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 ~