R25-123 RESOLUTION NO. R25-123
2
3 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON
4 BEACH, FLORIDA, AWARDING REQUEST FOR PROPOSALS NO.
5 PLDEV25-011 R FOR COMPREHENSIVE PLAN REVIEW PROFESSIONAL
6 SERVICES TO CHEN MOORE AND ASSOCIATES, INC., AND APPROVING
7 AN AGREEMENT BETWEEN CHEN MOORE AND ASSOCIATES, INC.
8 AND THE CITY IN AN AMOUNT OF $148,000.00; AND FOR ALL OTHER
9 PURPOSES.
10
11 WHEREAS, the City issued a Request for Proposals ("RFP") to solicit a firm to provide
12 Comprehensive Plan Review Professional Services; and
13 WHEREAS, after shortlisting the top three scoring proposal packages, and witnessing
14 presentations from the top three ranked firms: Chen Moore and Associates, Inc., Kimley-Horn and
15 Associates, Inc., and Calvin, Giordano & Associates, Inc., the evaluation committee decided to
16 eliminate Calvin, Giordano & Associates, Inc., from consideration and proceed with ranking Chen
17 Moore and Associates, Inc., as the top firm, and ranking Kimley-Horn and Associates, Inc., as
18 second; and
10 WHEREAS, on March 18, 2025, pursuant to Resolution No. R25-065, the City Commission
20 authorized staff to initiate contract negotiations with Chen Moore and Associates, Inc., and after
21 negotiations on April 23, 2025, reached a revised proposal that was determined to be fair,
22 competitive, and reasonable; and
23 WHEREAS, upon the recommendation of staff, the City Commission has deemed it in the
24 best interests of the City's citizens and residents to approve awarding RFP No. PLDEV25-011 R for
25 Comprehensive Plan Review Professional Services to Chen Moore and Associates, Inc., and
26 approving an Agreement between Chen Moore and Associates, Inc., and the City in the amount
27 of $148,000.00.
28
29 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON
30 BEACH, FLORIDA, THAT:
31 SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
32 being true and correct and are hereby made a specific part of this Resolution upon adoption.
33 SECTION 2. The City Commission of the City of Boynton Beach, Florida, does hereby
34 award RFP No. PLDEV25-011 R for Comprehensive Plan Review Professional Services to Chen
35 Moore and Associates, Inc.
36 SECTION 3. The City Commission of the City of Boynton Beach, Florida, does hereby
37 approve an Agreement between Chen Moore and Associates, Inc., and the City for RFP No.
38 PLDEV25-011 R for Comprehensive Plan Review Professional Services in the amount of
39 $148,000.00 (the "Agreement"), in form and substance similar to that attached as Exhibit A.
40 SECTION 4. The City Commission of the City of Boynton Beach, Florida, hereby
41 authorizes the Mayor to execute the Agreement. The Mayor is further authorized to execute any
42 ancillary documents required under the Agreement or necessary to accomplish the purposes of
43 the Agreement, including any term extensions as provided in the Agreement, provided such
44 documents do not modify the financial terms or material terms.
45 SECTION 5. This Resolution shall take effect in accordance with the law.
46
47
48
49 [SIGNATURES ON THE FOLLOWING PAGE]
50
51 PASSED AND ADOPTED this day of 2025.
52 CITY OF BOYNTON BEACH, FLORIDA
53 YES NO
54 Mayor- Rebecca Shelton f
55
. ---
56
56 Vice Mayor-Woodrow L. Hay
57 i.
58 Commissioner-Angela Cruz
59
60 Commissioner-Thomas Turkin
61
62 Commissioner-Aimee Kelley
63
64 VOTE
65 ATT :
66 At(___
67 / .:r _,
68 Maylee P1esus, MPA MC Rebecca Shelton
69 City CI•r Mayor
70
71 �F BOYNT0\ APPROVED AS TO FORM:
72 (Corporate Seal) :• �oRPOR�•
SEAL _'� ,, i0,,,,i
73 A.,,,,,A 2
74 i �INCORPpRArFD
75 Si • 1920 Shawna G. Lamb
I
76 t.' F •
, •••• ' City Attorney
AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH
AND
CHEN MOORE & ASSOCIATES, INC.
COMPREHENSIVE PLAN REVIEW PROFESSIONAL SERVICES
THIS AGREEMENT is entered into by and between the CITY OF BOYNTON BEACH, a
municipal corporation organized and existing under the laws of Florida, with a business address
of 100 East Ocean Ave., Boynton Beach, FL 33435, hereinafter referred to as "City," and CHEN
MOORE & ASSOCIATES, INC., a Florida Corporation, with a business address of 500 West
Cypress Creek Road, Suite 600, Ft. Lauderdale, Florida 33309, hereinafter referred to as the
"Consultant," each a "Party" and collectively the "Parties."
WHEREAS the City issued Request for Proposals No. 25 PLDEV-011R (the "RFP")
pursuant to state and local law to solicit proposals for Comprehensive Plan Review Professional
Services (the "Services"); and
WHEREAS Consultant responded to the RFP by submitting its Proposal dated January
27, 2025 (the "Proposal"), and
WHEREAS the City established an evaluation committee, reviewed all proposal
responses, and scored the proposals in accordance with the criteria outlined in the RFP; and
WHEREAS the City selected the Consultant as the best qualified to perform the Services;
and
WHEREAS the City desires to engage Consultant to provide such services to the City
according to the terms and subject to the conditions set forth in this Agreement.
NOW, THEREFORE, City and Consultant, in consideration of the mutual covenants and
promises as hereinafter set forth and of the faithful performance of such covenants and
conditions, the City and Consultant do hereby agree as follows:
ARTICLE 1. SCOPE OF SERVICES.
Consultant shall provide all labor, materials, equipment, services, and incidentals necessary to
fulfill the type of services and tasks and provide all deliverables described in the Scope of
Services, Deliverables, Schedule, and Fees attached hereto as Exhibit A (which services are
hereinafter referred to as the "Services"). The Services are broken up into "Tasks," as Exhibit A
describes. The terms and conditions of RFP PLDEV 25-011R and Consultant's proposal are
expressly incorporated into this Agreement by reference. Any conflict or discrepancy between
the terms of this Agreement, RFP No. PLDEV 25-011R, and Consultant's proposal, shall be
resolved pursuant to the following order of precedence (1) this Agreement, (2) Request for
Proposal No. PLDEV25-011 R, and 3. Consultant's proposal.
ARTICLE 2. TERM
a. Commencement of Work and Project Timeline. Services under this Agreement shall
commence upon the City giving written notice to the Consultant to proceed and shall
continue until the completion of all Services. Consultant shall perform and provide each
Task and deliverable required by this Agreement in accordance with the timelines set
forth in Exhibit A, with a commitment to deliver the entire plan by January 31, 2026.
Time is of the essence for the Consultant's performance of the duties, obligations, and
responsibilities required by this Agreement.
b. Delays; Untimely Performance.
i. Delays; No Fault of Consultant. If Consultant is unable to timely complete all or
any portion of the Services because of delays resulting from untimely review by
the City or other governmental agencies having jurisdiction over the project and
such delays are not the fault of Consultant, or because of delays caused by
factors outside the control of Consultant, the City shall grant a reasonable
extension of time for completion of the Services. It shall be the responsibility of
the Consultant to notify the City in writing whenever a delay in approval by a
governmental agency is anticipated or experienced and whenever a delay has
been caused by factors outside of the Consultant's control and to inform the
City of all facts and details related to the delay. Consultant must provide such
written notice to the City within three (3) business days after the occurrence of
the event causing the delay.
ii. Delays Due to Consultant. If the Consultant fails to substantially complete the
Services in whole or in part on or before the date established for each Task, the
Consultant shall pay the City its proportional share of any claim for damages
arising out of the delay. This section shall not affect either Party's
indemnification rights or obligations otherwise outlined in this Agreement.
ARTICLE 3. COMPENSATION.
a. Compensation. As compensation for Services rendered by the Consultant to the City
for the faithful performance of the Contract, in lawful money of the United States of
America as provided in the Fee Schedule per Task in Exhibit A. Fees shall be invoiced
on a per-task basis after conclusion of all work associated with the applicable Task,
delivery of appropriate deliverables, and written approval by the Director of Planning
and Development or designee. The Fees as agreed upon shall be the sole
compensation paid to the Consultant in connection with the performance of Services.
b. Subconsultant Fees. The Consultant shall bill the City for subconsultant fees with no
markup and within any applicable maximum not-to-exceed amount.
ARTICLE 4. NOTICES. All Notices to the City shall be in writing by certified mail return receipt
requested, or customarily used overnight transmission with proof of delivery, sent to:
City: Daniel Dugger, City Manager
City of Boynton Beach
P.O. Box 310
Boynton Beach, Florida 33425
Telephone: (561) 742-6010 / Facsimile: (561) 742-6090
Copy: Shawna G. Lamb, City Attorney
City of Boynton Beach
P.O. Box 310
Boynton Beach, Florida 33425
Telephone: (561) 742-6010 / Facsimile: (561) 742-6090
Consultant:
Telephone:
Email:
ARTICLE 5. INVOICES AND PAYMENT. Invoices must identify the PO number, the Task
completed, and should be mailed to:
Boynton Beach Finance Department
Attn: Accounts Payable
P.O. Box 310
Boynton Beach, FL 33425
Invoices shall show the nature of the service and the dates of service. Invoices may be submitted
after such services are performed and approved by the Director of Planning and Development
or designee, and such written approval shall accompany any invoice submitted for payment;
however, all services rendered before September 30th of any given year must be invoiced by
September 30th of that year.
The fee shall be paid based on receipt of a proper invoice. Payment will be made within 45 days
of receipt of a proper invoice in accordance with the Local Government Prompt Payment Act,
Section 218.70, et al., Florida Statutes. No payment made under this Agreement shall be
conclusive evidence of the performance of this Agreement by Consultant, either wholly or in part,
and no payment shall be construed to be an acceptance of or to relieve Consultant of liability for
the defective, faulty, or incomplete rendition of the Services.
ARTICLE 6. TAX EXEMPT. Prices applicable to the City do not include applicable state and
local sales, use, and related taxes. The City is exempt from state and local sales and use taxes
and shall not be invoiced for the same. The City will provide the Consultant with proof of tax-
exempt status upon request.
ARTICLE 7. SOVEREIGN IMMUNITY. Nothing contained in this Agreement nor contained
herein shall be considered nor construed to waive the City's rights and immunities under the
common law or section 768.28, Florida Statutes, as may be amended.
ARTICLE 8. ATTORNEY'S FEES. If either Party brings suit to enforce the Agreement, each
Party shall bear its own attorney's fees and court costs.
ARTICLE 9. PUBLIC RECORDS. The City is a public agency subject to Chapter 119, Florida
Statutes. The Consultant shall comply with Florida's Public Records Law. Specifically, the
Consultant shall:
a. Keep and maintain public records required by the city to perform the service when
utilizing non-City-owned equipment.
b. Upon request from the City's custodian of public records, provide the City with a copy
of the requested records or allow the records to be inspected or copied within a
reasonable time at a cost that does not exceed the cost provided in Chapter 119, Fla.
Stat., or as otherwise provided by law.
c. Ensure that public records that are exempt or that are confidential and exempt from
public record disclosure requirements are not disclosed except as authorized by law
for the duration of the contract term and, following completion of the contract,
Consultant shall destroy all copies of such confidential and exempt records remaining
in its possession once the Consultant transfers the records in its possession to the
City; and
d. Upon completion of the contract, Consultant shall transfer to the City, at no cost to the
City, all public records in Consultant's possession. All records stored electronically by
the Consultant must be provided to the City, upon request from the City's custodian of
public records, in a format compatible with the City's information technology systems.
IF THE CONSULTANT HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONSULTANT'S DUTY TO PROVIDE PUBLIC RECORDS RELATING
TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC
RECORDS:
CITY CLERK OFFICE
100 E. OCEAN AVENUE
BOYNTON BEACH, FLORIDA, 33435
561-742-6060
CityClerk(a�bbfl.us
ARTICLE 10. DISCRIMINATORY VENDOR AND SCRUTINIZED COMPANIES LISTS;
COUNTRIES OF CONCERN. Consultant represents that it has not been placed on the
"discriminatory vendor 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. Consultant
represents and certifies that it is not, and for the duration of the Term, will not be, ineligible to
contract with City on any of the grounds stated in Section 287.135, Florida Statutes.
ARTICLE 11. E-VERIFY. Consultant shall comply with Section 448.095, Fla. Stat., "Employment
Eligibility," including registering and using the E-Verify system to verify the work authorization
status of employees. Failure to comply with Section 448.095, Fla. Stat. shall result in termination
of this Agreement. Any challenge to termination under this provision must be filed in the Circuit
Court no later than 20 calendar days after the termination date. If this Agreement is terminated
for a violation of the statute by Consultant, Consultant may not be awarded a public contract for
one (1) year after the date of termination.
ARTICLE 12. ENTITIES OF FOREIGN CONCERN. The provisions of this section apply only if
Consultant or any subconsultant will have access to an individual's personal identifying
information under this Agreement. Consultant represents and certifies: (i) Consultant is not
owned by the government of a foreign country of concern; (ii)the government of a foreign country
of concern does not have a controlling interest in Consultant; and (iii) Consultant is not organized
under the laws of and does not have its principal place of business in, a foreign country of
concern. On or before the effective date of this Agreement, Consultant and any subconsultant
that will have access to personal identifying information shall submit to City executed affidavit(s)
under penalty of perjury, in a form approved by City attesting that the entity does not meet any
of the criteria in Section 287.138(2), Florida Statutes. Compliance with the requirements of this
section is included in the requirements of a proper invoice for purposes of Article 5. Terms used
in this section that are not otherwise defined in this Agreement shall have the meanings ascribed
to such terms in Section 287.138, Florida Statutes.
ARTICLE 13. ANTI-HUMAN TRAFFICKING. On or before the effective date of this Agreement,
Consultant shall provide City with an affidavit attesting that the Consultant does not use coercion
for labor or services, in accordance with Section 787.06(13), Florida Statutes.
ARTICLE 14. COUNTRIES OF CONCERN. The Consultant represents that it is and will remain
in compliance with Section 286.101. Florida Statutes, for the duration of the term.
ARTICLE 15. PUBLIC ENTITY CRIME ACT. Consultant 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. Consultant
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 Consultant has been placed on the convicted vendor list.
ARTICLE 16. CONTINGENCY FEE. Consultant represents and warrants that it has not
employed or retained any person or entity, other than a bona fide employee working solely for
Consultant, to solicit or secure this Agreement and that it has not paid or agreed to pay any
person or entity, other than a bona fide employee working solely for Consultant, any fee,
commission, percentage, gift, or other consideration contingent upon or resulting from the award
or making of this Agreement. If this Agreement is subject to Section 287.055, Florida Statutes,
the Parties agree and stipulate that the statutory language stated in Section 287.055(6)(a),
Florida Statutes, is deemed included and fully incorporated herein.
ARTICLE 17. TRUTH-IN-NEGOTIATION REPRESENTATION. Consultant's compensation
under this Agreement is based upon its representations to the City. Consultant certifies that the
wage rates, factual unit costs, and other information supplied to substantiate Consultant's
compensation, including, without limitation, in the negotiation of this Agreement, are accurate,
complete, and current as of the date Consultant executes this Agreement. Consultant's
compensation may be reduced by the City, in its sole discretion, to correct any inaccurate,
incomplete, or noncurrent information provided to the City as the basis for Consultant's
compensation in this Agreement.
ARTICLE 18. DULY LICENSED. Consultant represents that it is duly licensed to perform the
Services under this Agreement and will continue to maintain all licenses and approvals required
to conduct its business.
ARTICLE 19. FORCE MAJEURE. If the performance of this Agreement, or any obligation
hereunder, is prevented by reason of hurricane, earthquake, or other casualty caused by nature,
epidemic, pandemic, or other public health emergency, or by labor strike, war, or by a law, order,
proclamation, regulation, ordinance of any governmental agency (collectively, "Force Majeure
Event"), the Party so affected, upon giving prompt notice to the other Party, shall be excused
from such performance to the extent of such prevention, provided that the affected Party shall
first have taken reasonable steps to avoid and remove such cause of non-performance and shall
continue to take reasonable steps to avoid and remove such cause, and shall promptly notify
the other Party in writing and resume performance hereunder whenever such causes are
removed; provided, however, that if such inability to perform due to the Force Majeure Event
exceeds sixty (60) consecutive days, the Party that was not prevented from performance by the
Force Majeure Event has the right to terminate this Agreement upon written notice to the other
Party. This section shall not supersede or preclude the exercise of any right either Party may
otherwise have to terminate this Agreement.
ARTICLE 20. DISPUTES. Any disputes that arise between the parties regarding the
performance of this Agreement and cannot be resolved through negotiations shall be submitted
to a court of competent jurisdiction exclusively in Palm Beach County, Florida. This Agreement
shall be construed under Florida Law.
ARTICLE 21. TERMINATION.
a. Termination for Convenience. This Agreement may be terminated by either Party
for convenience upon fourteen (14) calendar days of written notice. In this event, the
Consultant shall be compensated for services performed through the termination date,
including services reasonably related to termination.
b. Termination for Cause. In addition to all other remedies available to the aggrieved
Party, this Agreement shall be subject to cancellation by either Party for cause, should
the other Party neglect or fail to perform or observe any of the terms, provisions,
conditions, or requirements herein contained, if such neglect or failure shall continue
for thirty(30)calendar days after receipt by the defaulting Party of written notice of such
neglect or failure.
c. In the event of termination, the City shall compensate the Consultant for all authorized
work satisfactorily performed through the termination date under the payment terms
contained in this Agreement. Consultant shall immediately deliver all documents,
written information, electronic data, and other materials concerning City projects in its
possession to the City and shall cooperate in transitioning its consulting duties to
appropriate parties at the direction of the City.
d. Upon termination, this Agreement shall have no further force or effect, and the Parties
shall be relieved of all further liability hereunder, except that the provisions of this
section and the provisions regarding property rights, insurance, indemnification,
governing law, and litigation shall survive termination of this Agreement and remain in
full force and effect.
ARTICLE 22. INDEMNIFICATION. Consultant shall indemnify and hold harmless the City and
its elected and appointed officers, agents, assigns and employees, consultants, separate
Consultants, any of their subconsultants, or sub-subconsultants (collectively, "Indemnified
Party"), from and against claims, demands, or causes of action whatsoever, and the resulting
losses, damages, costs, and expenses, including but not limited to attorneys' fees, including
paralegal expenses, liabilities, damages, orders, judgments, or decrees, sustained by the
Indemnified Party arising out of or resulting from (A) Consultant's performance or breach of
Agreement, (B) acts or omissions, negligence, recklessness, or intentional wrongful conduct by
Consultant's, its agents, employees, subcontractors, subconsultants, participants, and
volunteers, and (C) Consultant's failure to take out and maintain insurance as required under
this Agreement. Consultant shall pay all claims and losses in connection therewith and shall
investigate and defend all claims, suits, or actions of any kind or nature against an Indemnified
Party,where applicable, including appellate proceedings, and shall pay all costs,judgments, and
attorneys' fees which may issue thereon. The obligations of this section shall survive indefinitely
regardless of the termination of the Agreement. If considered necessary by the City and the City
Attorney, the City may retain any sums due the Consultant under this Agreement until all claims
subject to this indemnification obligation have been settled or otherwise resolved. Any amount
withheld shall not be subject to payment of interest by the City.
ARTICLE 23. INSURANCE. At the time of execution of this Agreement, the Consultant shall
provide the City with a copy of its Certificate of Insurance reflecting the following insurance
coverage:
a. Workers' Compensation Insurance to apply for all employees in compliance with the
"Workers' Compensation Law" of the State of Florida and all applicable federal laws. In
addition, the policy(ies) shall include Employer's Liability with limits of One Million Dollars
($1,000,000.00) each accident, One Million Dollars ($1,000,000.00) each condition, and
One Million Dollars ($1,000,000.00) aggregate by condition.
b. Comprehensive General Liability with minimum limits of One Million Dollars
($1,000,000.00) per occurrence, combined single limit for Bodily Injury Liability and
Property Damage Liability shall include:
Premises and/or Operations on an occurrence basis.
ii. Completed Operations Liability on an occurrence basis.
iii. Broad Form Contractual Coverage applicable to this specific Agreement,
including any hold harmless and/or indemnification agreement.
The Certificate of Insurance shall name the City of Boynton Beach and its officers, employees,
and agents as additional insured.
Consultant shall require that each subconsultant maintain insurance coverage that adequately
covers the Services provided by that subconsultant on substantially the same insurance terms
and conditions required of Consultant under this article. Consultant shall ensure that all such
subconsultants comply with these requirements and that"and its officers, employees, and agents
as additional insured" is named as an additional insured under the subconsultants' applicable
insurance policies. Consultant shall not permit any subconsultant to provide Services unless and
until all applicable requirements of this article are satisfied.
ARTICLE 24. LIMITATION OF LIABILITY. Notwithstanding any provision of the Agreement to
which it is applicable, City shall not be liable or responsible to Consultant beyond the amount
remaining due to Consultant under the Agreement, regardless of whether said liability be based
in tort, contract, indemnity, or otherwise; and in no event shall City be liable to Consultant for
punitive or exemplary damages or lost profits or consequential damages.
ARTICLE 25. INDEPENDENT CONTRACTOR. The Agreement does not create an
employee/employer relationship between the Parties. The Parties intend that the Consultant is
an independent contractor under this Agreement and shall not be considered the City's
employee for any purpose. Consultant shall not have the right to bind the City to any obligation
not expressly undertaken by the City under this Agreement
ARTICLE 26. COMPLIANCE WITH LAWS. Consultant hereby always warrants and agrees that,
to the extent material to the Agreement, Consultant shall perform its obligations in compliance
with all applicable federal, state, and local laws, rules, and regulations, including section
501.171, Florida Statutes. Non-compliance may constitute a material breach of the Agreement.
ARTICLE 27. BREACH OF REPRESENTATIONS. Consultant acknowledges that City is
materially relying on the representations, warranties, and certifications of Consultant stated in its
Proposal and this Agreement, and City shall be entitled to exercise any or all of the following
remedies if any such representation, warranty, or certification is untrue: (a) recovery of damages
incurred; (b) termination of this Agreement without any further liability to Consultant; (c) set off
from any amounts due Consultant the total amount of any damage incurred; and (d) debarment
of Consultant.
ARTICLE 28. ASSIGNMENT. If this Agreement and any interests granted herein shall be
assigned, transferred, or otherwise encumbered under any circumstances by Consultant,
Consultant must gain prior written consent from City thirty (30) business days before such
transfer. For purposes of this Agreement, any company ownership change shall constitute an
assignment that requires the City's approval. Notwithstanding the foregoing, Consultant may,
without the City's consent, assign this Agreement in whole or in part as part of a corporate
reorganization, consolidation, merger, or sale of substantially all its assets related to this
Agreement. The Consultant shall provide the City with written notice of any such corporate
reorganization, consolidation, merger, or sale of substantially all its assets related to this
Agreement within thirty (30) calendar days of such event.
ARTICLE 29. NO LIEN. The Consultant shall not at any time permit any lien, attachment, or any
other encumbrance under the laws of the State of Florida, or otherwise, by any person or persons
whomsoever to be filed or recorded against the City, against any City property or money due or
to become due for any work done or materials furnished under this Agreement by Consultant.
ARTICLE 30.AGREEMENT SUBJECT TO FUNDING. The Agreement shall remain in full force
and effect only as long as the expenditures provided for in the Agreement have been
appropriated by the City Commission of the City of Boynton Beach in the annual budget for each
fiscal year of this Agreement and is subject to termination based on lack of funding.
ARTICLE 31. REPRESENTATION OF AUTHORITY. Consultant represents and warrants that
this Agreement constitutes the legal, valid, binding, and enforceable obligation of Consultant and
that neither the execution nor performance of this Agreement constitutes a breach of any
agreement that Consultant has with any third party or violates applicable law. Consultant further
represents and warrants that execution of this Agreement is within Consultant's legal powers,
and each individual executing this Agreement on behalf of Consultant is duly authorized by all
necessary and appropriate action to do so on behalf of Consultant and does so with full legal
authority.
ARTICLE 32. RIGHTS IN DOCUMENTS AND WORK.
a. Ownership. All videos, photographs, documents, materials, data, or other work
created by Consultant in connection with performing services, whether finished or
unfinished ("Documents and Work"), shall be owned by City, and Consultant hereby
transfers to City all right, title, and interest, including any copyright or other intellectual
property rights, in or to the Documents and Work.
b. Delivery Upon Expiration or Termination of Agreement. Upon expiration or
termination of this Agreement, the Documents and Work shall become the property of
City and shall be delivered by Consultant to City within seven (7) days after expiration
or termination. Any compensation due to the Consultant may be withheld until all
Documents and Work are received as provided in this Agreement. Consultant shall
ensure that the requirements of this section are included in all agreements with all
subconsultant(s).
c.Reuse of Project Documents. City may, at its option, reuse (in whole or in part) the
resulting end-product or deliverables resulting from Consultant's Services (including,
but not limited to, drawings, specifications, other documents, and services as described
herein); and Consultant agrees to such reuse in accordance with this provision.
ARTICLE 33. CONSULTANT'S STAFF. Consultant will provide the key staff identified in its
Proposal if they are in Consultant's employment. Consultant will obtain prior written approval
from the City to change key staff. The Consultant shall provide the City with such information as
necessary for the City to determine the suitability of the proposed new key staff. City will be
reasonable in evaluating key staff qualifications. If City desires to request the removal of any of
Consultant's staff, City shall first meet with Consultant and provide reasonable justification for
said removal; upon such reasonable justification, Consultant shall use good faith efforts to
remove or reassign the staff at issue.
ARTICLE 34. THIRD-PARTY BENEFICIARIES. Neither Consultant nor City intends to primarily
or directly benefit a third party by this Agreement. Therefore, the Parties acknowledge that there
are no third-party beneficiaries to this Agreement and that no third party shall be entitled to assert
a right or claim against either of them based upon this Agreement.
ARTICLE 35. MATERIALITY AND WAIVER OF BREACH. Each requirement, duty, and
obligation set forth in this Agreement was bargained for at arm's length and is agreed to by the
Parties. Each requirement, duty, and obligation set forth in this Agreement is substantial and
essential to the formation of this Agreement, and each is, therefore, a material term. City's failure
to enforce any provision of this Agreement shall not be deemed a waiver of such provision or
modification of this Agreement. A waiver of any breach shall not be deemed a waiver of any
subsequent breach and shall not be construed as a modification of this Agreement. To be
effective, any waiver must be in writing and signed by an authorized signatory of the Party
granting the waiver.
ARTICLE 36. COUNTERPARTS AND MULTIPLE ORIGINALS. This Agreement may be
executed in multiple originals and may be executed in counterparts, whether signed physically
or electronically, each of which shall be deemed to be an original, but all of which, taken together,
shall constitute one and the same agreement.
ARTICLE 37. NON-DISCRIMINATION. Consultant and any subconsultants shall not
discriminate based on race, color, sex, religion, national origin, disability, age, marital status,
political affiliation, sexual orientation, pregnancy, or gender identity and expression in the
performance of this Agreement.
ARTICLE 38. CONTROLLING PROVISIONS. Except as otherwise specifically provided herein,
in the event of any conflict between the specific provisions of this Agreement and the
requirements or provisions of the RFP and/or Proposal, the provisions shall be given precedence
in the following order: (1) this Agreement, (2) the RFP; and (3) the Proposal. Wherever possible,
the provisions of the documents shall be construed in such a manner as to avoid conflicts
between the provisions of the various documents.
ARTICLE 39. ENTIRE AGREEMENT. The Agreement, including the RFP, the Proposal, and the
Exhibits that are incorporated into this Agreement in their entirety, embody the entire agreement
and understanding of the parties concerning the subject matter of this Agreement and supersede
all prior and contemporaneous agreements and understandings, oral or written, relating to said
subject matter. This Agreement may only be modified by a written amendment executed by the
City and Consultant.
ARTICLE 40. SEVERABILITY. If any provision of this Agreement or application thereof to any
person or situation shall, to any extent, be held invalid or unenforceable, the remainder of this
Agreement, and the application of such provisions to persons or situations other than those as
to which it shall have been held invalid or unenforceable, shall not be affected thereby, and shall
continue in full force and effect, and be enforced to the fullest extent permitted by law.
IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day and year
last written below.
CITY OF BOYNTON BEACH, FLORIDA CH MOORE &ASSOCIATES, INC.
R becca Shelton, Mayor (Sign e), Company
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Print Name of Authorized Official
Title
Approved as to Form:
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Shawna G. Lamb, City Attorney (Corporate Seal)
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SEAL $ Attest/Authenticated:
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(Sig .ture), Witness
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Mayl - •:Jesus, Cit lerk Print Name
CORPORATE ACKNOWLEDGEMENT
STATE OF CA,OrC\CA •
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COUNTY OF V-yrewarc� •
I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State aforesaid
and the County aforesaid to take acknowledgments, personally appeared
F-'
ejt-eX- M(yVrP. President of Chen MCOM Ma .,
a Corporation, to me known to be the person(s) described in and who executed the
foregoing instrument and acknowledged before me that he/she executed the same.
WITNESS my hand and official seal this day of MOM "L , 2026.
ignature of Notary Public
State of Florida at Large
**;;•,,
•" MARIAN C.GREEN *n n CV r
MY COMMISSION#HH 416180 ,y` r� P en
EXPIRES:June 28,2027 Print, Type, or tamp
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Name of Notary Public
Personally, known to me or
I Produced Identification
Type of I.D. Produced
❑ DID take an oath, or
❑ DID NOT take an oath.
EXHIBIT A
SCOPE OF SERVICES, DELIVERABLES, SCHEDULE, AND FEES
Consultant shall provide the following services:
A. Conduct a full review of the City's Comprehensive Plan, including data and
analysis, and Goals, Objectives, and Policies (GOPs) of all elements.
B. Create and implement a public engagement strategy to develop a clear vision for
the City's future development.
C. Update data and analysis within nine (9) elements.
D. Review and update nine (9) elements of the City's Comprehensive Plan, including
removing outdated details, maps, and wordiness.
E. Ensure that all elements comply with Florida Statutes, including the required 10-
year minimum period.
F. Restructure all elements to create a more streamlined, reader-friendly,
comprehensive plan while ensuring that all elements are updated.
The Scope of Services, Deliverables, Schedule, and Fees are described in further detail on the
attached Cost and Staffing Breakdown by Project Tasks.
City of Boynton Beach—Comprehensive Plan Review
Prepared by Chen Moore and Associates (CMA)
Cost and Staffing Breakdown by Project Tasks
Task 1: Review and Analyze the Existing Comprehensive Plan and Relevant Documents
Scope of Work
• Collect detailed demographic and economic data, including population trends, housing, infrastructure capacity, and
land use patterns.
• Review the City's existing Comprehensive Plan, and City's approved Strategic Plan and analyze if priorities within the
existing Comprehensive Plan have been supported.
• Identify where updates and changes are needed in each element based on the current Comprehensive Plan and changes
in state statues.
• Prepare recommended amendments to each applicable element based on the Evaluation and Appraisal Review.
• Evaluate existing transportation networks, stormwater management systems, and natural resource conservation
strategies.
• Review local,county, and state regulations to ensure compliance with Florida Statutes.
Team Composition &Effort Breakdown
Team Member Role Rate Estimated Subtotal
Hours
Nilsa Zacarias,AICP Principal-in-Charge $240/hr 10 hrs $2,400
Osniel Leon,AICP Project Manager $240/hr 20 hrs $4,800
Lance Lilly Senior Planner $140/hr 30 hrs $4,200
Matthew Veneziano/Santiago Associate Planner GIS/Data Analyst/ $95/hr 20 hrs $1,900
Cleves
Utilities& Infrastructure Review/Principal
Suzanne Dombrowski, P.E. Engineer $300/hr 5 hrs $1,500
Total 85 hrs $14,800
Deliverables for Task 1
1. Memo with recommended amendments to each applicable element based on the Evaluation and Appraisal
Review.
Timeline for Task 1
• Estimated duration:4-6 weeks
• CMA will conduct weekly or biweekly monitoring and update meetings with City Staff.
Task 2: Background Data, Inventory, and Analysis
Scope of Work
• Coordinate with City staff to conduct group or individual interviews with key City personnel and officials to gain insight
of their perspective and objectives for the Comprehensive Plan update.
• Review the City's approved Strategic Plan 224-2029(Resolution 24-205)and provide city staff a report to add and update
applicable elements accordingly.
• Incorporation of all relevant resources supplied by the City for nine (9) elements.
• Research and prepare new data from appropriate data sources and as required by State statutes for inclusion in nine (9
elements).
• Develop branding strategies and outreach materials to encourage participation.
• Leverage online tools and social media for ongoing community engagement.
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Team Composition& Effort Breakdown
Team Member Role Rate Est. Hours Subtotal
Nilsa Zacarias, AICP Principal-in-Charge $240/hr 10 hrs $2,400
Osniel Leon,AICP Project Manager $240/hr 20 hrs $4,800
Matthew Veneziano/Santiago Cleves Associate Planner/GIS/Data Analyst $95/hr 30 hrs $2,850
Lance Lilly Senior Planner $140/hr 30 hrs $4,200
Sara Benbasat Branding&Social Media $95/hr 6 hrs $570
Total 96 hrs $14,820
Deliverables for Task 2
1. Memo with recommendations based on Strategic Plan to update applicable elements.
2. Memo with new data from appropriate data sources; and, as required by State statutes.
3. Provide branding and strategies options for community outreach. Final branding will be based on City Staff input
and feedback.
Timeline for Task 2
• Estimated Duration: 6-8 weeks
• CMA will conduct weekly or biweekly monitoring and update meetings with City Staff.
Task 3: Public Outreach and Participation
Scope of Work
• Facilitate citizen forums, workshops, focus groups, and surveys to gather input on current and future development
patterns.
• Prior to kick-off meetings and public outreach. The CMA team will discuss with City staff tailored strategy for reaching
out to and engaging the public at different stages of the planning process.
• Develop a stakeholder database with assistance from City staff and officials and will notify various community
engagement activities.
• Prepare community profile summarizing statistics of existing conditions in the city.
• Utilize a wide range of engagement activities including social media, and various survey techniques and tools.
• Create a web site appropriate to Boynton Beach guidelines and include nightly site backups and use maintenance.
Team Composition&Effort Breakdown
Team Member Role Rate Est. Hours Subtotal
Nilsa Zacarias,AICP Principal-in-Charge/Strategic Oversight $240/hr 20 hrs $4,800
Osniel Leon,AICP Project Manager/Public Facilitator $240/hr 20 hrs $4,800
Lance Lilly Senior Planner/Public Engagement Lead $140/hr 40 hrs $5,600
Sara Benbasat Branding&Social Media $95/hr 20 hrs $1,900
Matthew Veneziano GIS+Online Survey Tools&Analytics $95/hr 20 hrs $1,900
Santiago Cleves Flyers, Printing, Setup Logistics $95/hr 10 hrs $1,900
Web Developer(external)* Project Webpage Creation & Updates $100/hr 13 hrs $1,300
Total 143 hrs $22,200
Deliverables for Task 3
1. Create a stakeholder database with assistance from City staff.
2. Prepare a Community Survey.
3. Memo with community profile summarizing statistics of existing conditions.
4. Create a web site appropriate to Boynton Beach guidelines.
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Timeline for Task 3
• Estimated Duration:8-10 weeks
• CMA will conduct weekly or biweekly monitoring and update meetings with City Staff.
Task 4:Summary and Recommendations
Scope of Work
• Prepare summary based on public engagement. Including the community's preferred strategies and focused vision for
the City.
• Provide summary to City staff for reviews and comments.
• Present summary to the City Commission along with recommendations, after the City staff reviews and edits.
Team Composition&Effort Breakdown
Team Member Role Rate Est. Hours Subtotal
Nilsa Zacarias,AICP Principal-in-Charge/Strategic Oversight $240/hr 20 hrs $4,800
Osniel Leon,AICP Project Manager $240/hr 20 hrs $4,800
Lance Lilly Policy Strategist/Outreach $140/hr 17 hrs $2,380
Sara Benbasat Design+Graphics Support $95/hr 15 hrs $1,425
Santiago Cleves Formatting/Report Assembly $95/hr 15 hrs $1,425
Total 87 hrs $14,830
Deliverables for Task 4
1. Provide summary memo of Findings of Public input trends and major themes
2. Preliminary recommendations memo with suggestions for new goals,objectives,or policies.
3. PowerPoint presentation to city staff for review with recommendations.
Timeline for Task 4
• Estimated Duration:4-5 weeks
• CMA will conduct weekly or biweekly monitoring and update meetings with City Staff.
Task 5: Update Data and Analysis
Scope of Work
CMA's Task 5 includes:
• Prepare updated Data&Analysis sections for each Comprehensive Plan element. Including areas for its potential impact
on growth of the City if annexed.
• Update future conditions maps that are adopted as part of the amended Comprehensive Plan for inclusion in the
adoption document.
Team Composition&Effort Breakdown
Team Member Role Rate Est. Hours Subtotal
Nilsa Zacarias,AICP Principal-in-Charge/Strategic Oversight $240/hr 30 hrs $7,200
Osniel Leon,AICP Project Manager $240/hr 30 hrs $7,200
Lance Lilly Senior Planner $140/hr 40 hrs $5,600
Matthew Veneziano/Santiago Cleves GIS& Demographics Specialist $95/hr 40 hrs $3,800
Brian Voelker, M.S. Environmental $160/hr 8 hrs $1,280
Suzanne Dombrowski, P.E. Utilities/Infrastructure Data $300/hr 15 hrs $4,500
Total 163 hrs $29,580
Deliverables for Task 5
1. Provide document with updated Data &Analysis Sections for all 9 plan elements.
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2. Updated Map Series
o Future Land Use (FLU) Map
o Transportation networks
o Public facilities and service areas
o FEMA flood zones,sea level rise zones, conservation lands
o Capital improvements and redevelopment areas
Timeline for Task 5
• Estimated Duration: 6-8 weeks
• Can proceed in parallel with early GOP drafting(Task 6)
• CMA will conduct weekly or biweekly monitoring and update meetings with City Staff.
Task 6: Goals, Objectives,and Policies(GOP) Updates
Scope of Work
• Review and update all Comprehensive Plan elements,including Future Land Use,Transportation, Utilities,Conservation,
Recreation and Open Space, Housing, Recreation and Open Space, Transportation, Coastal Management,
Intergovernmental Coordination,and Capital Improvement.
• Develop an optional Resiliency Element to address sea level rise and vulnerability challenges.
• Update all required map series, including FEMA Flood Zones, Coastal High-Hazard Areas, and Future Land Use Maps, in
compliance with Florida Statutes.
• Prepare recommendations for changes and updates of existing Goals, Objectives and Policies(GOPs)for each element.
• Draft amendments for each element to address deficiencies, incorporate the City's future plan, and establish a
framework for the City through 2050.
• Incorporate feedback from stakeholders to refine the Comprehensive and edit Comprehensive Plan amendments as
needed following City staff and Commission review.
Team Composition& Effort Breakdown
Team Member Role Rate Est. Hours Subtotal
Nilsa Zacarias, AICP Principal-in-Charge/Policy QA/QC $240/hr 30 hrs $7,200
Osniel Leon,AICP Project Manager $240/hr 30 hrs $7,200
Lance Lilly Senior Planner/GOP Drafting $140/hr 40 hrs $5,600
Sara Benbasat Resiliency Policies Support $95/hr 40 hrs $3,800
Brian Voelker, M.S. Environmental Policy Support $160/hr 8 hrs $1,280
Matthew Veneziano/Santiago Cleves Formatting/Report Assembly $95/hr 15 hrs $4,500
Total 163 hrs $29,580
Deliverables for Task 6
1. Strikethrough and Underlined GOPs for All 9 Elements
o Updated goals aligned with City vision and outreach
o Actionable and measurable objectives
o Clear, internally consistent policy language
2. Proposed- New Optional Resiliency Element (This is Optional and Not include it on the Scope and Cost)
Timeline for Task 6
• Estimated Duration: 16 weeks
• Syncs closely with Task 5 deliverables (data &analysis)
• Policy drafts shared in phases with City Staff for review
• CMA will conduct weekly or biweekly monitoring and update meetings with City Staff.
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Task 7:Transmittal (First Reading) and Adoption (Second Reading)
Scope of Work
• Present the Comprehensive Plan to the Local Planning Agency(LPA) hearing.
• Present the Comprehensive Plan at the City Commission transmittal hearing.
• Facilitate compliance with Florida Commerce and assist with the transmittal and adoption process, including addressing
the Objections, Recommendations, and Comments (ORC) Report.
• Present final Comprehensive Plan to the City Commission at the adoption hearing.
• Assist City staff as needed during the adoption and transmittal period.
• Provide regular draft updates and coordinate with the Local Planning Agency (LPA) and City Commission for reviews,
workshops,and public hearings.
Team Composition& Effort Breakdown
Team Member Role Rate Est. Hours Subtotal
Nilsa Zacarias,AICP Principal-in-Charge/Presentations $240/hr 10 hrs $2,400
Osniel Leon,AICP Project Manager/ORC Response & Edits $240/hr 16 hrs $3,840
Lance Lilly Senior Planner $140/hr 34 hrs $4,760
Santiago Cleves Formatting/Report Assembly $95/hr 20 hrs $1,900
Matthew Veneziano GIS/ Data Analyst $95/hr 20 hrs $1,900
Total 100 hrs $14,800
Deliverables for Task 7
1. Provide PowerPoint Presentation for Local Planning Agency(LPA)and City Commission hearings
2. Provide Transmittal Package for submission to the Department of Commerce+8 reviewing agencies
3. Written response to State comments of the ORC Report
4. Provide adoption version of the Plan with a fully revised and formatted document
Timeline for Task 7
• Estimated Duration: 6-8 weeks
• It begins once all updates from Task 6 are finalized
• State provides ORC report within 60 days after transmittal of proposed Comprehensive Plan document
• CMA will conduct weekly or biweekly monitoring and update meetings with City Staff.
Summary Table of all Tasks with Hours/Costs
Tasks Estimated Estimated Cost
Hours ($)
Task 1: Review and Analysis of Existing Comprehensive Plan 85 $14,800
Task 2: Background Data, Inventory,and Analysis 96 $14,820
Task 3: Public Outreach and Participation 143 $22,200
Task 4: Summary and Recommendations 87 $14,830
Task 5: Update Data and Analysis 163 $29,580
Task 6: Goals, Objectives, and Policies (GOP) Updates 163 $29,580
Task 7:Adoption and Transmittal 100 $14,800
Task 8: A-la-cart per hour $7,390
Total 402 $148,000
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