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1998-015 Agreement with PBC for Recreation Equipmentn U 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 I'~ ~•~ ip~ .O An Equal OpporNni[y ``~/ n i; r; )~; r;; ~•~'~.\~ wmarive ACnon Empfoya' n/ t•I k~ ~' pnnred on recycled paper 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 J n • 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 ~~ r~ LJ r L. J 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. 1 OF 2 C~ C~ • Q H m_ S x W W J Z ~ H ~ W Q ~ jOV ~Oa 2 ~.,. y V w V ~oe- m W OC ~ V7 QG..J D.Q~ YG ~ y'S a H Z O u a c m 0 .~ a c m ~ .~ < < A u m O ,a pl vo p a ~$ e ~~ ~ a .O ppE = d¢« E o ~ Y Z L L N V ~~ l!>~ro d a E o Z d A V 9 C ~ ~ ~g E ro Z c 0 V .$ c ~ Q~ V 'pq 5 q V « C C « N V .~ ~ T A .~ ~ c a ~ ~ A d ~ ~ro d N N ~ C A d O S A A C ~p ~ « q N d ,p ~ q Y9~ ~~~ d 'b d V a T V ~ ~' i .G d ~ _ r Y o S. c ~ ~ .V ~ w V V a V I I I L O ~~ a a d « A G ~ L G d E V V >. V a A ,d, c r$ . ~ c d 0 b u 3 ?~= d N O V ro I~ I~ d u c LL a A 0 0 'c ~E Q LL O ~° Gb }}q ,~J =F ~O a I I I D -. o '~., ,' ~. ~` ~~j ~ ~: 1 ~ i ~ pq ' I C .•'~ ' ~ ~ ~ ,:~• 1 ...... f 2 . .. `. } 6 ~ ~' ~ f ~ 1 '`fib! p ® `i ; ? ~ a ~ ~ ~ `r o ..:- ~ ~' :~ ~-- -=' ----~ _--- ~~ ~ m ~; 9`: • ~!_I O ~~ J ~~ d N ~ ~. !!, • ~y i~ ~i~~ ~ ~~2~ i 1 a~~ a ~ ~~~ 1 ~ r , • ___ __ ___ rRDDUCER ..,..~. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ESOVERAO[ AFFORDED BY THE POLICIF- B I nL~~ COMPANIES AFFORDING COVERAGE _ __ COMPANY A QUALIFIED SELF INSURED RED VILLAGE OF~NORTH'F'ALM BEACH ~ COMPANY C/O MCCREARY~CORPORATION` 9 RANGER INSURANCE CO. 700 CENTRAL PARKWAY coMPANr -- STUART, FL 34994 C COMPANY ---.______ D q~s x t3glli ix i ~i3 ~. .. ,.. 3 f- "" ::. :. . i .;Tiiiix t3~ (li. .i i .~t\'iiE...3.i:~.i...Cii~xiliNF...Ci ~ifii . '3~ii & iki t ~ ~ € ~ . . i i F... iE.w I .i.....i:i. t.: THIS IS TO CERTIFY TWIT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIO D INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONOfT10N OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED B Y THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS , EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LRLTS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. co LTR TYPE OF INSURANCE.. POLICY NUMBER POLICY EFFECTNE GATE (MMIDDIIY) POLICY EXPIRATION GATE (MMIDDf/Y) LIMITS GE NERAL LIABILITY COVERAGEIS PROVIDED IN 1D/D1/96 1D/01/96 GENERAL AGGREGATE f A B X COMMERCIAL GENERALLIABIIffV ACCORDANCE WITH F.S. PROOUCTS•COMP/OPAGG s CLAIMS MADE ~ occuR 768.28 AND PXL 801038 PERSONAl6 ADV NJJURY _ f ~~ OWNER'S6CONTRACTgi'SPROT LIMITS ARE PER CLAIMANT/ PER CLAIM EACNOCCURRENCE f 1OO2Oc FBtE DAMAGE (Any one IireJ i ___._.._ MEO FXP (AnY One pelsonl f AU TOMOBILE LIABILITY COVERAGE IS PROVIDED IN 10/01/96 10/01/98 A B X ANY AUTO ACCORDANCE WITH F.S. COMBWEO SINGLE IIMR f 10020( ALL OWNED AUTOS 766.28 AND PXL 80103A BoaLV w~uRr s SCHEDULED AUTOS (Per person) HIRED AUTOS BopLrwAlRr f NON-OWNED AUTOS LIMITS ARE PER CLAIMANT/ PER CLAIM (P"eCH°"'J PROPERTY DAMAGE f eA RACE LIABILITY AVTO ONIV•EA ACCIDENT f ANY AUTO GTHER T/IAN AUTOONLY: EACH ACCIDENT f AGGREGATE f EXCESS LIABILITY EACH OCCURRENCE f UMBRELLA FORM AGGREGATE f OTHER THAN UMBRELU FORM f ----- K'ORKER'S COMPENSATION AND ' PXL 601038 10/01/96 10/01/96 X T~oRV iAwaNra EM A EMPLOYERS LIABIIITY ~ EL EACH ACCIDENT f 1 OOO,OOO B TIE PAOPAIETOIV fMTNEesuECVlez: ~( INCI El pSEASE • POLICY IIMR f 1 000 000 orrlCEAS AAE: EXCI El pSEASE • EA EMPLOYEE f 1 DDD DDD OTHER RE' GRANTYSG F[OuRnTroENNIS COURT(S) LIGHTING AND COMMUNITY CENTE,'R•BALLiFIELD LIGHTING C.(~,kTIF,~i~~».i~Y,wh".si3..r3~.,i:i>a,£.wr..•i'.43~s aex4~'.~~,»iii..v8..aiw.B .I,.i3 w~i~:x~ ..xi£' ~~ti»J ...'~a : a4 ii ~ ?> SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEfORE TILE EXPIRATION GATE THEREOF, THE ISSUING COMPANY VAII ENDEAVOR 10 MNl PALM BEACH COUNTY BOARD OF COUNTY 3D GAYS WRITTEN NOTICE TO TILE CERTIFICATE IIOLDER NAMED TO TILE lEf r, • COMMISSIONERS; PARKS & RECREATION DEPT. eur feauRE TO S1uL SUCH NOTICE sHALLJMPOSE No oouoAUON oR UAeRITr 2700 6TH AVENUE OF ANY KIND UPON THE COMPANY TS AOE S DR REPRESENTATIVES. LAKE WORTH, FL 33461 ,,,. „ ,.,._ „_,,,,___„_.,,., L./"V