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R01-060RESOLUTION RO 1- ~ t9 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE AN INTERLOCAL AGREEMENT BETWEEN PALM BEACH COUNTY (COUNTY) AND THE CITY OF BOYNTON BEACH (CITY) FOR FUNDING OF BOAT CLUB PARK IMPROVEMENTS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the CITY previously entered into an Agreement by Resolution No. R97-20, dated February 4, 1997, and amended by Resolution No. O 00-41, dated March 21, 2000, for the funding of Boat Club Park Improvements; and WHEREAS, changes have occurred in the project scope and project time frame which required that a new Agreement be entered into; and WHEREAS, the City and County desire to revoke the prior Agreement, as amended, and enter into a new Agreement, which is attached hereto and made a part hereof, as Exhibit "A"; and WHEREAS, the City owns and operates Boat Club Park, located at federal Highway in the City of Boynton Beach, and the City desires to design and construct boat access improvements at Boat Club Park, to be constructed in Two phases; and WHEREAS, the City has asked the County to financially participate in the design and construction of Boat Club Park Improvements, hereinafter referred to as "the Project" and specifically as "Phase I" and "Phase IF' respectively; and WHEREAS, the CITY desires to operate and maintain the Projects upon their completion and said projects shall be open to and benefit all residents of Palm Beach County; and WHEREAS, the Project represents recreation projects enumerated in the $25.3 Million Park Improvement Revenue Bond Issues, as amended; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Boat Club 032701 .doc Section 1. This Commission does hereby authorize and direct the Mayor and City Clerk to execute an Interlocal Agreement between Palm Beach County and the City of Boynton Beach for funding of Boat Club Park improvements. Section 2 That this Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this ~ day of April, 2001. ATTEST: Com~n, issioner Commissioner The City of Boynton Beach City Clerk's Office I00 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425-0310 (561) 742-6060 FAX: (561) 742-6090 April 18, 2001 Director of Parks and Recreation Attn: Susan Yinger Palm Beach Parks and Recreation Dept. 2700 Sixth Avenue South Lake Worth, FL 33461 RE: RESOLUTION #R01,60-TWOINTERLOCAL AGREEMENTS Dear Ms Yinger: Attached please find .a copy of Resolution #R01-60 and two partially signed agreements. After these have been executed, please return a copy to me for oUr Central Files. Thank You. If you have any questions, please do not hesitate to contact me. Sincerely, CITY OF BOYNTON BEACH C: John Wildner, Parks "An Equd Opportunity/Affirmative Action/ADA Employer" P INTERLOCAL AGREEMENT BETWEEN PALM BEACH COUNTY AND THE CITY OF BOYNTON BEACH FOR FUNDING OF BOAT CLUB PARK PHASE I AND PHASE II IMPROVEMENTS R 2 O O 0884 JUN 0 5 MN THIS INTERLOCAL AGREEMENT is made and entered into on 4 / - 3 - 01 , by and between PALM BEACH COUNTY, a political subdivision of the State of Florida, hereinafter referred to as the "COUNTY" and the CITY OF BOYNTON BEACH, a Florida municipal corporation, hereinafter referred to as the "CITY". WITNESSETH: WHEREAS, the CITY previously entered into an Agreement (R -97- 366 -D) as amended (R- 2000 - 0647 -D) for the funding of Boat Club Park Improvements; and WHEREAS, changes have occurred in the project scope and project time frame which required that a new Agreement be entered into: and WHEREAS, CITY and COUNTY desire to revoke the prior Agreement, as amended, and enter into a new Agreement for the development of Boat Club Park; and WHEREAS, the CITY owns and operates Boat Club Park, located at Federal Highway in the City of Boynton Beach; and WHEREAS, the CITY desires to design and construct boat access improvements at Boat Club Park, to be constructed in two Phases; and WHEREAS, the CITY has asked the COUNTY to financially participate in the design and construction of Boat Club Park Improvements, hereinafter referred to as "the Project" and specifically as "Phase I" and "Phase II" respectively; and WHEREAS, the Project represents recreation projects enumerated in the $25.3 Million Park Improvement Revenue Bond Issue, as amended; and WHEREAS, the CITY desires to operate and maintain the Project upon its completion; and WHEREAS, the Project shall be open to and benefit all residents of Palm Beach County; and WHEREAS, Section 163.01, Florida Statutes, permits public agencies to enter into Interlocai Agreements with each other to jointly exercise any power, privilege, or authority which such agencies share in common and which each might exercise separately; and WHEREAS, both parties desire to increase the recreational opportunities for residents of Palm Beach County and to enter into this Interlocal Agreement. NOW, THEREFORE, in consideration of the mutual covenants, promises and representations contained herein, the parties hereto agree as follows: ARTICLE 1: GENERAL Section 1.01 The foregoing recitals are true and correct and are incorporated herein as if fully set forth. Section 1.02 The purpose of this Interlocal Agreement is to enhance recreational opportunities for use by the public and thereby provide a mechanism for the COUNTY to • .assist the CITY in the funding of the Project. Section 1.03 COUNTY will pay to the CITY a total amount not to exceed $900,000 for the design and construction of Boat Club Park Phase I and Phase II, as more fully described In the Conceptual Site Plan and Project Description attached hereto and made a part hereof as Exhibit "A". i Section 1.04 The CITY agrees to provide any funding necessary to complete Phase 1 and/or Phase II of the Project, in the manner described in Section 3.01. Section 1.05 The CITY agrees that at a minimum it will design and construct seventy five (75) boat trailer parking spaces to serve the boat ramps at Boat Club Park. Section 1.06 The CITY agrees that the first priority will be given to design and construction of Phase 1 from funding provided by County. Phase I is estimated to cost approximately $500,000. The balance of County funding, up to a total amount of $400,000, wilt be used for design and construction of Phase II. In the event that total costs for Phase I exceed $500,000, then that excess shall be paid from the remaining balance allocated to Phase II. If Phase I total costs are less than $500,000, the City may use remaining funds from Phase I, plus the balance of the $900,00 County appropriation for costs of Phase II. Section 1.07 The COUNTY's representative during the design and construction of the Project shall be the Director of Parks and Recreation, Palm Beach County Parks and Recreation Department, telephone no. (561) 964 -6600. The CITY's representative during the design and construction of the Project shall be John Wildner, Parks Director, telephone no. (561) 742 -6226. 2 Section 1.08 The CITY shall design the Phase 1 and Phase I! of the Project and construct same upon property owned by the CITY as more fully described in Exhibit "B" attached hereto and made a part hereof. Section 1.09 The CITY shall utilize its procurement process for all design and construction services and material acquisitions required for the Project. Said procurement process shall be consistent with all federal, state and local laws, rules and regulations. The COUNTY shall have no contractual obligation to any person retained by the CITY with regard to the Project. Any disputes, claims, or liability that may arise as a result of the CITY's procurement is solely the responsibility of the CITY and the CITY hereby holds the COUNTY harmless for same to the extent permitted by law and subject to the limitations of Chapter 768.28, Florida Statutes. ARTICLE 2: DESIGN AND CONSTRUCTION Section 2.01 The CITY shall be responsible for the design and construction of the Phase I and Phase II of the Project, hereinafter referred to as "Project". CITY shalt design and construct the Project in substantial accordance with Exhibit "A ", (Project Description and Conceptual Site Plan), attached hereto and made a part hereof, and with all appiicablq federal, state and local laws, rules and regulations. Section 2.02 Prior to or upon execution of this Interlocal Agreement by the parties hereto, the CITY shall initiate its procurement process to select the necessary professional engineer and /or architect to perform all engineering and/or architectural design work, including, but not limited to, the preparation of plans, permits and specifications necessary for the design and construction of the Project. Section 2.03 The CITY shall provide a copy of the engineer's and /or architect's programming phase documents (Le., site plan, floor plan, elevations, etc.) to the COUNTY's Representative for review. The COUNTY's Representative shall review said programming phase documents to ensure consistency with the intent of this Interlocal Agreement. Section 2.04 The CITY shall be responsible for securing all permits and approvals necessary to construct the Project. • Section 2.05 Prior to the CITY commencing construction of the Project, the CITY shall provide a copy of all plans and specifications along with the associated costs thereof to the COUNTY's Representative for review of same to ensure consistency with the intent of this Interlocal Agreement. Section 2.06 The CITY agrees to totally complete the Project and open same to the 3 public for their intended use within eighteen (18) months from the date of execution of this Interlocal Agreement by the parties hereto. Upon notification to the COUNTY at least ninety (90) days prior to that date, the CITY may request an extension beyond this period for the purpose of completing the Project. The COUNTY shall not unreasonably deny the CITY's request for said extension. Section 2.07 The CITY shall submit quarterly project status reports for the project to the COUNTY's Representative on or before January 10, April 10, July 10, and October 10 during the design and construction of the Project. These quarterly reports shall include but not be limited to, a summary of the work accomplished, problems encountered, percentage of completion, and other information as deemed appropriate by the COUNTY's Representative. ARTICLE 3: FUNDING . Section 3.01 The total not to exceed amount as set forth in Section 1.03 hereinabove shall be paid by the COUNTY to the CITY on a reimbursable basis. Any costs incurred in connection with the Project in excess of that amount shall be the sole responsibility of the CITY. Should the total cost of the Project exceed the amount as projected by the CITY, the CITY shall budget and appropriate the excess funds required for completion of the Project. The COUNTY shall not dispense any funds to the CITY for the Project until the CITY has budgeted and appropriated said excess funds for the Project. Section 3.02 The COUNTY shall pay reimbursable costs to the CITY on a quarterly basis from the date of execution of this Interlocal Agreement. For each requested quarterly payment, the CITY shall provide to the COUNTY's Representative a fully completed and ekecuted Contract Payment Request Form and a Contractual Services Purchase Schedule Form, attached hereto and made a part hereof as Exhibit "C ". Said forms shall include information listing each invoice as paid by the CITY and shall include the vendor invoice number, invoice date; and the amount paid by the CITY along with the number and date of the respective check for said payment. The CITY shall attach a copy of each vendor invoice paid by the CITY along with a copy of each respective check and shall make reference thereof to the applicable item listed on the Contractual Services Purchase Schedule Form. Further, the CITY's Project Administrator and Project Financial Officer shall certify the total funds spent by the CITY on the Project and shall apso certify that each vendor invoice as listed on the Contractual Services Purchase Schedule Form was paid by the CITY as indicated. Section 3.03 The COUNTY shall retain not less than ten percent (10 %) of the total ` amount allocated to the CITY for each Phase of the Project until the CITY completes the total Project and provides the COUNTY with either a Certificate of Occupancy or a Project Completion Certification as determined by COUNTY, and the COUNTY receives and 4 approves all documentation as required in accordance with this Interlocal Agreement. The County's representative shall visit the Project site to verify and approve said final reimbursement. Section 3.04 The CITY shall provide a request for final reimbursement to the COUNTY no later than ninety (90) days following substantial completion of the Project. Section 3.05 The COUNTY agrees to reimburse CITY an amount not to exceed $96,000 for those approved pre - agreement costs accruing to the Project subsequent to March 18, 1997, as more fully described in Exhibit "D", Cost Estimate and Pre - Agreement Cost List. Section 3.06 For construction projects fully funded by the County Bond, no more than 10% of the Bond funding for the project shall be used for design and engineering costs fdrthe project and be eligible for reimbursement under this Agreement. ARTICLE 4: OWNERSHIP, OPERATION AND MAINTENANCE OF THE PROJECT i Section 4.01 Upon completion, the Project shall remain the property of the CITY. The COUNTY shall not be required to pay the CITY any additional funds for any other capital improvement required by or of the CITY. Section 4.02 The CITY hereby warrants and represents that it has full legal authority and financial ability to operate and maintain said Project. The CITY shall be responsible for all costs, expenses, fees and charges, and liability related to the operation and maintenance of the Project. The CITY shall operate and maintain the Project for its intended use by the general public for a term of thirty (30) years from the execution of this Interlocal Agreement by the parties hereto. The CITY shall maintain the Project in accordance with industry standards for such facilities to prevent undue deterioration and to encourage public use. Section 4.03 The rights and duties arising under this Interlocal Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns. The CITY may not assign this Interlocal Agreement nor any interest hereunder without the express prior written consent of the COUNTY. Section 4.04 it is the intent of the COUNTY to issue this funding assistance to the CITY for the purpose set forth hereinabove. In the event the CITY transfers ownership of the Project to a party or parties not now a part of this Interlocal Agreement, other than 5 another governmental entity that agrees to assume, in writing, CITY's obligations hereunder, the COUNTY retains the right to reimbursement from the CITY for its participation to the full extent of the funding assistance awarded to accomplish either Project. Should CITY transfer management of the project to a party or parties not now a part of this Interlocal Agreement, CITY shall continue to be responsible for the liabilities and obligations as set forth herein. Further, CITY shall not transfer management of the Project to a third party without the written consent of the COUNTY. ARTICLE 5: USE OF THE PROJECT Section 5.01 The CITY warrants that the Project shall serve a public recreational purpose and be open to and benefit all residents of Palm Beach County and shall be available thereto on the same cost and availability basis as to residents of the CITY. The CITY shall not discriminate on the basis of race, color, sex, national origin, age, disability, religion, ancestry, marital status or sexual orientation with respect to use of the Project. Section 5.02 The term of this Interlocal Agreement shall be for a period of thirty (301 years commencing upon the date of execution of this Interlocal Agreement by the parties hereto. The CITY shall restrict its use of the Project to recreational, civic, community, and social purposes only unless otherwise agreed to in writing by the parties hereto. Section 5.03 The CITY shall affix a permanent plaque or marker in a prominent location at each completed Project indicating that the COUNTY was a contributor to the development of the Project. Said plaque or marker shall include the County seal and a list of County Commissioners, unless otherwise directed by the COUNTY's Representative. ARTICLE 6: ACCESS AND AUDITS The CITY shall maintain adequate records to justify all charges, expenses, and costs incurred in estimating and performing the design and construction of the Project for at least five (5) years after the end of the fiscal year in which the final payment is released by the COUNTY, except that such records shall be retained by the CITY until final resolution of matters resulting from any litigation, claim, or special audit that starts prior tq the expiration of the five (5) year period. The COUNTY reserves the right, upon reasonable request and during normal business hours, to inspect said Project and shall have access to such books, records, and documents as required in this section for the purpose of inspection or audit. ARTICLE 7: NOTICES 6 Any notice given pursuant to the terms of this Interlocal Agreement shall be in writing and hand delivered or sent by Certified Mail, Retum Receipt Requested. 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, FL 33461 As to the CITY: City Manager City of Boynton Beach P.O. Box 310 c Boynton Beach, Fl 33425 ARTICLE 8: TERMINATION FOR NON - COMPLIANCE The COUNTY may terminate this Interlocal Agreement upon written notice to the CITY for non - compliance by the CITY in the performance of any of the terms and conditions as set forth herein and where the CITY does not cure said non - compliance within ninety (90 ninety) days of receipt of written notice from the COUNTY to do so. Further, upon written notice, the CITY shall reimburse to the COUNTY any funds provided to the CITY pursuant to this Interlocal Agreement, either in whole or in part as determined by the COUNTY. The obligation for (r1 Reimbursement is limited to material breaches which prevent the operation of the project for its intended recreational purpose as referenced herein. ARTICLE 9. REMEDIES This Interlocal Agreement shall be govemed by the laws of the State of Florida. Any and ail legal action necessary to enforce the Interlocal Agreement 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 hereto may pursue any and all actions available under law to enforce this Interlocal Agreement including, but not limited to, actions arising from the breach of any provision set forth herein. ARTICLE 10: FILING A copy of this Interlocal Agreement shall be filed with the Clerk of the Circuit Court in and for Palm Beach County. ARTICLE 11: INDEMNIFICATION CITY shall indemnify, defend, and hold harmless COUNTY against any actions, claims, or damages arising out of CITY's negligence in connection with this Interlocal Agreement to;the extent permitted by law. The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the limits set forth in Section 763.28, Florida Statutes, nor shall the same be construed to constitute agreement to indemnify the County for the Cpunty's negligent acts or omissions. ARTICLE 12: INSURANCE Without waiting the right to sovereign immunity as provided by Section 768.28, Florida Statutes, the CITY 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. Ind the event that the CITY does not rely exclusively on sovereign immunity as provided by Section 768.28, Florida Statutes, the CITY shall agree to maintain third -party Commercial General Liability at limits not less than $500,000 combined single limit for bcpdily injury or property damage. With respect to Commercial General Liability, CITY shall agree to add the COUNTY as an "Additional Insured'. Any claims -bill tailored coverage shall not be considered third party liability for the purpose of this paragraph. The CITY agrees to maintain or to be self- insured for Workers' Compensation and Efnployer's Liability insurance in accordance with Chapter 440, Florida Statutes. The CITY agrees to maintain or acknowledges to be self- insured for property insurance, which would include builder's risk insurance while the project is in the course of 8 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 the CITY's replacement cost or probable maximum loss estimates for the perils of either fire, wind, or flood. CITY shall agree to be fully responsible for any deductible or self - insured retention. The CITY shall agree to provide a statement or Certificate of Insurance evidencing insurance, self - insurance, and/or sovereign immunity status, which COUNTY agrees to recognize as acceptable for the above mentioned coverages. Compliance with the foregoing requirements shall not relieve CITY of its liability and obligations under this Interlocal Agreement. ARTICLE 13: CAPTIONS The captions and section designations herein set forth are for convenience only and shall have no substantive meaning. ARTICLE 14: SEVERABILITY If any term or provision of this Interlocal Agreement, or the application thereof to any person or circumstance, shall to any extent be held invalid or unenforceable, the remainder of this Intertocal Agreement, or the application of such term or provision, to any person or circumstance other than those as to which it is held invalid or unenforceable, shall not be affected, and every other term and provision of this Interlocal Agreement shall be deemed valid and enforceable to the extent permitted by taw. ARTICLE 15: ENTIRETY OF AGREEMENT This Interlocal Agreement represents the entire understanding between the COUNTY and the CITY, and supersedes all other negotiations, representatlons or agreements, either written or oral, relating to this Interlocal Agreement. None of the provisions, terms and conditions contained in this Interlocal Agreement may be added to, modified, superseded or otherwise altered, except by written instrument executed by the parties hereto. 9 IN WITNESS WHEREOF, the parties have caused this Interlocal Agreement to be executed on the day and year first above written. R 20 0 1 0 3 8 4 MN 1f �r ATTEST: '���� M BEACH COUNTY, FLORIDA BY ITS DOROTHY H. WILKEN, C� .6,-4' 0 NT Y D OF COUNTY COMMISSIONERS Board of County Commissior* BEg N�' 1 O( 'S' %, COUNTY �y By: : _ I ,1 .��d. �" �' F Aro � Y ; • Deputy Clerk kn,�� ••••. ..•••• c, rre .Newell, Chairman s o ATTEST: o :`cc;�' RO'••.�4 r % CITY OF BOYNTON BEACH to By t 1 s By: �C • Clerk �''�, > �< O R;. .. � e`\` ��o yor / / APPROVED AS TO FORM AND APPROVED AS TO FORM AND LEGA SUFFICIENCY LEGAL SUFFICIE CY By: Nut. _ (17 B N,A ClvikA County Attomey City Attorney • io EXHIBIT A PROJECT DESCRIPTION AND CONCEPTUAL SITE PLAN .,,,, ,..., E. : � � , 1 I P.. g i if! $°� j 1 s. • ® 111 l aiii 1 1 dti I i ii 111 I A 4 1 A 3 8 ■ ) 1 � w - � 1.{ , ` J f > '}• t Y •', , ! If , +` r ' • • + , . y � ; 1 E -r • Q J •11 1 f , l� �' t7 ' d a I 1 1 . . i. ,-,•.,;,)t - ,'-f, '.;'„q ,..!i 1 ; i: .,,,, ,-,,, ; -1',.; ' .. k Y.!'" (.:, 0 • ', CL 1 Fr -, • 14114 , nu , .. „-, ....A I A. '� ' 1 , � r ' ` r . " • . I ' . , � ' i s. r . t ' . .... I f-Y. 1 * . 0 :. , 1 , te r - r t I Ilt I 1 , , 1 � Att., ; -, '1' S•0-1. Igi /0 . (''`'' k, 1� It • � t 1' ' e. ) y ' + 1. ...;,. ! - f , I!^ �F k 1 1 :� 1 ! ,1 • v ,. / .: tii.ritiiil"I.,{:titr 1. i ` ; .J �' - . • 1 .r e.'• • "'lt::i1•:.1.1'1'ir'•t.AS.tii: t+i I / ■ ' 1 • ' .J,. 1 ' Jn,.r 6 i 1 I '' 1 Y x x ,. ; " _ F . I 1 t, w 8 h a I t, Jf", .1 / • \ R g u u o Q/ ,' 4 ' ',rL� g g Q... ,( .,�' 1 (r� �� 1 c r .t1 S n b • M j i ^� ,- • ; rgi * N .. op, ,„..,,,, ., , II � / t 0 .tr.. / i'� pr o t5e • p t?Y4 I 2:.:',c,2 ' M1 r, ��, 4 . t ,1 K s \ 8's 62,`. 1i• .:'� li 1 '' ` A it iS Q e (. ,A• i'4. 14 -111'! f'1V P /1trP , './1 ,- O B F F E o '4 ) 1 I o EXHIBIT 'A' EXHIBIT B LEGAL DESCRIPTION OF PROPERTY O O O t - • V 0 0 � 0 Z CC J w r N ° c.) o >.m 1 wm � o ( mo w r a t d 0) � 0. � � qua I �c 03 ct° 1.1. � k 0 Ct _, m Z tAJ � a N wco as � k' x a l �� J 0 zw� ' �;� w ^ �� U w� 3 a `� G ' c 1 �-. cy p v % p0 tr) 0 w O •-.... , 1.... (/) CNA �' m a) - j � C CO wLi �~ o��, (r) Q ' 6 - moo=' ,� '�Qa 0 a�� o e 3 k. -z w >... -� ( tea. 1 VA ~ z "`' o w w ca w k z' � - �- 2 (...D o o� w� o� 0)- �o� �..1 R. c 4. �, � c4 o v v o � a � ki NZ 9N3 HOU NOINAOg S9Z9 Z6L T9S %V3 9S:TT TOOZ /TO /00 EXHIBIT C CONTRACT PAYMENT REQUEST FORM AND CONTRACTUAL SERVICES PURCHASE SCHEDULE FORM O PALM BEACH COUNTY EXHIBIT C PARKS AND RECREATION DEPARTMENT CONTRACT PAYMENT REQUEST (Project) Grantee Request Date Billing # Billing Period PROJECT PAYMENT SUMMARY Project Costs Cumulative Total Item This Billing Project Costs Project Costs Consulting Services Contractual Services Materials, Supplies, Direct Purchases Grantee Stock Equipment, Furniture TOTAL PROJECT COSTS Certification: I hereby certify that the above Certification: 1 hereby certify that the documen- were incurred for the work identified as being tation has been maintained as required to support accomplished in the attached progress reports. 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 Cost $ 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 1 OF 2 V -p 1 0 )-' Q✓ L X ro�C ►.0 u h a .1., (0 L u c i �C! o o • • c E ro c L u c o 4♦ QJ * X CU c a .)0 °J (t1 H CU to 0 C °. w s > o C t u n r0 = ( 0 a VD ro" 6:1 414 ao . . . ar c or c c E ro c m a u 0 to = C .� to 4, c ti D m " us0 _ _I a Z W o E_ 0 i s to WS aQs H svo V —s u C, I _ co) c a, u cc 1.1.1 o - o w >- Q N = 0 L w "3 Z W = 'c° u 0 a ' u u 3 L s ? O Z • CC co Z ar o c V Oa :r y L� V u— ii SF- cn (1) u V u" N Q WV ft "0c O m V> `. V >ro N W cd W J N Q CI J C_Z� Q Y ° z ed 00 a _ ' o -o - o Z o c = 0 O a, * u — ro 0 v c c y .s ro = s 0.1 L (.7 m = o as s s ct s. roc r cn U 0 v >. u _0 co v • scu CI) C o i .. u 0 E u 3 a Z wai 1 o E V E u 2. Q b c 0 V EXHIBIT D PROJECT COST ESTIMATE AND PRE- AGREEMENT COST LIST Note: Costs must be for eligible project expenses incurred subsequent to March 18, 1997 • COST ESTIMATE AND PRE - AGREEMENT COST FOR BOAT CLUB PARK PHASE I AND PHASE II PHASE I Site preparation /demolition $60,000 Paving drainage $175,000 Landscape and irrigation $65,000 Site lighting, fencing, signage $65,000 *Engineering design $50,000 *Permitting $10,000 SUB -TOTAL $425,000 CONTINGENCY $75,000 TOTAL $500,000 PHASE II Boat docks and ramps $150,000 Seawall and dredging $100,000 Permits and mitigation $10,000 *Engineering /Design $36,000 Marine Surveys $20,000 Mitigation $32,000 SUB -TOTAL $348,000 CONTINGENCY $52,000 TOTAL $400,000 *Eligible for Pre - agreement costs if invoiced subsequent to March 18, 1997. EXHIBIT "D" G: \SYINGER \BOND \BOYNTON \Boat Club Park \EXHIBITD ~: Aha Ortiz At: Atlantic Pacific Insurance To: Fax#: (561) 626-3153 Date: 04/18/2001 03:56 P IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s): If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorSement. A statement on this certificate does no~ confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverSe side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25-.R {7197)' - CERTIFICATE OF COVERAGE Certificate Holder Administrator Issue Date 4/17/01 NT PALM BEACH COUNTY BOARD OF COUNTY Florida League of Cities, Inc. COMMISSIONERS Public Risk Services PARKS & RECREATION DEPARTMENT P.O. Box 530065 Orlando, Florida 32853 -0065 2700 6 AVENUE SOUTH LAKE WORTH, FL 33461 COVERAGES !HIS IS TO CERTIFY THAI 1HE AGRELMEN! BELOW HAS BEEN ISSUED TO IHE DESIGNATED MEMBER FOR rHE COVERAGE PERIOD INDICATED NO rWi fHS1 AWING ANY REQUIRENIEN f, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE COVERAGE AFFORDED BY THE AGREEMENT DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH AGREEMENT COVERAGE PROVIDED BY: FLORIDA MUNICIPAL INSURANCE TRUST AGREEMENT NUMBER: FMIT 0055 COVERAGE PERIOD: FROM 10/1/00 COVERAGE PERIOD: TO 9/30/01 12.00 Midnight Standard Time TYPE OF COVERAGE - LIABILITY TYPE OF COVERAGE - PROPERTY General Liability ® Buildings ❑ Miscellaneous ❑ Comprehensive General Liability, Bodily Injury, Property Damage and ❑Basic Form ❑ Inland Marine Personal Injury ® Special Form ❑ Electronic Data Processing ❑ Errors and Omissions Liability Z Personal Property ❑ Bond ❑ Supplemental Employment Practice ❑ Basic Form ❑ ❑ Employee Benefits Program Administration Liability Z Special Form ❑ Medical Attendants' /Medical Directors' Malpractice Liability ® Agreed Amount ❑ Broad Form Property Damage ® Deductible 85,000 ❑ Law Enforcement Liability ® Coinsurance 100% ❑ Underground, Explosion & Collapse Hazard ® Blanket ❑ Specific Limits of Liability * Combined Single Limit ❑Replacement Cost ❑ Actual Cash Value Deductible N/A Automobile Liability Limits of Liability or File with Administrator ❑ All owned Autos (Private Passenger) TYPE OF COVERAGE - WORKERS' COMPENSATION ❑ All owned Autos (Other than Private Passenger) ❑ Hired Autos ❑ Statutory Workers' Compensation ❑ Non -Owned Autos ❑ Employers Liability 51,000,000 Each Accident 81,000,000 By Disease 81,000,000 Aggregate By Disease Limits of Liability 8100,000 Each Person /5200,000 Each Occurrence ❑ Deductible N/A Deductible N/A ❑ Automobile /Equipment - Deductible ❑ Physical Damage N/A - Comprehensive - Auto N/A - Collision - Auto N/A - Miscellaneous Equipment Other Description of Operations /Locations /Vehicles /Special Items RE: Interlocal Agreement - Builder's Risk for parking lot construction and seawall and dock improvement at 2210 North Federal Highway, Boynton Beach, FL. 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 ALTER THE COVERAGE AFFORDED BY THE AGREEMENT ABOVE DESIGNATED MEMBER CANCELLATIONS SHOULD ANY PART OF THE ABOVE DESCRIBED AGREEMENT BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 DAYS CITY OF BOYNTON BEACH WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED ABOVE, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE P.O. BOX 310 PROGRAM, ITS AGENTS OR REPRESENTATIVES BOYNTON BEACH, FL 33425 AUTHORIZED REPRESENTATIVE FMIT -CERT 110/96) NORTH RIVER INSURANCE CO. CERTIFICATE OF INSURANCE DATE ISSUED: 4/18/01 PRODUCER This certificate is issued as a matter of information only and confers no rights upon Arthur J. Gallagher & Co the certificate holder. This certificate DOES NOT amend, extend or alter the coverage 2255 Glades Road afforded by the policies below. Suite 400 E. Boca Raton, FL 33431 COMPANIES AFFORDING COVERAGE COMPANY (A) NORTH RIVER INSURANCE COMPANY INSURED COMPANY (B) City of Boynton Beach, FL 100 E. Boynton Beach Blvd. COMPANY (C) - Boynton Beach, FL 33435 COMPANY (D) COVERAGES This is to certify that the policies of Insurance listed below have been issued to the insured named above for the policy penod indicated, notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate may be issued or may pertain, the Insurance afforded by the policies described herein is subject to all the terms, exclusions and conditions of such policies. Limits shown may have been reduced by paid claims. CO TYPE OF INSURANCE POLICY NUMBER POUCY EFFECTIVE POUCY EXPIRATION LIMITS LTR DATE (MMIDD/YY) DATE (MMIDDIYY) GENERAL LIABILITY A CIO COMMERCIAL GENERAL LIABILITY SEE BELOW SEE BELOW SEE BELOW GENERAL AGGREGATE SEE BELOW 0 CLAIMS MADE ® OCCUR PRODUCTS - COMP/OP AGG 0 OWNER'S & CONTRACTOR'S PROT EACH OCCURRENCE FIRE DAMAGE (any one fire) MED EXPENSE (any one person) AUTOMOBILE LIABILITY A 0 ANY AUTO Not Applicable Not Applicable Not Apphcable COMBINED SINGLE LIMIT NA 0 ALL OWNED AUTOS BODILY INJURY 0 SCHEDULED AUTOS BODILY INJURY (n..eaa..) 0 HIRED AUTOS PROPERTY DAMAGE 0 NON-OWNED AUTOS 0 GARAGE LIABILITY EXCESS LIABILITY A 0 UMBRELLA FORM EACH OCCURRENCE 55,000,000 OD OTHER THAN UMBRELLA FORM 544- 0000+ 8-2 10/1/00 10/01/03 AGGREGATE Not Applicable WORKERS COMPENSATION STATUTORY LIMITS Statutory AND EMPLOYERS LIABIUTY EACH ACCIDENT DISEASE- POLICE LIMIT DISEASE-EACH EMPLOYEE XXXX — POLICY SUBJECT TO SIR As per General Endorsement FM GEN 001. DESCRIPTION OF OPERATIONS /LOCATIONSNEHICLES/SPECIAL ITEMS — All operations usual to a City Government including Palm Beach County Parks & Recreation as additional insured as respects Parking Lot Construction Inter Local Agreement. All other terms and conditions of policy remain unchanged. CERTIFICATE HOLDER Should any of the above described policies be cancelled before the expiration date thereof, the issuing company will endeavor to mail 22 days written notice to Palm Beach Cunty Parks & the certificate holder named to the left, but failure to mail such notice shall impose Recreation no obligation or liability of any kind upon the company, its agents or representatives. 2700 6 Ave. South Lake Worth, FL 33461 Authorized signature. Sandra M. Don RANGER INSURANCE MANAGERS