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R00-139RESOLUTION NO. R00- 1~1 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH, BOYNTON CULTURAL CENTRE, INC. AND PALM BEACH COUNTY PARKS AND RECREATION DEPARTMENT TO RECEIVE $50,000 FROM THE DISTRICT 3 RECREATION ASSISTANCE PROGRAM FOR THE PURCHASE AND CONSTRUCTION OF AN INDOOR INTERACTIVE ECOSYSTEM EXHIBIT AT THE 1913 SCHOOLHOUSE MUSEUM; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Approval of this agreement is to enhance recreational and cultural opportunities for use and benefit of all citizens of palm Beach County; WHEREAS, This agreement will provide the City with funding for the construction of an ecosystem exhibit, highlighting the protection and preservation of Florida's freshwater system at the 1913 Schoolhouse Museum. WHEREAS, the City Commission of the City of Boynton Beach, upon recommendation of staff, deems it to be in the best interests of the citizens of the City of Boynton Beach to accept the funding from the District 3 Recreation Assistance Program. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The City Commission of the City of Boynton Beach hereby authorizes and directs the Mayor and City Clerk to execute an agreement between the City of Boynton Beach, Boynton Cultural Centre, Inc. and Palm Beach County Parks and Recreation Department to receive the funding from District 3 Recreation RESOLUTION NO. R00- 13~I A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH, BOYNTON CULTURAL CENTRE, INC. AND PALM BEACH COUNTY PARKS AND RECREATION DEPARTMENT TO RECEIVE $50,000 FROM THE DISTRICT 3 RECREATION ASSISTANCE PROGRAM FOR THE PURCHASE AND CONSTRUCTION OF AN INDOOR INTERACTIVE ECOSYSTEM EXHIBIT AT THE 191:3 SCHOOLHOUSE MUSEUM; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Approval of this agreement is to enhance recreational and cultural opportunities for use and benefit of all citizens of palm Beach County; WHEREAS, This agreement will provide the City with funding for the construction of an ecosystem exhibit, highlighting the protection and preservation of Florida's freshwater system at the 1913 Schoolhouse Museum. WHEREAS, the City Commission of the City of Boynton Beach, upon recommendation of staff, deems it to be in the best interests of the citizens of the City of Boynton Beach to accept the funding from the District 3 Recreation Assistance Program. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The City Commission of the City of Boynton Beach hereby authorizes and directs the Mayor and City Clerk to execute an agreement between the City of Boynton Beach, Boynton Cultural Centre, Inc. and Palm Beach County Parks and Recreation Department to receive the funding from District 3 Recreation Assistance Program in the amount of $50,000. attached hereto as Exhibit "A." Section 2. This Resolution shall passage. PASSED AND ADOPTED this A copy of the agreement is become effective immediately upon 1'7 day of October2000. Vice Mayor Mayor Pro Tom ¢orn~ni~ioner ATTEST: ~:ca~reso~agreemen di Ifl~ Museum n~ ~g~9~3~ ~ Echosystem ~hibit ~ ~ 1920 / Bo. ynton Beach City Clerk's Office 100 E. Boynton Beach Boulevard P~O. Box 310 Boynton Beach, Florida 33't25-0310 (56 ! ) 742-6060 FAX: (561) 742-6090 November 17, 2000 Ms. Dorothy Wilken PBC Clerk of the Circuit Court Recording Department P. O. Box 4177 West Palm Beach, FL 33402 RESOLUTIO~R00-139~ GREEMENT MADE WITH PALM BEA.CH COUNTY AND B~N-~ON CULTURAL CENTRE, INC. 1913 Children's Museum Interactive Ecosystem Indoor Exhibit De~Ms. Wi~en: Attached please find a copy of the above mentioned resolution and three original agreements which have been partially signed. After they have been completely executed, please retunrl one to me for Central Files. If you have any questions, please contact this office. Thank you. Very truly yours, CITY OF BOYNTON BEACH SUE KRuSE, CMC/AAE City Clerk C: Arleen Dennison Virginia Farace "An Equal Opportunity/A~'rmative Action/ADA Emp]oyer" AGREEMENT BETWEEN PALM BEACH COUNTY, THE CITY OF BOYNTON BEACH AND THE BOYNTON CULTURAL CENTRE, INC. FOR PURCHASE AND CONSTRUCTION OF THE 1913 CHILDREN'S MUSEUM INTERACTIVE ECOSYSTEM INDOOR EXHIBIT 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", the City of Boynton Beach, a Florida municipal corporation, hereinafter referred to as "Boynton Beach", and the Boynton Beach Cultural Centre, Inc., a Florida not-for-profit organization authorized to do business in the State of Florida, hereinafter referred to as ~Cultural Centre". WITNESSETH: WHEREAS, Boynton Beach owns property located at 129 East Oceen Avenue in Boynton Beach which is operated by Cultural Centre as the 1913 Children's Museum under a Management Agreement with the City; and WHEREAS, Cultural Centre desires to pumhase and construct an Interactive Ecosystem Exhibit as one of the galleries in said Museum; and WHEREAS, the Interactive Ecosystem Exhibit will focus on highlighting the protection and preservation of Florida's freshwater system and how it affects plant and animal communities; and WHEREAS, said Ecosystem Exhibit is estimated to cost approximately $50,000; and WHEREAS, Cultural Centre has requested from County an amount not to exceed $50,000 for the construction of the Interactive Ecosystem Exhibit, to include the purchase and constrain of exhibit components, wall unit built-ins, media and/or software development, hardware, electrical and wiring equipment, and other miscellaneous materials and labor relating to the Exhibit; and WHEREASf interactive educational exhibits relating to Florida's ecosystem benefit the citizens of Palm Beach County and serve a public purpose; and WHEREAS, County desires to provide funding for said Exhibit; and WHEREAS, funding for said Exhibit in an amount not to exceed $50,000 is available from Distdct 3 Recreation Assistance Program reserves; and WHEREAS, all 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 Cultural Centre for the 1913 Children's Museum Interactive Ecosystem Exhibit, to include the purchase and installation of exhibit components, wall unit built-ins, media and/or software development, hardware, electrical and widng equipment, and other miscellaneous materials and labor relating to the Exhibit, as more fully described 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 Cultural Centre 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 "B", which are required for each and every reimbursement requested by Cultural Centre. Said information shall list each invoice paid by Cultural Centre and shall include the vendor invoice number; invoice data; and the amount paid by Cultural Centre along with the number and date of the respective check for said payment. Cultural Centre shall attach a copy of each vendor invoice paid by Cultural Centre along with a copy of the respective check and shall make reference thereof to the applicable item limed on the Contractual Services Purchases Schedule. Further, Cultural Centre's Project Administrator and Financial Officer shall certify the total funds spent by Cultural Centre on the Project and shall also certify that each vendor inVOice as listed on the Contractual Services Purchase Schedule was paid by Cultural Centre as indicated. c. The Project was initiated bythe Cultural Centre on August 1,2000. Those costs incurred by the Cultural Centre subsequent to the date of said Project initiation are eligible for reimbursement by County pursuant to the terms and conditions hereof. d. Recreation Assistance Program funds may be used as a match for other local, State or Federal grant programs, but the Cultural Centre may not submit reimbursement requests for the same expenses to the County or other funders to receive duplicate reimbursement for the same expenses. 3. Cultural Centre 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, Cultural Centre may request an extension beyond this period for the purpose of completing the Project. County shall not unreasonably deny Cultural Centre's request for said extension. 4. The term of this Agreement shall be for fifteen (15) years commencing upon the date of execution by the parties hereto. 5. Boynton Beach and Cultural Centre warrant that the Project shall be made available on a non-discriminatory basis regardless of residency, race, color, religion, disability, sex, age, national odgin, ancestry, madtal status, or sexual orientation. 6. Boynton Beach shall-indemnify, defend, and hold harmless Palm Beach County against any actions, claims, or damages adsing out of Boynton 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 Flodda 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. It is understood and agreed that Cultural Centre 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. In the event a claim or lawsuit is brought against County or any of its officers, agents or employees, Cultural Centre 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 arriving out of or relating to any intentional or negligent act or omission of Cultural Centre, its agents, servants and/or employees in the performance of this Agreement. 7. Without waiving the dght to sovereign immunity as provided by Section 768.28, Florida Statutes, Boynton Beach acknowledges to be self-insured for General 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. Cultural Centre agrees to maintain third-party Commercial General Liability insurance at limits not less than $500,000 combined single limit for bodily injury or property damage. With respect to Commercial General Liability, Cultural Centre agrees to add the COUNTY as an "Additional Insured". Any Claims-bill tailored coverage s~'all not be considered third-party liability for the purpose of this paragraph. Boynton Beach agrees to maintain or to be self-insured for Workers' Compensation and Employer's Liability insurance in accordance with Chapter 440, Flodda Statutes. Boynton Beach and Cultural Centre agree to maintain or acknowledges to be self- insured for property insurance, which would include builder's dsk insurance while the project is in the course of construction in an amount at least equal to the estimated completed project value as well as subsequent modifications of that sum; thereafter, All- Risk property insurance for adequate limits based on Boynton Beach's and the Cultural Centra's replacement cost or probable maximum loss estimates for the pedls of either fire, wind, or flood. Boynton Beach and the Cultural Centre shall agree to be fully responsible for any deductible or self-insured retention. Boynton Beach and the Cultural Centre shall agree to provide a statement or Certificate of Insurance evidencing insurance, self-insurance, and/or sovereign immunity status, which the County agrees to recognize as acceptable for the above mentioned coverages. Compliance with the foregoing requirements shall not relieve Boynton Beach and Cultural Centre of their liability and obligations under this Interlocal Agreement. 8. Cultural Centre shall maintain books, records, documents, and other evidence which sufficiently and propedy 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 Cultural Centre, County shall have the right to inspect and audit said books, records, documents and other evidence during normal business hours. 9. As provided in Section 287.132-133, Florida Statutes, by entering into this Agreement Cultural Center certifies that it, its affiliates, suppliers, and subcontractors 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), Flodda Statutes. 10. The County, Boynton Beach, and the Cultural Centre agree that this'Agreement 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 Agreement may be added to, modified, superceded, or otherwise altered, except by wdtten instrument executed by the parties hereto. 11. The parties may pursue any and all actions available under law to enforce this Agreement including, but not limited to, actions adsing from the breach of any provision set forth herein. 12. 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. 13. 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, Flodda 33461 As to the City of Boynton Beach: City Manager 'City of Boynton Beach 100 East Boynton Beach Boulevard Boynton Beach, FI 33435 As to Cultural Centre: Director Boynton Cultural Centre, Inc. 12g East Ocean Avenue Boynton Beach, FI 33435 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: Deputy Clerk Chair ATTEST: ,~,,~mt~?/i///~, CITY OF B43YNTON BE~/~H ,. r~~..;~o ~y:/~..:/~_  City Clerk ~ o ~' '~ m ~ ~ayor W~TN~SSES' ~ -'-~,~ '~,-~OYNTO. CUlTUrAL CENTRE ~ . , ', ~ '~z FLO ~~j ~~' Name ~es~de~ Si~naturo APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: County Attorney APPROVED AS TO F~ORM~ _ ~ EXHIBIT A PROJECT DESCIeJPrlON AND CONCEPTUAL SITE PLAN BOYNTON CULTURAL CENTRE, INC. 1913 CHILDREN~J MUSEUM INTERACTIVE ECOSYSTEM INDOOI~ I~.×HII~IT DESCRIPTION The Museum is approx/mately 7,000 square feet/n 'size with a tolal of 6 galleries. Within one gallery ther~ w/Il be an Interactive Ecosystem Exhibit which will focus on highlighting the protection and preservation of our fre.shw~tcr system and how it affects the plant and animal communities. The funds are to be used as per the following breakdown: FABRICATION, CONSTRUCTION AND INSTALLATION $50,000 Accord/ng to the proposed Museum Exhibition Master Plan, this area will cons/st off interactive ecosystems from the Everglades to the Ocean's Edge; · cut-away slices of the diverse ecologies; the history, mechanics and effects of the intercoastal waterways; · the various water cycles from rain to ground and how they impact the agricultural and residential areas; · the impact polluli.o.n has on our waterways; · under~ound aquifers, flood control w. mm~ment and water distribulion. Attached is a preliminary floor p'ian that w~s presented to the Board of Directors on ~ 17, 2000 by thc des/En firm of Herbst Lazar Bell, Inc. Fabricalion of this area may include: free standing construction of exhibits including the purchase of components fabrica~'d off-site and installed on Mi;e, consirucfion of wall unit built-/ns as required, · media and/or soitware development, hardware, equipment and wiring as required, · or in other words all work necessary to mm an empty space into an active exhibit area. PALM BEACH COUNTY PARKS AND RECREATION DEPARTMENT CONTRACT PAYMENT REQUEST EXHIBIT B Grantee Billing # (Date) Project Billing Period Item 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. Project Costs This Billing Cumulative 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. Administrator/Date Financial Officer/Date PBC USE ONLY County Funding Participation Total project costs to date County obligation to date County retainage ( %) County funds previously disbursed County funds due this billing Reviewed and Approved by: PBC Project Administrator/Date Department Director/Date 8~ ~ultural Centre, Inc. 129 East Ocean Avenue Boynton Beach, FI 33435 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: Deputy Clerk Chair l ~ ~ ~' ~" City ~ ~ [ i ~ ~ ~ayor K1920/ WITNESSES: '////,//~'~,,~,,¢BOYNTON CULTURAL CENTRE By: Name Title Signature APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: County Attorney APPI~OVED ~ lu ru,.,h ~