUTION 2007-32
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA, APPROVING AN INTERLOCAL
AGREEMENT WITH PALM BEACH COUNTY RELATING TO THE
IMPROVEMENTS AT THE NORTH PALM BEACH POOL FACILITY AND
AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE
SAME; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Village and Palm Beach County seek to enter into anInter-local Agreement
whereby the County would reimburse the Village in an amount not to exceed $50,000.00 for
improvements at the North Palm Beach Pool Facility; and
WHEREAS, the Village Council determines that execution of this Agreement benefits the public
health, safety and welfare.
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE
OF NORTH PALM BEACH, FLORIDA, as follows:
Section 1. The foregoing "whereas" clauses are hereby adopted as true and correct and are
incorporated herein by reference.
Section 2. The Village Council hereby approves the Inter-local Agreement between the
Village and Palm Beach County attached hereto as Exhibit "A" and incorporated herein and
authorizes and directs the Mayor and Village Clerk to execute such Agreement on behalf of the
Village.
Section 3. This Resolution shall be effective immediately upon adoption.
PASSED AND ADOPTED THIS 8th DAY OF MARCH, 2007.
(Village Sealj
ATTEST:
~.~ <~~
VILLAGE CLE
AGREEMENT BETWEEN PALM BEACH COUNTY AND THE VILLAGE OF NORTH PALM
BEACH FOR FUNDING OF NORTH PALM BEACH POOL IMPROVEMENTS
THIS AGREEMENT is made and entered into on , 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 Beach is making improvements to the North Palm Beach Pool to
improve the pool facilities to make it more easily accessible to its patrons; and
WHEREAS, the North Palm Beach Pool serves approximately fifteen thousand (15,000)
to twenty thousand (20,000) users annually; and
WHEREAS, the North Palm Beach Pool improvements project is anticipated to cost
approximately $500,000 for locker room renovations, installation of new fencing, pool tower
renovation, pool room renovation (heaters, chlorinators, and filters), purchase of new diving
boards, re-surfacing of pool, creation of a new picnic area, and the purchase of shade
structures; and
WHEREAS, North Palm Beach has requested from County an amount not-to-exceed
`x...+-
$50,000 to help offset costs for the improvements to the North Palm Beach pool; and
WHEREAS, County desires to provide funding to help offset costs for the North Palm
Beach Poal improvements; and
WHEREAS, funding for said project in an amount not to exceed $50,000 is available
from the Recreation Assistance Program (RAP) -District 1; and
WHEREAS, recreational facilities for the public are deemed to serve a public purpose;
and
WHEREAS, both parties desire to enter into this Agreement.
NOW THEREFORE, inconsideration 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
improvements to the North Palm Beach Pool for locker room renovations, installation of new
fencing, pool tower renovation, pool room renovation (heaters, chlorinators, and filters),
purchase of new diving boards, re-surfacing of pool, creation of a new picnic area, and the
`'~--~ purchase of shade structures, as set forth in Exhibit "A", attached hereto and incorporated
herein, 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 following information:
a. A written statement that the Project, as specified herein, was carried out in
accordance with this Agreement; and
b. A Contract Payment Request Form and a Contractual Services Purchases Schedule
Form, attached hereto and made a part hereof as Exhibit "B", which are required for each and
every reimbursement requested by North Palm Beach. Said information shall list each invoice
paid by North Palm Beach and shall include the vendor invoice number; invoice date; and the
arnount paid by North Palm Beach along with the number and date of the respective check or
proof of payment 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 or proof of payment
and shall make reference thereof to the applicable item listed on the Contractual Services
Purchases Schedule. Further, North Palm Beach's Program 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 was
paid by North Palm Beach and approved by North Palm Beach as indicated.
3. North Palm Beach incurred expenses for the Project beginning on March 1, 2007.
~,, Those costs incurred by North Palm Beach for the Project, approved and submitted accordingly
by North Palm Beach subsequent to March 1, 2007, are eligible for reimbursement by County
pursuant to the terms and conditions hereof.
4. RAP 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 as other fund sources to receive duplicate reimbursement for the same expenses.
5. North Palm Beach agrees, warrants, and represents that all of the employees and
participants in the Project will be treated equally during employment, and for the provision of
services without regard to residency, race, color, religion, disability, sex, age, national origin,
ancestry, marital status, or sexual orientation.
6. North Palm Beach shall be responsible for the operation and maintenance of the
Project, including all associated costs.
7. The term of this Agreement shall be for ten (10) years, commencing upon the date of
execution by the parties hereto.
8. The parties agree that, in the event North Palm Beach is in default of its obligations
z
under this Agreement, the County shall provide North Palm Beach thirty (30) days written notice
to cure the default. In the event North Palm Beach fails to cure the default within the thirty (30)
day cure period, the County shall have no further obligation to honor reimbursement requests
`~ submitted by North Palm Beach for the Project deemed to be in default and North Palm Beach
shall return any County RAP funds already collected by North Palm Beach for the Project.
9. Notwithstanding any provision of this Agreement to the contrary, this Agreement may
be terminated by the County, without cause, upon thirty (30) days prior written notice to the other
party. This Agreement may be terminated by the County with cause, upon expiration of the thirty
(30) day cure period provided for in Section 8 above.
10. North Palm Beach shall complete the Project by December 31, 2007, and invoices
and checks submitted for reimbursement must be dated within the project time frame of March
1, 2007, through December 31, 2007. North Palm Beach shall provide its final reimbursement
request(s), including a project completion statement and reimbursement documentation as
indicated in Section 2 above on or before April 1, 2008. 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.
11. In the event North Palm Beach ceases to exist, or ceases or suspends the Project
for any reason, any remaining unpaid portion of the Agreement shall be retained by County, and
County shall have no further obligation to honor reimbursement requests submitted by North
Palm Beach. The determination that North Palm Beach has ceased or suspended the Project
shall be made by County and North Palm Beach agrees to be bound by County's determination.
12. North Palm Beach agrees to abide by, and be governed by, all applicable federal,
state, county, and municipal laws, including but not limited to, Palm Beach County's ordinances,
as said laws and ordinances exist and are amended from time to time. In entering into this
Agreement, Palm Beach County does not waive the requirements of any County or local
ordinance or the requirements of obtaining any permits or licenses normally required to conduct
business or activity conducted by North Palm Beach. Failure to comply may result in County's
refusal to honor reimbursement requests for the Project.
13. County reserves the right to withhold reimbursement if the Project is not completed
as specified in Exhibit "A".
14. It is understood and agreed that North Palm Beach is merely a recipient of County
funding and is an independent contractor and is not an agent, servant or employee of County or
its Board of County Commissioners. It is further acknowledged that the County only contributes
funding under this Agreement and operates no control over the Project. To the extent permitted
b}' law and without waiving the right to sovereign immunity as provided by Section 768.28,
Florida Statutes, in the event a claim or lawsuit is brought against County or any of its officers,
agents or employees, North Palm Beach shall indemnify, save and hold harmless and defend
the County, its officers, agents, and/or employees from and against any and all claims, liabilities,
losses, judgments, and/or causes of action of any type arising out of or relating to any act or
omission of North Palm Beach, its agents, servants and/or employees in the performance of this
Agreement. The foregoing indemnification shall survive termination of this Agreement.
Inconsideration for reimbursement of costs incurred prior to the term of this Agreement,
the foregoing indemnification shall apply not only during the term of this Agreement but also for
the period prior to the Agreement for which North Palm Beach is eligible to receive
reimbursement from the County.
15. Without waiving the right to sovereign immunity as provided by Section 768.28,
Florida Statutes, North Palm Beach acknowledges to be self-insured for General Liability and
Automobile Liability under Florida sovereign immunity statutes with coverage limits of $100,000
Per Person and $200,000 Per Occurrence; or such monetary waiver limits that may change and
be set forth by the legislature.
In the event North Palm Beach maintains third-party commercial General Liability and
Business Auto Liability in lieu of exclusive reliance on self-insurance under Section 768.28,
Florida Statutes, North Palm Beach shall agree to maintain said insurance policies at limits not
less than $500,000 combined single limit for bodily injury or property damage.
North Palm Beach agrees to maintain or to beself-insured for Worker's Compensation &
Employer's Liability insurance in accordance with Florida Statutes 440.
Prior to execution of this Agreement by the County, North Palm Beach shall deliver to the
County an affidavit or Certificate of Insurance evidencing insurance, self-insurance, and/or
sovereign immunity status, which County agrees to recognize as acceptable for the above
mentioned coverages. Certificate holder's address shall read Palm Beach County, c/o Parks
and Recreation Department, 2700 Sixth Avenue South, Lake Worth, FL 33461, Attention:
Administrative Support Manager.
Compliance with the foregoing requirements shall not relieve North Palm Beach of its
a
liability and obligations under this Agreement.
16. Upon request by County, North Palm Beach shall demonstrate financial
accountability through the submission of acceptable financial audits performed by an
~ independent auditor.
17. North Palm Beach shall maintain books, records, documents and other evidence that
sufficiently and properly reflect all costs of any nature expended in the performance of this
Agreement for a period of not less than five (5) years. Upon advance notice to North Palm
Beach, County shall have the right to inspect and audit said books, records, documents and
other evidence during normal business hours.
18. The County and North Palm Beach 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.
19. 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.
20. As provided in Section 287.132-133, Florida Statutes, by entering into this Agreement
or performing any work in furtherance hereof, North Palm Beach certifies that it, its affiliates,
suppliers, subcontractors and consultants who will perform hereunder, have not been placed on
the convicted vendor list maintained by the State of Florida Department of Management
Services within the thirty six (36) months immediately preceding the date hereof. This notice is
required by Section 287.133 (3) (a), Florida Statutes.
21. This Agreement represents the entire agreement between the parties and
supersedes all other negotiations, representations, oragreements, either written or oral, relating
to this Agreement. The Agreement may be modified and amended only by written instrument
executed by the parties hereto.
22. 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 North Palm Beach:
Village Manager
Village of North Palm Beach
Village Hall
951 U.S. Highway 1
North Palm Beach, FL 33408
s
23. This Agreement is made solely and specifically among and for the benefit of the
parties hereto, and no other person shall have any rights, interest, or claims hereunder or be
entitled to any benefits under or on account of this Agreement as a third-party beneficiary or
otherwise.
IN WITNESS WHEREOF, the undersigned parties have signed this
Agreement on the date first above written.
ATTEST:
SHARON R. BOCK, Clerk &
Comptroller
PALM BEACH COUNTY, FLORIDA, BY ITS
BOARD OF COUNTY COMMISSIONERS
By:
Deputy Clerk
ByTE1~~ ~~"~
City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
B`/~
County Attorney
By
Commissioner Addie L. Greene, Chairperson
VILLA N AL~
Bvc-~.._
mayor ~;~~ !
APPROVED AS TO TERMS AND CONO/ITIONS:
By:
Dennis L. Eshleman, Director
Parks and Recreation Department
1/26/2007 Susan Yiri er - Exhibit A Form - Munici alities.doc
~ _.. ~ 9 P Page 1
Recreation Assistance Program (RAP)
Exhibit "A" to Agreement
Name of Municipality: North Palm Beach
Mailing Address: Village Hall, U.S. Highway One, North Palm Beach, FL
33408
Name of Mayor: David Norris
Name of City Manager: Jimmy Knight
Project Liaison Information :
Name: Mark Hod4kins
Telephone #: 561 841-3384
Fax #: 561 844-1836
e-mail: mhodakins@villaue-npb.ora
PROJECT INFORMATION
Name of Project: North Palm Beach Pool Improvements
Project Description
• General (Project Scope):
Repairs/improvements to the Village Municipal Pool
• Public Purpose:
To improve the pool facilities to make it more easily accessible to
its patrons
• Location:
North Palm Beach Country Club
951 US Highway 1
North Palm Beach, Florida 3340
• Anticipated Number of Participants/Users:
15,000-20,000 yearly
3. Project Elements: List anticipated broad categories of Expenditure Items
such as capital outlay, contractual services, personnel costs, operational
expenses, equipment, and "Other Miscellaneous Project expenses". Do
not include expenditure line item budget/ amounts.
Locker room renovations
Installation of new fencing
Re-decking of pool deck
Pool tower renovation
i Pool room renovation (Heaters, chlorinators, filters)
Purchase of new diving boards
Re-surfacing of pool
i
Creation of a new picnic area
~ Purchase of shade structures
'~ Estimated Lump Sum Total for Project: $500,000
4. Project Initiation date (date of first invoice for which reimbursement will be
requested) and anticipated End date (date which project will be completed
and all invoices paid). March 1, 2007to Rf38T-3U'2007
Note: Invoices and copies of proof of payment documents will be rdquirhd for
Project/Program reimbursement after the RAP Agreement is approved by the
EXHIBIT A
I Page 1
6
i