R24-156 RESOLUTION NO. R24-156
2
3 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON
4 BEACH, FLORIDA,APPROVING AN AGREEMENT WITH KAISER CONSULTING
5 GROUP LLC AND ENERCON FOR GOPHER TORTOISE RECIPIENT SITE
6 PERMITTING AND DELIVERY TO THE RECIPIENT SITE FOR AN AMOUNT OF
7 $72,000; PROVIDING AN EFFECTIVE DATE;AND FOR ALL OTHER PURPOSES.
8
9 WHEREAS, the City needs to relocate 12 Gopher Tortoises from the East Water Treatment
10 Plant to prevent undermining of infrastructure on site and to allow activities related to planning
l 1 for the future of the East Water Plant; and
12 WHEREAS, Kaiser Consulting Group, LLC is the owner of the only site in this area willing
13 to accept the relocation of more than 10 Gopher Tortoises; and
14 WHEREAS, the total cost for the Gopher Tortoise receiving site is $72,000; and
15 WHEREAS, the City Commission, upon recommendation of staff, has deemed it to be in
16 the best interests of the citizens and residents of the City to approve an Agreement with Kaiser
17 Consulting Group, LLC and Enercon for Gopher Tortoise Recipient Site Permitting and Delivery to
18 Recipient Site for an amount of $72,000.
19
20 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON
21 BEACH, FLORIDA, THAT:
22 SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
23 being true and correct and are hereby made a specific part of this Resolution upon adoption.
24 SECTION 2. The City Commission of the City of Boynton Beach, Florida, does hereby
25 approve a Consulting Agreement between Kaiser Consulting Group, LLC, Enercon, and the City for
26 Gopher Tortoise Recipient Site Permitting and Delivery to Recipient Site for an amount of$72,000
27 (the "Agreement"), in form and substance similar to that attached as "Exhibit A."
28 SECTION 3. The City Commission of the City of Boynton Beach, Florida, hereby
29 authorizes the City Manager to execute the Agreement and such other related documents as may
30 be necessary to accomplish the purpose of this Resolution.
31 SECTION 4. One fully-executed original of the Agreement shall be retained by the City
32 Clerk as a public record of the City. A copy of the fully-executed Agreement shall be provided to
33 Bryan Heller and Poonam Kalkat to forward to the Consultants.
34 SECTION 5. This Resolution shall take effect in accordance with law.
35
36 PASSED AND ADOPTED this 16th day of July 2024.
37 CITY OF BOYNTON BEACH, FLORIDA
38 YES NO
39 Mayor-Ty Penserga -N:4161 k'
40
41 Vice Mayor-Aimee Kelley ✓
42
43 Commissioner-Angela Cruz
44
45 Commissioner-Woodrow L. Hay
46
47 Commissioner-Thomas Turkin
48
49 VOTE
5A ► E�
511
52 L � !_
•
53 Maylee lJesus, MP MMC Ty Pense •-
54 City Cl-r Mayo
55 l
56 APPROVED AS TO FORM:
57 (Corporate Seal) ' /f
58
59 #76
60 Shawna G. Lamb
61 City Attorney
KAISER CONSULTING GROUP
June 26, 2024
Kaiser Consulting Group, LLC.
931 S. Ridgewood Avenue, Suite B3
Edgewater, FL 32132
Hereinafter referred to as KCG
AND
Enercon
11631 Kew Gardens Ave. Suite 100
Palm Beach Gardens, FL 33410
Hereinafter referred to as CONSULTANT
AND
City of Boynton Beach
124 E. Woolbright Road
Boynton Beach, FL 33435
Hereinafter referred to as CLIENT
Re: Gopher Tortoise Recipient Site Permitting
124 E.Woolbright Rd.- Palm Beach County
We appreciate the opportunity to assist CONSULTANT with the coordination of the
recipient site permitting for the above-mentioned project. The following agreement is
valid for 30 days and are agreed to:
1. Gopher Tortoise Recipient Site Permitting — The CONSULTANT will prepare
and submit a Conservation Permit or a 10 or Fewer Burrows Permit application;
whereas, KCG will provide the required recipient site documentation, density
information, and other required exhibits for the CONSULTANT's use to complete
an application suitable for submission to the FWC. The CONSULTANT will
provide a copy of the permit application, approved permit, and completion report to
KCG.The population targeted for relocation totals 12 tortoises. At the execution of
this agreement, CLIENT will remit a pre-payment of $72,000.00 cu. tortoise
capacity times $6,000.00 per adult tortoise).
2. Delivery to Recipient Site — Prior to transport of tortoises, the CONSULTANT
will provide KCG with a copy of the relocation permit signed by the permittee with
a minimum notice of 24-hours prior to commencement. Upon completion of the
on-site excavation KCG will pick up and deliver the gopher tortoises to the
recipient site with a completion report showing the number of tortoises, markings,
etc. that will be presented and approved by both KCG and CONSULTANT
3. Payment - At the execution of this agreement, it is the CONSULTANT's
responsibility to request all necessary documentation from KCG, such as,
workman's compensation, COI, W-9, etc. prior to relocation. Withholding payment
931 S.Ridgewood Avenue,Suite B3,Edgewater,FL 32132
386.478.8022 office 386.426.8820 fax mwilson®kaiserconsultinggroup.com
due to lack of any documentation will result in a Breach of Contract (see section 7).
Upon completion of the project or phase of the project, the CLIENT will be
invoiced for the actual number of tortoises ($6,000.00 per the actual number of
tortoises with a carapace of 130mm and greater(to include the category of sub-adult
tortoise with a carapace of between 130mm and 219mm); $3,000.00 per tortoise
times the actual number of juvenile tortoises with a carapace of 129mm or less;
tortoises with a carapace of 59mm and less, there will be no acceptance fee charged
for those tortoises relocated. At the end of the project, if the number of tortoises
relocated is less than 12, KCG will refund the excess of the prepaid balance held by
KCG after the final FWC After Action Report has been completed, finalized and
approved by FWC which completes/voids the permit. If actual number of tortoises
exceeds the 12 tortoise count, CONSULTANT will be responsible for amending
the permit and entering into a separate Agreement for the additional number of
tortoises. The acceptance fee includes all recipient site costs including recipient site
surveying, starter burrows, silt fencing/hay bailing, and recurring maintenance and
monitoring as required by current FWC guidelines. The agreed upon tortoise fees
are valid for the duration of the permit for up to one (1) year from date of initial
permit issuance. Subsequent permits and agreements are subject to change.
4. Additional Fees—Failure to abide by FWC guidelines and regulations that result in
KCG relocation during a Saturday, Sunday or a day that has been recognized as a
public or legal holiday will incur an additional fee of$500.00 per tortoise relocated.
This is the responsibility of the CONSULTANT to provide a minimum of a 24-
hour notice of commencement to KCG prior to relocation of tortoises to avoid such
occurrence.
5. Maintenance Fees — Failure to fulfill relocations on permitted tortoises within 3
months of issued FWC permit, KCG will assess a 5% maintenance fee with an
invoice or against your deposit on any tortoises not relocated. Maintenance fee will
be assessed every 3 months until the issued FWC permit is either closed or expired.
6. Permit Conditions/Extensions/Expirations — KCG reserves the right to grant or
decline permit amendments and/or extensions. If there is a modification to an
application or extension of the permit, there may be additional cost associated with
having to comply with changes to FWC regulations implemented since the date of
this agreement. At the expiration of the agreement and permit, if a permit extension
is required, KCG may reevaluate the fees and increase said fees to the limit of the
current cost at the recipient site. As such, this Agreement supersedes all prior and
contemporaneous agreements, representations and understandings by all parties.
7. Breach of Contract — If payments have not been conveyed to KCG by the
CLIENT within the stipulated timeframe for the received gopher tortoises, this will
constitute a breach of Agreement. Therefore, KCG reserves the right to refuse any
additional tortoises until full payment has been made. In addition to, the
CONSULTANT may also be denied future reservations due to lack of payment.
8. Additional Terms.
a. Sovereign Immunity. Except to the extent sovereign immunity may be
deemed waived by entering into this Agreement, nothing herein is
intended to serve as a waiver of sovereign immunity by CLIENT nor shall
931 S.Ridgewood Avenue,Suite B3,Edgewater,FL 32132
386.478.8022 office 386.426 8820 fax mwilson@kaiserconsultinggroup.com
anything included herein be construed as consent by CLIENT to be sued
by third parties in any matter arising out of this Agreement.
b. Discriminatory Contractor and Scrutinized Companies Lists;
Countries of Concern. KCG represents that it has not been placed on the
"discriminatory Contractor list" as provided in Section 287.134, Florida
Statutes, and that it is not a "scrutinized company" pursuant to
Sections 215.473 or 215.4725, Florida Statutes. KCG represents and
certifies that it is not, and for the duration of the Term will not be,
ineligible to contract with CLIENT on any of the grounds stated in
Section 287.135, Florida Statutes. KCG represents that it is, and for the
duration of the Term will remain, in compliance with Section 286.101,
Florida Statutes.
c. Public Entity Crimes Act. KCG represents that it is familiar with the
requirements and prohibitions under the Public Entity Crime Act,
Section 287.133, Florida Statutes, and represents that its entry into this
Agreement will not violate that Act. KCG further represents that there has
been no determination that it committed a"public entity crime" as defined
by Section 287.133, Florida Statutes, and that it has not been formally
charged with committing an act defined as a "public entity crime"
regardless of the amount of money involved or whether KCG has been
placed on the convicted vendor list.
d. Anti-Human Trafficking. On or before the Effective Date of this
Agreement, KCG shall provide CLIENT with an affidavit attesting that
the KCG does not use coercion for labor or services, in accordance with
Section 787.06(13), Florida Statutes.
931 S. Ridgewood Avenue,Suite B3,Edgewater,FL 32132
386.478.8022 office 386.426.8820 fax mwilson@kaiserconsultinggroup.com
Re: 124 E.Woolbright Rd.
Agreed and Signed by the parties:
Kaiser Consulting Group,LLC.
6/26/24
J Michael Wilson, Managing Member Date
Kaiser Consulting Group, LLC
Enercon
...trogo r
July 2, 2024
Authorized Signature Date
Greg Juszli,Natural Resources Lead
Printed Name, Title
City of Boynton Beach
n11404
Authoriz-d Signature j Date
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Daniel Du!ler Cit Mana!er 0 ..��eoRArF•0. I 11 ii
Printed Name, Title f ?`' L `C . '�
EA
i U: ORATED
CITY ATTORNEY'S OFFICE ��� ';\N0ORP 0 $
42
Appro as to form d 1 ty 'I ' ,.•P i
931 S. Ridgewood Avenue,Suite B3,Edgewater,FL 32132
386.478.8022 office 386.426.8820 fax mwilsonkaiserconsultinggroup.com