R00-020 RESOLUTION R00-,~,~
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,
THE CITY OF BOYNTON BEACH AND THE
BOYNTON CULTURAL CENTRE, INC., FOR
FUNDING OF THE 1913 SCHOOLHOUSE MUSEUM
IMPROVEMENTS; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City of Boynton Beach (Municipality) owns
property located at 129 East Ocean Avenue in the City of Boynton
Beach, Florida; and
WHEREAS, the Municipality and Boynton Beach Cultural
Centre, Inc., (Agency) have entered into a Management Agreement
dated June 9, 1999; and
WHEREAS, the Agency has requested financial participation
from Palm Beach County (County) in the design, construction and
acquisition of said project;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY
COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA,
THAT:
Section 1. Upon recommendation of staff, this Commission
does hereby authorize and direct the Mayor and City Clerk to execute
an Interlocal Agreement between Palm Beach County, the City of
Boynton Beach and the Boynton Beach Cultural Centre, Inc., for
funding of the 1913 Schoolhouse Museum Improvements.
Section2 That this Resolution shall become effective
immediately upon passage.
PASSED AND ADOPTED this '~' day of /~'/,~'~',', 2000.
Vice Mayor
Mayor Pro Tem,~,~.~
Commissioner
ATTEST:
Cityf/Clerk
(Co ....
s:~V~i~e~calXCt~CO BB~Boy~t~ral
THE
INTERLOCAL AGREEMENT BETWEEN PALM BEACH COUNTY,
CITY OF BOYNTON BEACH, AND THE BOYNTON CULTURAL CENTRE, INC.,
FOR FUNDING OF 1913 SCHOOLHOUSE MUSEUM IMPROVEMENTS
APR 18 20¢)
THIS INTERLOCAL AGREEMENT is made and entered into this day of
,2000, by and between PALM BEACH COUNTY, a political subdivision of the
tate of Florida, hereinafter referred to as "COUNTY", The City of Boynton Beach, a
Iorida Municipal Corporation, hereinafter referred to as "MUNICIPALITY", and the
oynton Cultural Centre, Inc., a Florida not-for-profit corporation, hereinafter referred to as
\GENCY"
WHEREAS,
WlTNESSETH'
MUNICIPALITY Owns property located at 129 East Ocean Avenue
i! WHEREAS, the Project represents one such recreation/cultural project enumerated
id the $25 Million Recreation and Cultural Facilities Bond; and
WHEREAS, AGENCY desires to operate and maintain the Project upon its
c()mpletion; and
WHEREAS, the Project shall be open to and benefit all residents of Palm Beach
C 3unty; and
id Boynton Beach; and
~1 WHEREAS, MUNICIPALITY and AGENCY have entered into a Management
Agreement dated June 9, 1999, which is on file with MUNICIPALITY'S Clerk's office; and
WHEREAS, AGENCY desires to design, construct, and acquire exhibits and other
c.~pital improvements for the 1913 Schoolhouse Museum, hereinafter referred to as "the
Project" at said location; and
WHEREAS, AGENCY has asked COUNTY to financially participate in the design,
o)nstruction and acquisition of said project; and
WHEREAS, on March 9, 1999, a bond referendum was passed by the voters of
Palm Beach County for the issuance of general obligation bonds for the purpose of
fi~lancing the acquisition, construction, and/or improvements to certain recreation and
c~dtural facilities, in the principal amount of $25 Million; and
WHEREAS, on July 27, 1999, COUNTY approved a recreation and cultural facilities
p~oject list and proposed funding allocations for the $25 Million Recreation and Cultural
F~acilities Bond; and
WHEREAS, Section 163.01, Florida Statutes, permits PubliC agencies to enter into
Interlocal 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, all parties desire to increase the recreational and cultUral opportunities
for residents of Palm Beach County and to enter into this Intedocal 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 Intedocal Agreement is to enhance recreational and
cultural opportunities for use by the public and thereby provide a mechanism for the
COUNTY to assist AGENCY in the funding of the Project.
Section 1.03 COUNTY will pay to AGENCY a total amount not to exceed $1,000,000 for
the design, construction and acquisition of the Project as more fully described in the Project
Description and Conceptual Site Plan attached hereto and made a part hereof as-Exhibit
Section 1.04 MUNICIPALITY and AGENCY agree to provide funding in an amount of
$ 0 to complete the Project.
Section 1.05 COUNTY's representative dudng 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) 966-6685. MUNICIPALITY and AGENCY's
representative during the design, construction and acquisition of the Project shall be Arleen
Dennison, Head of Special Services/Executive Director, telephone no. (561) 742-6387.
Section 1.06 AGENCY shall design, construct and acquire the Project upon property
owned by MUNICIPALITY as more fully described in Exhibit"B" attached hereto and made
a part hereof.
Section 1.07 AGENCY shall utilize its procurement process for all design, construction
and acquisition services required for the Project. Said procurement process shall be
consistent with all federal, state and local laws, rules and regulations. COUNTY shall have
no contractual obligation to any person retained by AGENCY with regard to the Project.
Any dispute, claim, or liability that may adse as a result of AGENCY's procurement is
sOlely the responsibility of AGENCY and AGENCY hereby holds the COUNTY harmless
for same to the extent permitted by law and subject to the limitations of Section 768.28,
Florida Statutes.
ARTICLE 2: DESIGN AND CONSTRUCTION
SleCtion 2.01 AGENCY shall be responsible for the design and construction of the Project.
GENCY shall design and construct the Project in accordance with Exhibit "A" (Project
escription and Conceptual Site Plan), attached hereto and made a part hereof, and with
I applicable federal, state and local laws, rules and regulations.
Siection 2.02 Prior to or upon execution of this Intedocal Agreement by the parties hereto,
A~GENCY shall initiate its procurement process to select the necessary professional
epgineer and/or architect to perform all engineering and/or architectural design work,
iqCluding, but nOt limited to, the preparation of plans, permits and specifications necessary
for the design and construction of the Project.
- '
S~ection 2.03 AGENCY shall provide a copy of the design professional's, engineer's
ahd/or architect's programming phase documents (i.e., site plan, floor plan, elevations,
e~c.) to the COUNTY's Representative for review. The COUNTY's Representative shall
Iview said programming phase documents to ensure consistency with the intent of this
erlocal Agreement. If no comments are received within thirty (30) days the documents
I be presumed to be approved.
n~Ction 2.04 AGENCY shall be responsible for securing all permits and approvals
cessary to construct the Project.
Section 2.05 Prior to AGENCY commencing construction of the Project, AGENCY shall
plovide 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.
S~ection 2.06 AGENCY agrees to totally complete the Project and open same to the
blic for its intended use within thirty six (36) months from the date of execution of this
edocal Agreement by the parties hereto. Upon notification to the COUNTY at least
nlnety (90) days prior to that date, AGENCY may request an extension beyond this period
for the purpose of completing the Project. COUNTY shall not unreasonably deny
AGENCY's request for said extension.
Section 2.07 AGENCY shall submit quarterly project status reports to the COUNTY's
Representative on or before January 10, April 10, July 10, and October 10 during the
d~esign 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
c~)mpletion, and Other information as deemed appropriate by the COUNTY's
Representative.
3
ARTICLE 3: FUNDING
Section 3.01 The total not to exceed amount as set forth in Section 1.03 hereinabove shall
be paid by COUNTY to AGENCY on a reimbursable basis. Any costs incurred in
connection with the Project in excess of that amount shall be the sole responsibility of
AGENCY. Should the total cost of the Project exceed the amount as projected by
AGENCY, AGENCY shall appropriate and expend the excess funds required for
completion of the Project. The COUNTY shall nOt dispense any fundS to AGENCY for the
Project until AGENCY has appropriated and expended said excess funds for the Project.
Section 3.02 The COUNTY shall reimburse project costs under the terms of this
Agreement to AGENCY on a quarterly basis from the date of execution of this Interlocal
Agreement; however, should the need adse for AGENCY to be reimbursed on a more
frequent basis,'then COUNTY will, at AGENCY's specific request for each instance, make
its best efforts to reimburse AGENCY within forty five (45) days of such special request.
For each requested payment, AGENCY shall provide to the COUNTY's Representative
a fully completed and executed 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 AGENCY and shall
include the vendor invoice number; invoice date; and the amount paid by 'AGENCY along
with the number and date of the respective check for said payment. AGENCY shall attach
a copy of each vendor invoice paid by AGENCY 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, AGE NCY's Project Administrator and Project
Financial Officer shall certify the total funds spent by AGENCY on the Project and shall
also certify that each vendor invoice as listed on the Contractual Services Purchase
Schedule Form was paid by AGENCY as indicated.
Section 3.03 The COUNTY shall retain not less than ten percent (10%) of the total amount
allocated AGENCY for the Project until AGENCY completes the Project and provides
COUNTY with a Project Completion Certification, and the COUNTY receives and approves
all documentation as required in accordance with this Interlocal Agreement. The
COUNTY's representative shall visit the Project site to vedfy and approve said final
reimbursement.
Section 3.04 AGENCY shall provide a request for final reimbursement to the COUNTY
no later than ninety (90) days following completion of the Project and provision a Project
Completion Certification to the County.
Section 3.05 The County agrees to reimburse AGENCY an amount not to exceed
$456,000 for those approved pre-agreement costs accruing to the Project subsequent to
March 9, 1999, as more fully described in Exhibit "D", Cost Estimate and Pre-Agreement
Cost List.
3.06 For construction projects fully funded by the County Bond, no more than 10% of the
~ funding for the project shall be used for design and engineering costs for the project
and be eligible for reimbursement under this Agreement.
ARTICLE 4: OWNERSHIP, OPERATION AND MAINTENANCE
OF THE PROJECT
Section 4.01 Upon completiOn, the Project shall remain the property of the AGENCY. The
(~:OUNTY shall not be required to pay AGENCY any additional funds for any other capital
improvement required bY or of AGENCY.
~ ection 4.02 AGENCY hereby warrants and represents that it has full legal authority and
fi lancial ability to operate and maintain said Project. AGENCY shall be responsible for all
costs, expenses, fees and charges, and liability related to the operation and maintenance
oF the Project.
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ection 4.03 AGENCY shall operate and maintain the Project for its intended Use by the
eneral public for a term of thirty (30) years from the execution of this Interlocal Agreement
the parties hereto. AGENCY shall maintain the Project in accordance with industry
:andards for such facilities to prevent undue deterioration and to encourage public use.
ection 4.04 The rights and duties arising under this Interlocal Agreement shall inure to
~e benefit of and be binding upon the parties hereto and their respective successors and
ssigns. MUNICIPALITY and AGENCY may not assign this Interlocal Agreement or any
terest hereunder without the express prior written consent of the COUNTY.
Section 4.05 It is the intent of COUNTY to issue this funding assistance to AGENCY for
t/~e purpose set forth hereinabove. In the event AGENCY transfers ownership of the
Project to a party or parties not now a part of this Intedocal Agreement, other than another
g 3vernmental entity that agrees to assume, in writing, AGENCY's obligations hereunder,
COUNTY retains the dght to reimbursement from AGENCY for its participation to the full
e:<tent of the funding assistance awarded to accomplish the Project. Should AGENCY
transfer management of the project to a party or parties not now a part of this Interlocal
Agreement, MUNICIPALITY and AGENCY shall continue to be responsible for the liabilities
a~d obligations as set forth herein. Further, MUNICIPALITY and AGENCY shall not
transfer management of the Project to a third party without the written consent of the
COUNTY.
5
ARTICLE 5: USE OF THE PROJECT
Section 5.01 MUNICIPALITY and AGENCY warrant that the Project shall serve a public
recreational or cultural 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 MUNICIPALITY. MUNICIPALITY and AGENCY 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 pedod of thirty (30) years
commencing upon the date of execution of this Interlocal Agreement by the parties hereto.
MUNICIPALITY and AGENCY shall restrict its use of the Project to recreational, cultural,
civic, educational, community and social purposes only unless otherwise agreed to in
writing by the parties hereto.
Section 5.03 AGENCY shall affix a permanent plaque or marker in a prominent location
at the 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 6i ACCESS AND AUDITS
AGENCY shall maintain adequate records to justify all charges, expenses, and costs
incurred in estimating and performing the design, construction and acquisition 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 AGENCY until
final resolution of matters resulting from any litigation, claim, or special audit that starts
prior to 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
Any notice given pursuant to the terms of this Intedocal Agreement shall be in writing and
hand delivered or sent by Certified Mail, Return 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 MUNICIPALITY:
C_ity Manager
C_ity of Boynton Beach
City Hall
100 East Boynton Beach Boulevard
Boynton Beach, FI 33435
A~s to AGENCY:
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29 East Ocean Avenue
oynton Beach, FI 33435
ARTICLE 8: TERMINATION FOR NON-COMPLIANCE
he COUNTY may terminate thiS Inteflocal Agreement upon written notice to
UNICIPALITY and AGENCY for non-compliance by MUNICIPALITY and/or AGENCY
the performance of any of the terms and conditions as set forth herein and where
UNICIPALITY and/or AGENCY does not cure said non-compliance within ninety (90)
3ys of receipt of written notice from the COUNTY to do so. Further, if MUNICIPALITY
~d/or AGENCY does not cure said non-compliance within the time frame specified
3ove, then upon written notice, the COUNTY may require AGENCY to reimburse any
nds provided to AGENCY pursuant to this Intedocal Agreement either in whole or in part
ice the COUNTY has reasonably determined that no other remedy is available. The
GENCY is not responsible for acts or omissions of the MUNICIPALITY.
ARTICLE 9: REMEDIES
lis Interlocal Agreement shall be governed by the laws of the State of Florida. Any and
legal action necessary to enforce the Intedocal Agreement will be held in Palm Beach
)unty. No remedy herein conferred upon any party is intended to be exclusive of any
her remedy, and each and every such remedy shall be cumulative and shall be in
Jdition to every other remedy given hereunder or now or hereafter existing at law or in
]uity or by statute or otherwise. No single or partial exercise by any party of any right,
)wer, or remedy hereunder shall preclude any other or further exercise thereof. The
trties hereto may pursue any and all actions available underlaw to enforce this Interlocal
]reement including, but not limited to, actions arising from the breach of any provision set
rth 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
AGENCY shall indemnify, defend, and hold harmless COUNTY against any actions,
claims, or damages arising out of AGENCY'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 768.28,
Florida Statutes, 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 AGENCY 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 AGENCY 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 AGENCY, its
agents, servants and/or employees in the performance of this Agreement.
ARTICLE 12: INSURANCE
Without waiving the right to sovereign immunity as provided by Section 768.28, Florida
Statutes, the MUNICIPALITY 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.
AGENCY 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, AGENCY agrees 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 MUNICIPALITY agrees to maintain or to be self-insured for Workers' Compensation
and Employer's Liability insurance in accordance with Chapter 440, Florida Statutes.
The MUNICIPALITY and AGENCY agree 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 construction in an amount at least equal to the estimated completed project
value as well as subsequent modifications of that sum.; thereafter, Ali-Risk property
ipsurance for adequate limits based on the MUNICIPALITY and AGENCY'S replacement
Oust or probable maXimum loss estimates for the perils of either fire, wind, or flood.
NIClPALITY and AGENCY shall agree to be fully responsible for any deductible or self-
insured retention.
hoe MUNICIPALITY and AGENCY shall agree to provide a statement or Certificate of
surance evidencing insurance, self-insurance, and/or sovereign immunity status, which
UNTY agrees to recognize as acceptable for the above mentioned coverages.
ompliance with the foregoing requirements shall not relieve MUNICIPALITY and
GENCY of its liability and obligations under this Intedocal Agreement.
ARTICLE 13: CAPTIONS
The captions and section designations herein set forth are for convenience only and shall
I~ave nO substantive meaning.
ARTICLE 14: SEVERABILITY
any term or provision of this Interlocal Agreement, or the application thereof to any
erson or circumstance, shall to any extent be held invalid or unenforceable, the remainder
this Interlocal Agreement, or the application of such term or provision, to any person or
ircumstance other than those as to which it is held invalid or unenforceable, shall not be
ffected, and every other term and provision of this Interlocal Agreement shall be deemed
alid and enforceable to the extent, permitted by law.
ARTICLE 15: ENTIRETY OF AGREEMENT
'his Intedocal Agreement represents the entire understanding between the COUNTY,
tUNICIPALITY, and AGENCY, and supersedes all other negotiations, representations
r agreements, either written or oral, relating to this Interlocal Agreement. None of the
i: rovisions, terms and conditions contained in this Intedocal Agreement may be added to,
~ ~odified, superseded or otherwise altered, except by written instrument executed by the
I: arties hereto.
IN WITNESS WHEREOF, the parties have caused this Interlocal Agreement to be
executed on the day and year first above written.
R2000 Q54~
ATTEST: ...... ~,.,.,.,,,,~,,, PALM BEACH COUNTY, FLORIDA BY ITS
DOROTHY H. WILKEN, CL__EI~.~.~.f. ~ARD OF COUNTY COMMISSIONERS
Depu~Clerk ~u~ 'COUNT~' ~ Chair AP~ 18 ~
~,~:,. ~o~,~ ....~:
' ~lerk - ~ - ~r ~
WITNESSES:
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY:county_ Att-orn~y- ~
BOYNTON CULTURAL CENTRE, INC.
Tax I.D. #
By: Joan DuBois
Name (Type or Print)
Title: Chairman
APPROVED AS TO FORM AND
Municipality Atto
APPROVI~;~gT' RM AND
· E~^, s~l~°
~1n~1~'rney
lo
LIST OF EXHIBITS
EXHIBIT A
EXHIBIT B
EXHIBIT C
EXHIBIT D
Project Description and Conceptual Site Plan
Legal Description of Property
Contract Payment Request Form (Page 1 of 2)and
Contractual Services Purchase Schedule Form) (Page 2 of 2)
'Cost Estimate and Pro-Agreement Cost List
11
EXHIBIT A
PROJECT DESCRIPTION AND CONCEPTUAL
SITE PLAN
EXHIBIT A
PROJECT DESCRIPTION AND CONCEPTUAL SITE PLAN
1913 CHILDREN"S MUSEUM INTERIOR EXHIBITS
BOYNTON CULTURAL CENTRE, INC.
PROJECW DESCRIPTION
The Museum is approximately 7,000 square feet in size, and there are a total of 6
galleries; 4 at approximately 950 square feet, 2 at approximately 700 square feet, as well
as space for a gift shop and staff offices, and potential exhibition space in hallway and
large stairwell. The funds are to be used as per the following breakdown:
DESIGN SERVICES $100,000
Design services include:
1) development of the interior exhibit designs, media software and hardware
designs, gift shop and office space designs, interior and exterior signage
designs
2) development of construction specifications and fabrication requirements
3) review of construction bids, and
4) supervision of construction, fabrication and installation of the exhibits,
including interior and exterior signs
FABRICATION.AND CONSTRUCTION
$900,000
Attached is a floor plan of the building. The exhibits will be designed around the
following themes:
· Agriculture-including the dairy industry, vegetables and produce, the
fat-ming, shipping and market cycle, and the early fishing industry
· Communication and technology-past, present and future, with an
emphasis on medical applications as well.
· Boynton Beach and expanded southem palm Beach County area-historical
roots, community archive and historical photo areas
· Gallery space constructed for rotating exhibits from other Museums
· Gift store
· Staff space
The building has been recently completely renovated to include an elevator, updated
electric, plumbing, HVAC, a new roof, and some underground cabling to accommodate
future computer hookups.
This phase of the project will include free standing construction of exhibits, (including
the purchase of components fabricated off-site and installed on site, such as
animatronic figures, scale models, etc.) construction of wall unit built-ins as required,
additional media or hardware equipment wiring as required, ~ectioning the building as
needed for staff and gift shop space, or in other words all work necessary to turn an
empty building into an active Children's Museum as per the above stated design
requirements.
BOYNTON BI~ACH lql:b
OLD ~C.~OOL.,. N10.~'UlVi
EXHIBIT B
LEGAL DESCRIPTION OF PROPERTY
EXHIBIT B ....
LEGAL DESCRIPTION OF PROPERTY
Property Address
Legal Description
Ov4Tler
129 East Ocean Avenue
Boynton Beach, Florida 33435
SAWYERS ADD
LTS 2 TO 5 INC, LT 6 (LESS W 75 FT OF S
204.65 FT) W 9.95 FT IF N 68.50 FI' & 20 FI'
Public Usage
City of Boynton Beach
EXHIBIT C
CONTRACT PAYMENT REQUEST FORM AND
CONTRACTUAL SERVICES PURCHASE
SCHEDULE FORM
Grantee
PALM BEACH COUNTY
PARKS AND RECREATION DEPARTMENT
CONTRACT PAYMENT REQUEST
(Project)
Request Date
EXHIBIT C
Billing #
Billing Period
Item
Consulting Services
Contractual Services
Materials, Supplies, Direct Purchases
Grantee Stock
Eq u i pment, F urnitu re
TOTAL PROJECT COSTS
Certification: I hereby certify that the above
were incurred for the work identified as being
accomplished in the attached progress reports.
PROJECT PAYMENT SUMMARY
Project Costs Cumulative
This Billing Project Costs
Total
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 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 OF2
g
EXHIBIT D
PROJECT COST ESTIMATE AND PRE-AGREEMENT
COST LIST
Project Cost Estimates
The following estimates are for the design, acquisition and construction
of the exhibits and space at the 1913 Schoolhouse Museum.
Muse~/m Exhibition Design Fee · Concept design
· Construction/Production Documents
· Fabrication/Installation Supervision
· Follow-up Evaluation
100,000.00
Construction Budget
·
·
!
Fabrication Contractor
Exhibition Galleries
· First Floor- 700 sq. ft ~ $165 sq. ft.
· Second Floor- 2600 sq. ft. ~ $165 sq. ft.
Rotating Exhibition
· First Floor- 920 sq. ft. ~ $125 sq. ft.
Archive Gallery/Gift Shop/Office
· First Floor- 920 sq. ft. ~ $175 sq. ft.
80,000.00
115,000.00
429,000.00
115,000.00
161,000.00
Total Budget
$1,000,000.00
Pre-Agreement Cost List
A Request for Proposal for Museum Exhibition Design has been issued
and was due for review on Friday, December 10, 1999. Subsequently, we
will advertise for a museum fabricator. Both p/u-ties will be asked to enter
into a contractual agreement with the Boynton Cultural Centre, Inc. for
their services.
These services are direct costs related to the intent and purpose of this
Agreement. Since this tri-party Agreement must still be finalized between
Palm Beach County, the City of Boynton Beach and the Boynton Cultural
Centre, Inc., it is requested that $500,000.00 of the above budget be
available as Pre-Agreement Costs, so this project can get underway.
EXHIBIT D
PROJECT COST ESTIMATE AND PRE-AGREEMENT
COST LIST
Note: Costs must be for eligible project expenses incurred
subsequent to March 9, 1999
Date: 0~/17/00 Time: 11:29 AM
ACORD.
PRODUCER 6561)278-0448
#eekes & Callaway, Inc.
P.O. Box 1460
Delray Beach, FL 33447-1460
ANn:
~SU~D
To: Susan Yinger @ 1-561-963-6719 Page: 001-001
DATE (MI~DD/YY)
03/17/2000
FAX (561) 278-2391 I 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 POLICIES BELOW.
COMPANIES AFFORDING COVERAGE
:tyPifY T r';~'i~ ~ ~ or~ ~- r~ & n-t~ a-i- "~: r~¥-(~6 ............................
Ext: A
Boynton Cultural Centre, Inc.
1913 Schoolhouse Museum
208 South Seacrest Boulevard
Boynton Beach, FL 33435-4452
Transportation Ins Co
Execu~iv~--Ri.S~.-[.nsu~-anc~..~0~.p~ ......
ZCMPANY
D
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
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 POLICY EFFECTIVE POLICY EXPIRATION LIMITS
LTR ~ DATE (MM/DOllY) DATE (MM/DD/YY)
GENERAL LIABILITY
X COMMERCIAL GENERAL LIABILITY
..... CLAIMS MADE X- OCCUR
OWNER'S & CONTRACTOR S PROT
2023086804 11/16/1999
AUTOMOBILE LIABILITY
ANY AUTO
ALL OWNED AUTOS
L----SCHEDULED AUTOS X HIRED AUTOS
X NON-OWNED AUTOS
2023086897 11/16/1999
GENERAL AGGREGATE $ 2,000, OOC
??.D_ ~?I~.:_??_./~>~C._~ ......... ~. , ~99 ,9o_c
PERSONAL & ADV INJURY $ 1,000, OOC
11/16/2000
EACH OCCURRENCE ~ $ 1 ~ 000,00£
?~ 9. _ _~. ~E_..!~V_ ?2t ?) ...... ~_ .......... 199,
· MED EXP (Anv one peFson) $ ~ ~
COMBINED SINGLE LIMIT $
................................................... ! ,.00o._,09c
BODILY INJURY
$
(Per person)
11/16/2000 ........................................ L ..............................
BODILY INJURY
(Per acodent)
PROPERTY DAMAGE
· GARAGE LLABILFrY
i ANY AUTO
iEXCESS LIABILITY
UMBRELLA FORM
OTHER THAN UMBRELLA FORM
i WORKERS COMPENSATION AND
EMPLOYERS' LIABILITY
THE PROPRIETOR/ II,ICL
PARTNERS/EXECUTIVE
OFFICERS ARE: EXCL
2023086849 11/16/1999 11/16/2000
AUTO ONLY - EA ACCIDENT $
OTHER THAN AUTO ONLY
EACH ACCIDENT
AGGREGATE $
_, ~?_???~_~? ......... $ ....... !_, ~07 ,..O__oc
~__G..~.~_E.. _GA.T_E' .............. $_ ~ ,.1~00_ ,._0._ .O C
wc STATLL i Ol~
[TORY UMITS i ER ~-~:"-'.'~-'~:?~.".:-':'.-~--~--=~--~
EL EACH ACCIDENT !$
EL DISEASE - POLICY LIMIT $
EL DISEASE - EA EMPLOYEE $
(Birectors& OFficers
C ))Liability
75119109399 11/16/1999 11/16/2000
&ggregate $1,000,00,
Each Occurrence $1,000,00,
DE$CRIP~ON OF OPERA~ONS/LOCATION~AtEH~L~ISP~IAL ITEMS
~10 DAYS NOTZCE OF CANCELLATZON ZN THE EVENT OF NONPAYMENT ON GL/AUTO*
~*Pa]m Beach County is named as Additional Znsured**
Fax to: Virginia Farace ~ (561)-742-6381 & Susan Yinger ~ (561)-963-6719
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL
Palm Beach County 30 DAYS WRITrEN NOT~CE TO THE CERTIRCATE HOLDER NAMED TO THE LEFT,
c/o Pa rks & Rec reati on Department SUT FAILURE TO MAIL SUCH NOTICE SHALL iMPOSE NO OBLIGATION OR UABILITY
Attn: Susan Yinger
2700 6th Ave nue o~ ANY KIND UPON THE COMPANY, [TS AGENTS OR REPRESENTATIVES.
]ehn Narti n/RECINA
RISK ~ 561 233 ~
From:
To:
Subject:
Bill Mason
~usan Yinger
Wed. Mar 1, 2000 9:06 AM
Fwd: 1913 Schoolhouse Museum Rood Insurance
Susan Yinger,
Parks & Rec Dept,
Yesterday, I spoke with the Risk Mgr from Boynton about the floocl insurance requirement in the 1913
School House bond funding agreement. Basically, it was explained to me that the subject location sits
approx 20ft above sea level on a hal-like tract of land. As a result, the flood insurance requirment would
seem unreasonable and may be waived as part of the insurance requimment...all other requirements
remain unchanged.
Please al/ach this memo to/he executed agreement when you send it over to Contracts Dev & Control.
Thanks,
M.,,,.. c.cu, -
Palm Beach County Risk Managq(l'~m~_pek} I
CC: Chuck Magazine
TOTIqL P. ~
2700 6th AVenue South
Lake W°rlh, FL 33461
www. co.palm-beach.fl.us
Palm Be~'
Board
Com~
Maude Fo
?
en H. New~
~ch County
County
issioners
'd Lee, Chair
dl, Vice Chairman
[Caren T. Marcus
Carol ~ Roberts
Mary ~cCarty
County ~
Robert
'An Equal
Affirmative At
~ printed o~
Butt AIronson
Tony 14asilotti
ministrator
Weisman
ypormnity
t~on £rnployer~
~ recycled paper
May 11, 2000
Ms. Arleen Dennison, Director
Boynton Cultural Centre, Inc.
208 S. Seacrest Blvd.
Boynton Beach, FL 33435
RE:
Fully Executed Interlocal Agreement for 1913 Schoolhouse Museum
Improvements - 1999 Recreational and Cultural Facilities Bond
Dear Ms. Dennison:
Attached is a fully executed original of the tfi-party Interlocal Agreement for
$1,000,000 from the 1999 Recreational and Cultural Facilities Bond for the funding
of 1913 Schoolhouse Museum Improvements. The Agreement was executed by
the Board of County Commissioners on April !8, 2000. I am also sending an
original of the Agreement to City Manager Kurt Bressner.
Please review the Agreement with appropriate staff to ensure that all requirements
are met for project management before, during, and after construction. The
attached Check Sheet is provided for your convenience as an aid in tracking the
project during the construction phase. Also, a Status Report Form is attached
which should be used for the required quarterly project status reports that are due
on the tenth of January, April, July, and October until project completion. Updated
insurance certificates for the City of Boynton Beach and BCCI should be sent to this
office (Attention: Susan Yinger) upon annual renewals.
We are pleased to be a partner with Boynton Beach and the Boynton Cultural
Centre, Inc., in constructing the improvements to the 1913 Schoolhouse. If you
have any questions about the Agreement or compliance requirements, please
contact Susan Yinger, Contract/Grant Coordinator, at 966-6653.
Sincerely,
Dennis L. Eshleman, Director
Parks and Recreation Department
DLE:SWY
Attachment
Copy to:
Commissioner Warren Newell, District 3
Commissioner Mary McCarty, District 4
Kurt Bressner, Boynton Beach City Manager
Jean Creamer
Bill Wilsher
Central File
BOND PROJECT REVIEW/CHECKSHEET
Project Name
Project Amount
Project Timeframe
Project Liaison
1913 Schoolhouse Museum Improvements
$100,000,000
Agreement executed 4-18-00. Project Construction Term: 3-9-00 to 4-17-03
Arleen Dennison 742-6387
Project Term
30 Years - to 4-17-30
REVIEW OF PLANS, SPECIFICATIONS, AND COSTS - Submit to Palm Beach County Parks and
Recreation Department a copy of:
PLANS OK
SPECIFICATIONS OK
COSTS OK
for review prior to commencement of project construction.
STATUS REPORTS - Submit to Palm Beach County Parks and Recreation
Department on the following dates:
July 10, 2000
October 10, 2000
January 10, 2001
April 10, 2001
July 10, 2001
October 10, 2001
January 10, 2001
April 10, 2001
July 10, 2001
October 10, 2001
January 10, 2002
April 10, 2002
July 10, 2002
October 10,- 2002
January 10, 2003
April 10, 2003
(Request for Project Extension required by January 1Z 2003 if project will not be completed by April 1, 2003)
INSURANCE CERTIFICATES - Provide to Palm Beach County Parks and
Recreation Department as follows (See Page 8, Article 13 of Agreement for limits) ·
LIABILITY - initial certificate must be received prior to commencement of
construction- insurance must remain in effect for the term of the Agreement
with Annual renewal certificates sent to PBC Parks and Recreation Department
(Includes contractual liability and completed operations liability) X (Agency)
PROPERTY INSURANCE - Required upon completion if project contains
enclosed structures-must remain in effect for the term of the Agreement
with annual renewal certificates sentto Parks and Recreation Department.
X (Ci _ty)
BUILDER'S RISK - must be provide prior to beginning of construction
o 4.~
Note -
CERTIFICATION OF PROJECT COMPLETION BY PROJECT ENGINEER -
, Must be provided to Palm Beach County, Parks and Recreation Departmem prior to
:release of f'mal project reimbursement
MARKER IDENTIFYING COUNTY AS FUNDING SOURCE ERECTED -
Must be erected prior to release of f'mal reimbursement - provide photograph.
REIMBURSEMENT REQUESTS - May be submitted on a quarterly basis beginning
on July 10, 2000 See Page 4, Article 3 of Agreement for details.
?reAgreement costs incurred subsequent to 3-9-99 up to $450,000 are eligible for reimbursemem.