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Home My WebLink AboutDocumentation_Regular_Tab 9E_12/14/1995 Memorandum • To: Thomas G. Bradford Village Manager From: Joann Manganiello, Assistant to the Village Manager/Village Clerk!,r, Date: November 2, 1995 Subject: Agreement Between Palm Beach County and the Village of Tequesta for the Development of Two Multi-Purpose Playground Areas for Constitution Park; Agenda Item • At the August 10, 1995, Village Council Meeting, the Village Council directed staff to follow-up on Commissioner Karen Marcus' generous offer to contribute S50,000 in recreational grant funds for improvements for either Tequesta Park or Constitution Park. As you know, staff has contacted Mr. Dennis Eshelman, Director, Palm Beach County Parks& Recreation, in this regard, and he has advised that the County prefers to appropriate the grant funds for recreational development for the Constitution Park Project. Enclosed, please find the Agreement Between Palm Beach County and the Village of Tequesta for the Development of Two Multi Purpose Playground Areas at Constitution Park, drafted by the Palm Beach County Parks & Recreation Contract/Grant Coordinator, for your information and review. This Agreement provides for S50,000 in recreational parks funding for the development of two multi-purpose children's playground areas at Constitution Park to include site preparation, playground structures, park furniture, signage, and landscaping/irrigation, and stipulates that the Constitution Park recreational facilities will be open to all residents of Palm Beach County. The term of said Agreement shall be for fifteen (15) years commencing upon the date of execution by both parties. It is my understanding that this is the County's standard Agreement, and it has been approved by the Village Attorney for legal form and sufficiency. Please place the Agreement Between Palm Beach County and the Village of Tequesta for the Development of Two Multi-Purpose Playground Areas at Constitution Park on the December 14, 1995, Village Council Meeting Agenda for consideration by the Village Council. If approved by the Village Council, I will immediately forward the properly executed Agreement to the Palm Beach County Contract/Grant Coordinator to place on the agenda for consideration by the Board of County Commissioners - projected at this time to be at their January 23, 1996, Meeting. Thank you. Enclosure RESOLUTION NO. 12-95/96 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, APPROVING AN AGREEMENT BETWEEN PALM BEACH COUNTY AND THE VILLAGE OF TEQUESTA FOR THE DEVELOPMENT OF TWO MULTI-PURPOSE PLAYGROUND AREAS AT CONSTITUTION PARK AND AUTHORISING THE MAYOR TO EXECUTE THE SAME ON BEHALF OF THE VILLAGE. WHEREAS, the Village of Tequesta owns and operates Constitution Park located north of Dover Road and west of Seabrook Road in the Village of Tequesta; and WHEREAS, the Village of Tequesta and Palm Beach County desire to enter into this Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS: $ectior: 1. The Village Council of the Village of Tequesta, Palm Beach County, Florida, hereby authorizes and directs the Mayor to execute this Agreement between Palm Beach County and the Village of Tequesta to accept funding for the development of two multi-purpose playground areas at Constitution Park. A copy of said Agreement is attached hereto as Exhibit "A" and incorporated by reference as a part of this Resolution. THE FOREGOING RESOLUTION was offered by Councilmember , who moved its adoption. The motion was seconded by Councilmember , and upon being put to a vote, the vote was as follows : FOR ADOPTION AGAINST ADOPTION The Mayor thereupon declared the Resolution duly passed and adopted this 14th day of December, A.D. , 1995. MAYOR OF TEQUESTA Ron T. Mackail ATTEST: Joann Manganiello Village Clerk EXHIBIT "A" AGREEMENT BETWEEN PALM BEACE COUNTY AND THE VILLAGE OF TEQUESTA FOR THE DEVELOPMENT OF TWO MULTI-PURPOSE PLAYGROUND AREAS AT CONSTITUTION PARK THIS AGREEMENT is made and entered into this day of , 1995, by and between Palm Beach County, a political subdivision of the State of Florida, hereinafter referred to as 'County', and the Village of Tequesta, a municipal corporation, hereinafter referred to as "Tequesta". W I T N E S E T Es WHEREAS, Tequesta owns and operates Constitution .Park located north of Dover Road and west of Seabrook Road in the Village of Tequesta; and WHEREAS, Tequesta has requested from County an amount not to exceed $50,000 for the development of two multi-purpose playground areas at Constitution Park to include site preparation, playground structures, park furniture, signage, and landscaping/irrigation; and WHEREAS, in the Fiscal Year 95/96 budget, County approved funding of $200,000 per Commission District to be made available for Recreation Assistance Projects, and this project represents funding from the District 1 allocation; and WHEREAS, the Constitution Park recreational facilities shall 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 $50,000. to Tequesta for development of two multi-purpose playground areas at Constitution Park to include site preparation, playground structures, park furniture, signage, and landscaping/irrigation, hereinafter referred to as the "Project'. • 2. County will use its best efforts to provide said funds to Tequesta 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 Tequesta. Said information shall list each invoice as paid by Tequesta and shall include the vendor invoice number; invoice date; and the amount paid by Tequesta along with the number and date of the respective check for said payment. Tequesta shall attach a copy of each vendor invoice paid by • Tequesta and shall make reference thereof to the applicable item listed on the ' Contractual Services Purchases Schedule Form. Further, Tequesta's Project Administrator and Project Financial Officer shall certify the total funds spent by Tequesta on the Project and shall also certify that each vendor invoice as listed on the Contractual Services Purchases Schedule Form was paid by Tequesta as indicated. 3. Tequesta 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-discriminatory basis regardless of residency, race, color, religion, disability, sex, age, national origin, ancestry, marital status, or sexual orientation. . 4. Tequesta 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 thirty (30) days prior to that date, Tequesta may request an extension beyond this period for the purpose of completing the Project. County shall not unreasonably deny Tequesta's request for said extension. 5. Tequesta 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. The parties may pursue any and all actions available under law to enforce this Agreement including, but not limited to, 2 • actions arising from the breach of any provision set forth herein. This Agreement shall not be construed against the County. 9. 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. 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. 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. EILEEN, Clerk By: By: Deputy Clerk Chair WITNESSES: VILLAGE OF TEQUESTA, BY ITS VILLAGE COUNCIL By: Type or Print Name Title • Signature APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: County Attorney • • • CONTRACT PAYNZNT RZQUZST (Date) • (Grantee) (Project) Billing Period Billing I ' Project Costs Cummulativ Project This Billing Costs Contractual Service Salaries and wages Employee Benefits ( t of Salaries) Materials Supplies Direct Purchases Grantee Stock Equipment • Travel Donated Real Property Indirect Costs TOTAL PROJECT COSTS Certification: I hereby certify that Certification: I hereby certify that the above expenses were incurred for the documentation has been maintained the work identified as being accom- as required to support the project plished in the attached progress reports. expenses reported above and is avail- able for audit upon request. Administrator/Date Financial Officer/Date PBC USE ONLY County Funding Participation . Total project costs to date $ County obligation to date $ County retainage ( t) County funds previously disbursed County funds due this billing $ Reviewed and Approved by: ' • PBC Project Administrator/Date . Department Director/Date 3. of 2 • • PALM BEACH COUNTY EXHIBIT PARES AND RECREATION DEPARTMENT CONTRACTUAL SERVICES PURCHASES SCHEDULE (Date) • (Grantee) (Project) Billing Period Billing • Contractor Check or Contractor Name Invoice Voucher Number Project General Number and date Cost Description TOTAL $ =ertilication: I hereby certify that Certification: I hereby certify that bid tabulations, the purchase noted above were used executed contract, cancelled checks, and other in accomplishing the project. purchasing documentation have been maintained as required to support the costs reported above and are available for audit upon request. 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