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R00-021RESOLUTION NO. R00-.~/ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING STAFF TO APPLY FOR A GRANT FROM THE FLORIDA INLAND NAVIGATION DISTRICT (FIND) IN THE AMOUNT OF $25,000 TO BE UTIILZED FOR PAYMENT OF 90% OF THE CITY'S PORTION OF AN INTERLOCAL AGREEMENT BETWEEN PALM BEACH COUNTY AND THE CITY OF BOYNTON BEACH, FOR THE MAINTENANCE DREDGING TO AN EXISTING CHANNEL FROM BOAT CLUB PARK TO THE BOYNTON INLET; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, FIND provides funding assistance to local govemments within FIND's district to perform waterways improvements projects; and WHEREAS, Palm Beach County and the City of Boynton Beach have entered into an agreement to dredge approximately 1645 cubic yards of sand/shell rrm an existing navigation channel, which channel connects the Boat Club Park ~ublic bat ramp to the Intracoastal Waterway; and WHEREAS, the City Commission of the City of Boynton Beach, upon · ecommendation of staff, deems it to be in the best interests of the citizens of the City of Boynton Beach to authorize and direct staff to apply for a grant from the Florida Inland Navigation Distdct (FIND) in the amount of $25,000 to be utilized for payment of 90% of the City's portion of an Intedocal Agreement between Palm E~each County and the City of Boynton Beach, for the maintenance dredging to an 9xisting channel from Boat Club Park to the Boynton Inlet; and 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 R2000 O542 INTERLOCAL AGREEMENT BETWEEN PALM BEACH COUNTY, THE CITY OF BOYNTON BEACH, AND THE BOYNTON CULTURAL CENTRE, INC., FOR FUNDING OF 1913 SCHOOLHOUSE MUSEUM IMPROVEMENTS APR 1 8 20O0 THIS INTERLOCAL 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 "MUNICIPALITY", and the Boynton Cultural Centre, Inc., a Florida not-for-profit corporation, hereinafter referred to as "AGENCY ". WITNESSETH: WHEREAS, MUNICIPALITY owns property located at 129 East Ocean Avenue in Boynton Beach; and 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 capital 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, construction 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 financing the acquisition, construction, and/or improvements to certain recreation and cultural facilities, in the principal amount of $25 Million; and WHEREAS, on July 27, 1999, COUNTY approved a recreation and cultural facilities project list and proposed funding allocations for the $25 Million Recreation and Cultural Facilities Bond; and WHEREAS, the Project represents one such recreation/cultural project enumerated in the $25 Million Recreation and Cultural Facilities Bond; and WHEREAS, AGENCY 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, Flodda Statutes, permits public agencies to enter into Intedocal 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 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 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 payto AGENCY a total amount notto 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 dudng the design, construction and acquisition of the Project shall be Adeen 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 2 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, Flodda Statutes. ARTICLE 2: DESIGN AND CONSTRUCTION Section 2.01 AGENCY shall be responsible for the design and construction of the Project. AGENCY shall design and construct the Project in accordance with Exhibit "A" (Project Description and Conceptual Site Plan), attached hereto and made a part hereof, and with all applicable federal, state and local laws, rules and regulations. Section 2.02 Prior to or upon execution of this Interlocal Agreement by the parties hereto, AGENCY 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 AGENCY shall provide a copy of the design professional's, engineer's and/or architect's programming phase documents (i.e., 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 Intedocal Agreement. If no comments are received within thirty (30) days the documents will be presumed to be approved. Section 2.04 AGENCY shall be responsible for secudng all permits and approvals necessary to construct the Project. Section 2.05 Pdor to AGENCY commencing construction of the Project, AGENCY 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 Intedocal Agreement. Section 2.06 AGENCY agrees to totally complete the Project and open same to the public for its intended use within thirty six (36) months from the date of execution of this Intedocal Agreement by the parties hereto. Upon notification to the COUNTY at least ninety (90) days prior to that date, AGENCY may request an extension beyond this pedod 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 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 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 ofthis Intedocal Agreement; however, should the need arise for AGENCY to be reimbursed on a more frequent basis, then COUNTY will, at AGE NCY'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 fo rms 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, AGENCY's ProjectAdministrator 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 verify 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 Bond 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 COUNTY shall not be required to pay AGENCY any additional funds for any other capital improvement required by or of AGENCY. Section 4.02 AGENCY hereby warrants and represents that it has full legal authority and financial 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. Section 4.03 AGENCY 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. AGENCY shall maintain the Project in accordance with industry standards for such facilities to prevent undue deterioration and to encourage public use. Section 4.04 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. MUNICl PALITY and AGENCY may not assign this Intedocal Agreement or any interest 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 the 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 govemmental entity that agrees to assume, in wdting, AGENCY's obligations hereunder, COUNTY retains the right to reimbursement from AGENCY for its participation to the full extent 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 Intedocal Agreement, MUNICIPALITY and AGENCY shall continue to be responsible for the liabilities and obligations as set forth herein. Further, MUNICIPALITY and AGENCY shall not transfer management of the Project to a third party without the wdtten 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 period of thirty (30) years commencing upon the date of execution of this Intedocal Agreement by the parties hereto. MUNICIPALITY and AGENCY shall restdct its use of the Project to recreational, cultural, civic, educational, community and. social purposes only unless otherwise agreed to in wdting 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 6: 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 dudng 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: City Manager City of Boynton Beach City Hall 100 East Boynton Beach Boulevard Boynton Beach, FI 33435 As to AGENCY: Director Boynton Cultural Centre, Inc. 1913 Schoolhouse Museum 129 East Ocean Avenue Boynton Beach, FI 33435 ARTICLE 8: TERMINATION FOR NON-COMPLIANCE The COUNTY may terminate this Interlocal Agreement upon written notice to MUNICIPALITY and AGENCY for non-compliance by MUNICIPALITY and/or AGENCY in the performance of any of the terms and conditions as set forth herein and where- MUNICIPALITY and/or AGENCY does not cure said non-compliance within ninety (90) days of receipt of written notice from the COUNTY to do so. Further, if MUNICIPALITY and/or AGENCY does not cure said non-compliance within the time frame specified above, then upon written notice, the COUNTY may require AGENCY to reimburse any funds provided to AGENCY pursuant to this Interlocal Agreement either in whole or in part once the COUNTY has reasonably determined that no other remedy is available. The AGENCY is not responsible for acts or omissions of the MUNICIPALITY. ARTICLE 9: REMEDIES This Interlocal Agreement shall be governed by the laws of the State of Florida. Any and all 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 action s 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 AGENCY shall indemnify, defend, and hold harmless COUNTY against any actions, claims, or damages arising out of AGENCY's negligence in connection with this Intedocal 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 dght to sovereign immunity as provided by Section 768.28, Flodda 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, Flodda 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 insurance for adequate limits based on the MUNICIPALITY and AGENCY'S replacement cost or probable maximum loss estimates for the perils of either fire, wind, or flood. MUNICIPALITY and AGENCY shall agree to be fully responsible for any deductible or self- insured retention. The MUNICIPALITY and AGENCY 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 MUNICIPALITY and AGENCY 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 have no substantive meaning. ARTICLE 14: SEVERABILITY If any term or provision of this Intedocal Agreement, or the application thereof to any person or circumstance, shall to any extent be held invalid or unenforceable, the remainder of this Intedocal 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 I nteriocal Agreement shall be deemed valid and enforceable to the extent permitted by law. ARTICLE 15: ENTIRETY OF AGREEMENT This Interlocal Agreement represents the entire understanding between the COUNTY, MUNICIPALITY, and AGENCY, and supersedes all other negotiations, representations 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. IN WITNESS WHEREOF, the parties have caused this Interlocal Agreement to be executed on the day and year first above written. RZOOO 0542 ATTEST: ..-.--~'~;~-~'-"'~'"',~ALM BEACH COUNTY, FLORIDA BY ITS CL~-/~k?-*--:-*...q~~ OF COUNW cOaa~SS~ONE~S DOROTHY H. WlLKEN, . .~:* ,-,.' -' -'-",,...* ...:~ ~ ~UUUNTY :o3 · Clerk Deoutv ~o:. _ .:_--~ Chair ,,,,,,?,..~.. ..... ~ ....... ;;~-~.__ ATTEST: ',,,,,,,, w,,,,,.,..~.....~;I I Y ut- BOYNTON BEACH WITNESSES: BOYNTON CULTURAL CENTRE, INC. Tax I.D. # _~~ ~. ~ By: JoanDuBois APPROVED AS TO FORM AND LEGAL SUFFICIENCY County Attorney Name (Type or Print) Title: Chairman APPROVED AS TO FORM AND LEGAL SUFFICIENCY Municipalityj A~o% - J/ APPROV.IE~,~ ~ T(~;YFORM AND LEGAL ~ I~I:~IE~CY By: ,~11i 1111/~ ~g~l ~Omey 10 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 Pta-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. PROJECT 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 inst~l~tion 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 farming~ 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 o 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, sectioning 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. BOYNTOit BEACH Iql~ OL.D .~.._HgOL.. i'4'10~::~'Uivi omm EXHIBIT B LEGAL DESCRIPTION OF PROPERTY EXHIBIT B ..... LEGAL DESCRIPTION OF PROPERTY Property Address Legal Description Property Zoning OvFner 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 Fl] W 9.95 FT IF N 68.50 FT & 20 FT Public Usage City of Boynton Beach EXHIBIT C CONTRACT PAYMENT REQUEST FORM AND CONTRACTUAL SERVICES PURCHASE SCHEDULE FORM PALM BEACH COUNTY PARKS AND RECREATION DEPARTMENT CONTRACT PAYMENT REQUEST EXHIBIT C. Grantee (Project) Request Date Billing # Billing Period Item Consulting Services Contractual Services Materials, Supplies, Direct Purchases Grantee Stock Equipment, Furniture 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 certi~ 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 Zl,/~ ~<z< 0 EXHIBIT D PROJECT COST ESTIMATE AND PRE-AGREEMENT -COST LIST Note: Costs must be for eligible project expenses incurred subsequent to March 9, 1999 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. Museum 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 parties 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 $500,000.00 of the above budget be available as Pre-Agreement Costs, so this project can get underway. Dar:o: (~3/17/00 Time: 11:29 ~ I"o: Susan Y£nger ! 1-561-963-6'/19 Page: 001-001 ~ (561)278-0448 .FAX (561) 278-2391 ~THIS CERTIFICATE I$ L.~UED A~'A MATTER OF INFORMATION ~eek. es & Ca1 lawav. Inc o ~ONLYAND CONFERS _.NO RIGHT8 UPON THE CERTIFICATE · ' ' ~HOLDER. THIS CERTIFICATE DOE8 NOT AMEND, EXTEND OR · . O. Box [460 ~ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. )e'l ray Beach, FL 33447-1460 COMPANIES AFFORDING COVERAGE COMPA~Y Transcontinental Ins Co ~ttll: Ext: A NSUR~O Boynton Cultural Centre Inc. COmPaNY Transportation Ins Co ' B 1913 Schoolhouse Museum 208 South Seacrest Boulevard c¢,,~P~¥ C Boynton Beach, FL 33435-4452 COMPANY f D THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAU ED 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. I CO I TYPE OF INSURANCE POLICY NUMBER POLICY EFFEC11VE .TR ! ; DATE GENERAL LIABILITY ~ CL~S~,t,~ i X 0ccce 2023086804 ~ 11/16/1999 ~ & CONTP, ACTOR*S PRPT AUTOMOBILE LIABIMTY ANY AUTO ALL OWNED AUTOS SCHEOU_EO ~uTos 2023086897 2023086849 11/16/1999 11/16/1999 POLICY EXPIRA"flON DATE (MM/DO/YY) UMIT$ ~ AGC~EG~ i $ 2,000,00C ~ F~c~CX3LK~TS ' CC)fa°lOP AGG I$ 2,000,00C ~ & *DV,~U~Y S 1,000,00~ 11/16/2000 ~CH~C~E I $ 1,O00,oOc ~ ~ ~ ~ ~ml ~ 5 ~ 00~ C~O ~E U~T ~LY IN~Y 11/10/2000. -- (P~ ~ci~) $ PRO~RTY DAMAGE AUTO ONLY - EA ACC1DF_NT $ _.o_ .~_~. _.m~_...~_ ?_ _~_~ ..... ~ AC*G~EGATE $ 1., 000, OOC s 1,opo,oo_c C rectors & OFficers Liability 75119109399 11/16/1999 11/16/2000 ,~-a~EC~m L$ WC STATU- I OTH- I' I TORYU~TS [ ER ~- -_- _ _ / EL D~SEASE - POUCY UMIT' j EL EX SEASE - EA Ebfq. OYEE I $ Aggregate $1,000 Each Occurrence 11/16/2000. 10 DAYS NOTICE OF CANCELLATION IN THE EVENT OF NONPAYMENT ON GL/AUTO* *Palm Beach County is named as Additional Insured** ax to: V~rg~n~a Farace @ (561)-742-6381 & Susan Yinger @ (561)-963-6719 SHOULD ANY OF THE ABOVE DESCRIBED POUCE$ BE CANCEU_EO BEFO~ THE Palm Beach County c/o Parks & Recreation Department Attn: Susan Yinger 2700 6th Avenue EXPIRRTIOfl DATE 1T'IEREOF, ~ ISSL,qNG COMPANY ~ ENDEAVOR TO MA/~ 30 o,~YS WRfTTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. BUT F~J(.URE 1'(3 kLML SUCH NOTICE ~4-4RI.L. IMPOSE NO O~IUGAllON OR UABKJTY OF ANY KINO UPON THE COMPANY, ITS &GENT~ OR REPRESENTKIlVES. To: Sub~er.~: Bill Mason Susan Yinger Wed, Mar 1, 2000 9:06 AM Fwd; 1913 Schoolhouse Museum Flood Insurance Susan Yinger, Parks & Rec Oept, Yesterday, i spok~ with the Risk Mgr from Boynton about the flood [nsumnce requirement In the 1913 School House bond funding agreement. Basically, it was explained to me that the subject location sits approx 20ff above sea level on a hill-likelmct of land. As a resu~ the flood insurance requirrnent would seem unreasonable and may be waned as part of the insurance requimment_....all other requirements remain unchanged. Please attach this memo to the executed agreement when you send it over to Conflacts Dev & Control. Thanks, Bi;I Mason, CPCU, ARM /'~ Palm Beach County Risk Manag~l~en~_De~ of ce: ssl- 2 I 1 Email: b~t~o, paim-t~ch.~.~g Chuck Magazine TOTAL, P.82.