R2023-32 Anchorage Park Playground Artificial Turf Installation ContractRESOLUTION 2023-32
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH
PALM BEACH, FLORIDA APPROVING A PROPOSAL FROM PLAY SPACE
SERVICES, INC. FOR THE INSTALLATION OF ARTIFICIAL TURF AT THE
ANCHORAGE PARK PLAYGROUND PURSUANT TO PRICING ESTABLISHED IN
AN EXISTING CLAY COUNTY CONTRACT; AUTHORIZING THE MAYOR
AND VILLAGE CLERK TO EXECUTE A CONTRACT FOR SUCH SERVICES;
APPROVING A BUDGET AMENDMENT TO TRANSFER FUNDS FROM THE
CAPITAL RESERVE ACCOUNT TO THE RECREATION CONSTRUCTION
AND MAJOR RENOVATION CAPITAL ACCOUNT TO FUND THE PURCHASE;
PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Village Staff recommends accepting the proposal from Play Space Services, Inc., for
the installation of additional artificial turf at the Anchorage Park playground utilizing pricing
established in an existing Clay County Contract (RFP No. 18/19-2 — Various Equipment and
Amenities for Parks and Playgrounds); and
WHEREAS, in order to fund the purchase, the Village Council wishes to amend the Capital Projects
Fund Budget to transfer $66,019 from the Capital Reserve Account to the Recreation Construction
and Major Renovation Capital Account; and
WHEREAS, the Village Council determines that the adoption of this Resolution is in the best interests
of the Village and its residents.
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA as follows:
Section 1. The foregoing recitals are ratified as true and incorporated herein.
Section 2. The Village Council hereby accepts the proposal from Play Space Services, Inc., for
the installation of additional artificial turf at the Anchorage Park playground utilizing pricing
established in an existing Clay County Contract (RFP No. 18/19-2 — Various Equipment and
Amenities for Parks and Playgrounds) at a total cost of $66,019, with funds expended from Account
No. K8028-66210 (Recreation — Construction & Major Renovation). The Village Council further
authorizes the Mayor and Village Clerk to execute a Contract for such materials and services, a copy
of which is attached hereto and incorporated herein by reference.
Section 3. In order to fund this purchase, the Village Council hereby approves the following
budget amendment:
Budget Amendment:
Account Description Use Source
Capital Projects Fund:
K8028-66210 Construction & Major Renovation $66,019
K5541-66000 Reserve Expenses - Capital $66,019
Total Capital Projects Fund $669019 $669019
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Section 4. The Mayor and Village Clerk are hereby authorized and directed to execute the budget
amendment for and on behalf of the Village of North Palm Beach.
Section 5. All resolutions in conflict with this Resolution are hereby repealed to the extent of
such conflict.
Section 6. This Resolution shall take effect immediately upon its adoption.
PASSED AND ADOPTED THIS 13TH DAY OF Al
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ATTEST:
6 VIL GE ERK
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CONTRACT
This Contract is made as of this 13th day of April, 2023, by and between the VILLAGE OF NORTH
PALM BEACH, 501 U.S. Highway One, North Palm Beach, Florida 33408, a Florida municipal
corporation (hereinafter “VILLAGE”), and PLAY SPACE SERVICES, INC., 3125 Skyway Circle,
Melbourne, Florida 32934, a Florida limited liability company (hereinafter “CONTRACTOR”),
whose F.E.I. Number is 59-3136444.
RECITALS
WHEREAS, the VILLAGE is in need of a contractor to install additional artificial turf at the
Anchorage Park playground; and
WHEREAS, Clay County, through its competitive selection process, awarded a Contract for Various
Equipment and Amenities for Parks and Playgrounds (RFP No. 18/19-2) (“Clay County Contract”)
to CONTRACTOR; and
WHEREAS, the VILLAGE requested that CONTRACTOR, who installed the playground equipment
and the existing artificial turf, provide the requested services based on the pricing established in the
Clay County Contract; and
WHEREAS, as authorized by the VILLAGE’s purchasing policies and procedures, the VILLAGE
desires to retain CONTRACTOR’s services by “piggy-backing” the Clay County Contract, including
all terms, conditions and pricing set forth therein.
NOW THEREFORE, in consideration of the mutual promises set forth herein, the receipt and
sufficiency of which are hereby acknowledged, the parties hereto agree as follows:
1. Recitals. The parties agree that the recitals set forth above are true and correct and are fully
incorporated herein by reference.
2. CLAY COUNTY Contract. Clay County’s Contract for Various Equipment and Amenities
for Parks and Playgrounds (RFP No. 18/19-2) with CONTRACTOR, attached hereto as Exhibit “A,”
and incorporated herein by reference.
3. CONTRACTOR’s Services and Time of Completion.
A. In accordance with the terms and conditions of the Clay County Contract and at the direction
of the VILLAGE, CONTRACTOR shall artificial turf under the swing set and spin piece at
Anchorage Park in accordance with is Proposal dated April 3, 2023, attached hereto as Exhibit “B”
and incorporated herein by reference.
B. The total cost of such services shall not exceed $66,019.00.
C. The services to be provided by CONTRACTOR shall be commenced subsequent to the
execution and approval of this Contract by the VILLAGE and upon written notice from the VILLAGE
to CONTRACTOR to proceed and shall be completed within ninety (90) days of such written notice.
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4. Conflict of Terms and Conditions. Conflicts between documents shall be resolved in the
following order of precedence:
A. This Contract
B. Exhibit “A” (CLAY COUNTY Contract)
C. Exhibit “B” (CONTRACTOR’S Proposal)
5. Compensation to CONTRACTOR. Payments by the VILLAGE to CONTRACTOR under
this Contract shall not exceed the amount of compensation stated in Section 3(B) above without prior
written consent of the VILLAGE. CONTRACTOR shall submit invoices to the VILLAGE for review
and approval by the VILLAGE’s representative, indicating that goods and services have been
provided and rendered in conformity with this Contract, and they then will be sent to the Finance
Department for payment. CONTRACTOR waives consequential or incidental damages for claims,
disputes or other matters in question arising out of or relating to this Contract. In order for both
parties herein to close their books and records, CONTRACTOR will clearly state “final invoice” on
CONTRACTOR’s final/last billing to the VILLAGE. This certifies that all goods and services have
been properly performed and all charges have been invoiced to the VILLAGE. Since this account
will thereupon be closed, any and other further charges if not properly included in this final invoice
are waived by CONTRACTOR. The VILLAGE will not be liable for any invoice from
CONTRACTOR submitted thirty (30) days after the provision of all goods and services.
6. Term and Termination.
A. This Contract shall be for the term as indicated in the Clay County Contract. Extensions or
renewals to the Clay County Contract or any modification including new products, terms, or price
changes to the Clay County Contract shall be submitted by CONTRACTOR to the VILLAGE for
approval. In the event the Clay County Contract expires and no new contract is let by the Clay
County, the VILLAGE reserves the right, upon written agreement with CONTRACTOR to renew
this Contract under the same terms and conditions for an additional period of one (1) year.
B. This Contract may be terminated by the VILLAGE, with or without cause, upon providing ten
10) days’ notice to CONTRACTOR. This Contract may be terminated by CONTRACTOR upon
providing thirty (30) days’ notice to the VILLAGE. Upon any such termination, CONTRACTOR
waives any claims for damages from such termination, including, but not limited to, loss of anticipated
profits. Unless the CONTRACTOR is in breach of this Contract, the VILLAGE shall pay
CONTRACTOR for all services satisfactorily performed through the date of termination.
7. Insurance. CONTRACTOR shall obtain and maintain during the term of this Contract all
insurance required under the Clay County Contract, with the VILLAGE named as an additional
insured.
8. Indemnification.
A. To the fullest extent permitted by applicable laws and regulations, CONTRACTOR shall
indemnify and save harmless and defend the VILLAGE, its officials, agents, servants, and employees
from and against any and all claims, liability, losses, and/or causes of action arising out of or in any
way related to the services furnished by CONTRACTOR pursuant to this Contract, including, but not
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limited to, those caused by or arising out of any act, omission, negligence or default of
CONTRACTOR and/or its subcontractors, agents, servants or employees.
B. CONTRACTOR shall not be required to indemnify the VILLAGE, its officials, agents,
servants and employees when the occurrence results solely from the wrongful acts or omissions of
the VILLAGE, its officials, agents, servants and employees. The terms of this Section shall survive
completion of all services, obligations and duties provided for in this Contract as well as the
termination of this Agreement for any reason.
C. Nothing contained in this Contract shall create a contractual relationship with or a cause of
action in favor of a third party against either the VILLAGE or CONTRACTOR, nor shall this Contract
be construed a waiver of sovereign immunity beyond the limited waiver provided in § 768.28, Florida
Statutes.
9. Compliance with all Laws, Regulations and Ordinances. In performing the services
contemplated by this Contract, CONTRACTOR shall obtain all required permits (if any) and comply
with all applicable federal, state and local laws, regulations and ordinances, including, but by no
means limited to, all requirements of the Village Code and the Florida Building Code.
10. Warranty/Guaranty. Unless a longer period is stated in the Clay County Contract,
CONTRACTOR warrants that its goods and services provided under this Contract will be free of
defects in materials and workmanship for a period of one (1) year following delivery and completion
of those goods and services.
11. Access/Audits. CONTRACTOR shall maintain adequate records to justify all charges,
expenses, and costs incurred in estimating and performing services pursuant to this Contract for at
least five (5) years after termination of this Contract. The VILLAGE shall have access to such books,
records, and documents as required in this section for the purpose of inspection or audit during normal
business hours, at CONTRACTOR’s place of business. Under no circumstances will
CONTRACTOR be required to disclose any confidential or proprietary information regarding its
products and service costs.
12. Miscellaneous Provisions.
A. Failure of a party to enforce or exercise any of its right(s) under this Contract shall not be
deemed a waiver of that parties’ right to enforce or exercise said right(s) at any time thereafter.
B. This Contract shall be governed by the laws of the State of Florida. Any and all legal action
necessary to enforce the Contract will be held in Palm Beach County. No remedy herein conferred
upon any party is intended to be exclusive of any other remedy, and each and every such remedy shall
be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter
existing at law or in equity or by statute or otherwise. No single or partial exercise by any party of
any right, power, or remedy hereunder shall preclude any other or further exercise thereof. The parties
knowingly, voluntarily and intentionally waive any right they may have to trial by jury with
respect to any litigation arising out of or in connection with this Contract.
C. If any legal action or other proceeding is brought for the enforcement of this Contract, or
because of an alleged dispute, breach, default or misrepresentation in connection with any provisions
of this Contract, the successful or prevailing party or parties shall be entitled to recover reasonable
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attorney’s fees, court costs and all expenses (including taxes) even if not taxable as court awarded
costs (including, without limitation, all such fees, costs and expenses incident to appeals), incurred in
that action or proceeding, in addition to any other relief to which such party or parties may be entitled.
D. If any term or provision of this Contract, or the application thereof to any person or
circumstances shall, to any extent, be held invalid or unenforceable, to remainder of this Contract, or
the application of such terms or provision, to persons or circumstances other than those as to which
it is held invalid or unenforceable, shall not be affected, and every other term and provision of this
Contract shall be deemed valid and enforceable to the extent permitted by law.
E. All notices required in this Contract shall be sent by certified mail, return receipt requested,
and sent to the addresses appearing on the first page of this Contract.
F. The VILLAGE and CONTRACTOR agree that this Contract sets forth the entire agreement
between the parties, and that there are no promises or understandings other than those stated herein.
None of the provisions, terms and conditions contained in this Contract may be added to, modified,
superseded or otherwise altered, except by written instrument executed by the parties hereto. Any
provision of this Contract which is of a continuing nature or imposes an obligation which extends
beyond the term of this Contract shall survive its expiration or earlier termination.
G. CONTRACTOR warrants and represents that CONTRACTOR and all subcontractors are in
compliance with Section 448.095, Florida Statutes, as may be amended. CONTRACTOR has
registered to use, and shall continue to use, the E-Verify System (E-Verify.gov) to electronically
verify the employment eligibility of newly hired employees and has received an affidavit from each
subcontractor stating that the subcontractor does not employ, contract with or subcontract with an
unauthorized alien. If the VILLAGE has a good faith belief that CONTRACTOR has knowingly
violated Section 448.09(1), Florida Statutes, the VILLAGE shall terminate this Contract pursuant to
Section 448.095(2), Florida Statutes, as may be amended. If the VILLAGE has a good faith believe
that a subcontractor has knowingly violated Section 448.09(1), Florida Statutes, but CONTRACTOR
has otherwise complained, it shall notify CONTRACTOR, and CONTRACTOR shall immediately
terminate its contract with the subcontractor.
H. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS
CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: (561)
841-3355; NPBCLERK@VILLAGE-NPB.ORG; OR 501 U.S. HIGHWAY ONE,
NORTH PALM BEACH, FL 33408.
In performing services pursuant to this Contract, CONTRACTOR shall comply with all relevant
provisions of Chapter 119, Florida Statutes. As required by Section 119.0701, Florida Statutes,
CONTRACTOR shall:
1. Keep and maintain public requires required by the VILLAGE to perform the service.
2. Upon request from the VILLAGE’s custodian of public records, provide the VILLAGE with
a copy the requested records or allow the records to be inspected or copied within a reasonable
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time at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, or as
otherwise provided by law.
3. Ensure that public records that are exempt or confidential and exempt from public records
disclosure requirements are not disclosed except as authorized by law for the duration of the
Contract term and following completion of the Contract if the CONTRACTOR does not
transfer the records to the VILLAGE.
4. Upon completion of the Contract, transfer, at no cost, to the VILLAGE all public records in
possession of CONTRACTOR or keep and maintain public records required by the VILLAGE
to perform the services. If CONTRACTOR transfers all public records to the VILLAGE upon
completion of the Contract, CONTRACTOR shall destroy any duplicate public records that
are exempt or confidential and exempt from public records disclosure requirements. If
CONTRACTOR keeps and maintains public records upon completion of the Contract,
CONTRACTOR shall meet all applicable requirements for retaining public records. All
records stored electronically must be provided to the VILLAGE, upon request from the
VILLAGE’s custodian of public records, in a format that is compatible with the information
technology systems of the VILLAGE.
I. CONTRACTOR is aware that the Inspector General of Palm Beach County has the authority to
investigate and audit matters relating to the negotiation and performance of this Contract, and in
furtherance thereof, may demand and obtain records and testimony from CONTRACTOR and its
subcontractors. CONTRACTOR understands and agrees that in addition to all other remedies and
consequences provided by law, the failure of CONTRACTOR or its subcontractors to fully cooperate
with the Inspector General when requested may be deemed by the VILLAGE to be a material breach
of the Contract justifying termination.
IN WITNESS WHEREOF, the VILLAGE and CONTRACTOR hereto have made and executed this
Contract as of the day and year first above written.
PLAY SPACE SERVICES, INC.
By:
Print Name:__________________________
Position:_____________________________
VILLAGE OF NORTH PALM BEACH
By: ________________________________
DAVID NORRIS
MAYOR
ATTEST:
BY:________________________________
VILLAGE CLERK
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Paul Bickham
Manager
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APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY: ________________________________
VILLAGE ATTORNEY
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