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Home My WebLink About2000-008 Agreement for Batting Cages at Community Center• RESOLUTION 08-2000 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 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) ATTEST: • VILLAGE CLERK, 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 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 purchase and install a double batting cage at the North Palm Beach Community Center ballfields; and WHEREAS, North Palm Beach has requested from County an amount not to exceed $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 $10,000; and WHEREAS, funding for purchase and installation of said double batting cage is available in the amount of $10,000 from District 1 Recreation Assistance Program reserves; and WHEREAS, the North Palm Beach Community Center ballfields 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. • • • 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 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 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 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 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. • • 3. North Palm Beach warrants that the Project depicted on "Exhibit 6", 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 (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 ten (101 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 effect 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 3 • • 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 I30) 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 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 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 R 2 0 0 0 039 3 MAR 2 1 2000 DOROTHY H. WILKEN, C'TY"C„, r Board of County Commissi oteQ BEgey /4 PLORIDP :/ IChair TOWN OF NORTH PALM BEACH, BY ITS TOWN C)IJNCIL By:O td puty Clerk APPROVE LEGAL S By: S TO FORM AND Is By: 5 Mayor • IN WITNESS WHEREOF, the undersigned parties have signed this Agreement on the date first above written. ATTEST: DOROTHY H. WILKEN, Clerk PALM BEACH COUNTY, FLORIDA, BY ITS BOARD OF COUNTY COMMISSIONERS By: By: Chair Deputy Clerk ATTEST: TOWN OF NORTH PALM BEACH, BY ITS TOWN C'-.NCIL *oride.. wn Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: • County Attorney By: ayor -'/„d#4-,,e, PALM BEACH COUNTY EXHIBIT A PARKS AND RECREATION DEPARTMENT CONTRACT PAYMENT REQUEST Grantee Billing # Item Consulting Services Contractual Services Materials, Supplies, Direct Purchases Grantee Stock Equipment, Furniture TOTAL PROJECT COSTS (Project) Request Date Billing Period PROJECT PAYMENT SUMMARY Project Costs Cumulative This Billing Project Costs Certification: I hereby certify that the above were incurred for the work identified as being accomplished in the attached progress reports. Administrator/Date PBC USE ONLY County Funding Participation Total Project Cost Total project costs to date County obligation to date County retainage (✓%) County funds previously disbursed County funds due this billing Reviewed and Approved by: 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- able for audit upon request. Financial Officer/Date PBC Project Administrator/Date Department Director/Date 1 OF 2 1 Pest -it Fax Note 7671 T° haukzt A/A '�JYM e of- A P Phone # Fa 61--Sk/—i746 INSURED Co LTR Da7-37-o0 iv" ' E` 4v ro11- WSAES °WRY'noa ry 37-•f84Z'ri4/9O FS! �fl%-2:7 i VILLAGE OF NORTH PALM BEACH SERMA CIO MCCREARY CORPORATION 700 CENTRAL PARKWAY STUART, FL 34994 DATE (MRVDO.TY) 01/31/2000 THIS CERTIFICATE IS ISSUED A A TITER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND. EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POUCIES BELOW. COMPANIES AFFORDING COVERAGE _ COMPANY A QUALIFIED SELF -INSURER ( COMPANY GENESIS COMPANY VARIOUS LAYERED PROGRAM COMPANY D THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE USTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDMTION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED S Y THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS DF SUCH POUCES, UMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. TYPEOF INSURANCE GENERAL lALIJMABILITMAY A X COMMERCIAL GENERAL WBILRY CS DE OCCUR , OWNERS& CONTRACTORS PROT AUTOMOBILE LIABILITY A X ANY AUTO B _ ALL OWNED AUTOS _ SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS A B C GARAGE LIABILITY RANY AUTO EXCESS LIABILITY UMBRE A FORM �fl OTNER THAN UMBRELLA FORM WORKER'S COMPENSATION AND EMPLOYERS DAWUTY mnornItTOW PARR.EHMECUINE OERUP3 ARE; IX Z 5WNED REAL & PERSONAL PROPERTY INCL. EDP & MOBILE EQUIP & AUTOS DtScaIPTIOH OF OPERATIONSa.00ATLON9hcHICLES SPECw. REMS RE: PALM BEACH COUNTY GR kNT FOR CONSTRUCTION OF BATTING CAGES AT THE COMMUNITY CENTER CERTIFICATE HOLDER IS AN ADDITIONAL INSURED TO THE EXTENT PERMITTED BY F.S. 76828; HOWEVER, AN OCCURRENCE INVOLVING BOTH PARTIES WILL NOT CAUSE THE INDICATED LIMITS TO BE INCREASED. INCL D(CL POUCY NUMBER COVERAGE IS AFFORDED IN ACCORDANCE WITH F.S.768.28 AND YX6300757 LIMITS ARE PER CLAIMANT / COVERAGE IS AFFORDED IN ACCORDANCE WITH F.S.76828 AND PXL - TEA POLICY EFFECTIVE POLICY E%F{RATION DATE IMWDONY) DATE (MWVOT'IAT 10/01/99 PER CLAIM 10/01/99 LIMITS ARE PER CLAIMANT / PER CLAIM GDX01 4364 10/01/00 10/01/00 10/01/99 10/01/00 LIMITS GENERAL AGGREGATE I S PROO(1C?SS- COMPAOPAGG 2 I PERSONAL &ADVINJURY I S EACH OCCURRENCE FIRE DAMAGE (Arty one &e) MED OP (Any onepersscn) 100/200 i i COMBINED SINGLE OCT S 100/200 BODILY INJURY (Per Person) BODILY INJURY (Per Bo:Ment) PROPERTY DAMAGE i AUTO ONLY -EA ACCIDENT i I OTHER THAN AUTO ONLY: EACHACGDENT i AGGREGATE i EACH "'VRTENCE 2 AGGREGATE S i I°ERTIY I El. EACH ACCIDENT I EL DISEASE - POLICY LIMrc s S El. DISEASE - EA EMPLOYEE I i 1.000.000 1.000,000 1.000.000 iRI ilfil�illl �li,l I Si IId ICdh l l I1 l l , . VARIOUS PALM BEACH COUNTY BOARD OF COUNTY COMMISSIONERS ATTN.: PARKS & RECREATION DEPT. 2600 6TH AVENUE, S. LAKE WORTH, FL 33461 10/01/99 10/01/00 $82,539,344 BLANKET LIMIT SPECIAL/ALL RISK FORM REPLACEMENT COST EXCEPT AUTOS 0 ACV: $1,000 OCC. DED. I II I ilnill' 1111 11.1.111.111IIIIJIIIilihli11IIN hirsll YlEwViaWlLlll:diu NILwathiiLIJJ it;cVhlY:.dii,iailJlialidLLld NI ihn.lihlil I d+, i 41,1 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORG THE EXPIRATION DATE THEREOF. THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 DAYS WRTREN NOTICE TO THE CERTIFICATE HOLDER NAmED To ma LCFY, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLKTATION - LIABILRY OF AM:" KIND UPON THE COMPANY. MS AG OR - SENTATMS. AD REPRESENTATN RESOLUTION 08-2000 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 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 inunediately upon its adoption. PASSED AND ADOPTED THIS 27th DAY OF JANUARY, 2000. (Village Seal) ATTEST: VILLAGE CLE PALM BEACH COUNTY EXHIBIT A PARKS AND RECREATION DEPARTMENT CONTRACT PAYMENT REQUEST Grantee Billing # Item Consulting Services Contractual Services Materials, Supplies, Direct Purchases Grantee Stock Equipment, Furniture TOTAL PROJECT COSTS (Project) Request Date Billing Period PROJECT PAYMENT SUMMARY Project Costs Cumulative This Billing Project Costs Certification: I hereby certify that the above were incurred forthe work identified as being accomplished in the attached progress reports. Administrator/Date PBC USE ONLY County Funding Participation Total Project Cost Total project costs to date County obligation to date County retainage ( %) County funds previously disbursed County funds due this billing Reviewed and Approved by: 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- able for audit upon request. Financial Officer/Date PBC Project Administrator/Date Department Director/Date 1 OF 2 1 el O 00 •\ i a ¥ 1.� % TB a A 0 Ug� ��q de. c4 $ �o� CY4� �Q tti O k 0 \\\\\\\ $� \U \t� 5 / 0 a �% $fa\\\\\\\ at$ t¥ -� < 3�� ik 0 to Z W a_