R25-149 1 RESOLUTION NO. R25-149
2
3 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON
4 BEACH, FLORIDA, AWARDING REQUEST FOR PROPOSAL (RFP) NO.
5 PWE25-003 FOR PROJECT MANAGEMENT SERVICES FOR THE SAN
6 CASTLE NEIGHBORHOOD INFRASTRUCTURE IMPROVEMENT
7 PROJECT; APPROVING AN AGREEMENT WITH COLLIERS PROJECT
8 LEADERS USA NE, LLC; AND FOR ALL OTHER PURPOSES.
9
10 WHEREAS, on October 15, 2024, the City issued Request for Proposal (RFP) No. PWE25-
11 003 for project management services for the San Castle Neighborhood Infrastructure
12 Improvement Project; and
13 WHEREAS, the RFP closed on November 14, 2024, with the City receiving four qualified
14 responses; and
15 WHEREAS, on December 20, 2024, the Evaluation Committee met in a publicly noticed
16 meeting to score and rank the proposals, determining that Colliers Project Leaders submitted the
17 top-ranked proposal; and
18 WHEREAS, the City has concluded negotiations with Colliers Project Leaders and agreed
19 upon a contract amount of four hundred forty-five thousand, eight hundred forty-one dollars
20 ($445,841.00) to provide the required project management services; and
21 WHEREAS, City Staff recommends an allowance of ten percent (10%) or forty-four
22 thousand, five hundred eighty-four dollars and ten cents ($44,584.10) for additional work that
23 may arise during the project; and
24 WHEREAS, the City Commission finds it in the best interest of the City to award RFP No.
25 PWE25-003 to Colliers Project Leaders for the project management services necessary to fulfill the
26 requirements of the CBDG-MIT grant, and approve an Agreement with Colliers Project Leaders
27 USA NE, LLC.
28
29
30
31
32
33 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON
34 BEACH, FLORIDA, THAT:
35
36 SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
37 being true and correct and are hereby made a specific part of this Resolution upon adoption
38 hereof.
39 SECTION 2. The City Commission hereby approves the Agreement for Project
40 Management Services with Colliers Project Leaders USA NE, LLC (the "Agreement"), in form and
41 substance similar to that attached as "Exhibit A."
42 SECTION 3. The City Commission of the City of Boynton Beach, Florida, hereby
43 authorizes the Mayor to execute the Agreement. The Mayor is further authorized to execute any
44 ancillary documents required under the Amendment or necessary to accomplish the purposes of
45 this Resolution.
46 SECTION 4. The fully executed Agreement shall be retained by the City Clerk as a public
47 record of the City, and a copy shall be provided to Taralyn Pratt to forward to the Vendor.
48 SECTION 5. This Resolution shall take effect as provided by law.
49
50
51
52
53 [Signatures on following page]
54
55
56
57
58
59
60
61
62 PASSED AND ADOPTED this day of 3.Y\Q_ 2025.
63 CITY OF BOYNTON BEACH, FLORIDA
64 YES NO
65 Mayor — Rebecca Shelton f
66
67 Vice Mayor — Woodrow L. Hay
68
69 Commissioner — Angela Cruz `/
70
71 Commissioner— Aimee Kelley ] r+
72
73 Commissioner — Thomas Turkin
74
75 VOTE L4-0
76 AT
77 41I ti .._ ; _7
79
80 Maylee 'ye - us, MP ��` Rebecca Shelton
81 City Cle k
��pYNTp���1 Mayor
i 'POR '• 1
82 , O.c, ATF. F
83 -.
SEAL •;_��� APPROVED AS TO FORM:
84 i .INCORPORATED; i
85 (Corporate Seal) /x'14 •''•.•1920.:
86 %' FLORIOQ
"s ' _- 24 (J'14 �ti776
87 Shawna G. Lamb
88 City Attorney
•n f
PROJECT MANAGEMENT SERVICES—SAN CASTLE -GRANT
FUNDED
THIS AGREEMENT("Agreement"), is entered into 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 COLLIERS PROJECT LEADERS
USA NE, LLC a Foreign Limited Liability Company authorized to do business in the State of Florida,with a
business address of 135 NEW RD MADISON, CT 06443, with an FEI # of
06-1468602 hereinafter referred to as "VENDOR", each a "Party" and collectively the "Parties". In
consideration of the mutual benefits, terms, and conditions hereinafter specified, the Parties agree as set
forth below.
WHEREAS, the CITY solicited proposals for a contract to perform Project Management Services,
and
WHEREAS, the CITY issued a REQUEST FOR PROPOSALS FOR PROJECT MANAGEMENT
SERVICES—SAN CASTLE-GRANT FUNDED,RFP No. PWE25-003; and
WHEREAS, RFP No. PWE25-003 defined the Scope of Services for Project Management
Services—Grant Funded; and
WHEREAS, the CITY determined that VENDOR was qualified for appointment to perform the
scope of services set forth in RFP No. PWE25-003; and
WHEREAS, the CITY Commission on , determined that VENDOR was qualified
for appointment to perform the scope of services set forth in the REQUEST FOR PROPOSALS [RFP];
and
NOW, THEREFORE, in consideration of the mutual covenants expressed herein, the parties agree
as follows:
ARTICLE 1 -SERVICES
1.1 VENDOR hereby agrees to perform the services required for the PROJECT
MANAGEMENT SERVICES — SAN CASTLE — GRANT FUNDED. The terms and
conditions of RFP No. PWE25-003 and the VENDOR's proposal are expressly
incorporated into this Agreement by reference. Any conflict or discrepancy between the
terms of this Agreement, RFP PWE25-003, and the VENDOR's proposal shall be resolved
pursuant to the following order of precedence(1)this Agreement(2) RFP No. PWE25-003;
and (3)VENDOR's Proposal.
1.2 VENDOR shall furnish all services, labor, equipment, and materials necessary and as may
be required in the performance of this Agreement, except as otherwise specifically provided
for herein, and all work performed under this Agreement shall be done in a professional
manner.
1.3 VENDOR assumes professional and technical responsibility for the performance of its
services to be provided hereunder in accordance with recognized professional and ethical
guidelines established by their profession. If, within one year following completion of its
services, such services fail to meet the aforesaid standards, and the CITY promptly advises
VENDOR thereof in writing, VENDOR agrees to re-perform such deficient services without
charge to the CITY.
RFP No.PWE25-003 Project Management—San Castle—Grant Funded C-1
1.4 The relationship between CITY and VENDOR created hereunder, and the services to be
provided by VENDOR pursuant to this Agreement are non-exclusive. CITY shall be free to
pursue and engage in similar relationships with other vendors to perform the same or
similar services performed by VENDOR hereunder, so long as no other vendor shall be
engaged to perform the specific project(s) assigned to VENDOR while VENDOR is so
engaged without first terminating such assignment. VENDOR shall be free to pursue
relationships with other parties to perform the same or similar services,whether or not such
relationships are for services to be performed within the CITY, so long as no such
relationship shall result in a conflict of interest, ethical or otherwise, with the CITY's
interests in the services provided by VENDOR hereunder.
1.5 VENDOR shall not utilize the services of any sub-consultant without the prior written
approval of CITY.
1.6 The CITY's Representative during the performance of this Agreement shall be Moisey
Abdurakhmanov.
1.7 The VENDOR'S Representative during the performance of the Agreement shall be
Kenneth J. Guyette.
2. TIME OF PERFORMANCE.Work under this Agreement shall commence upon the executed Contract
signed by both parties and the issuance of a Purchase Order by the CITY to the VENDOR. VENDOR
shall perform all services and provide all work products required pursuant to this Agreement and based
upon the stipulations of the grant award.
3. TERM.The Term of this Agreement shall be for a FORTY-TWO (42) month term, commencing upon
a fully executed Contract and a Purchase Order from the City. The VENDOR understands and
acknowledges that the services to be performed during the FOURTY-FOUR (421 month term will be
governed by this Agreement and the stipulations of the Community Development Block Grant funds
from the Florida Department of Commerce (FCOM) [Florida Commerce, F.K.A. Florida Department of
Economic Opportunity (FDEO)] grant award.
In the event that services are scheduled to end either by contract expiration or by termination by the
CITY (at the City's discretion), the VENDOR shall continue the services, if requested by the CITY, or
until task(s) are completed. At no time shall this transitional period extend more than one hundred and
eighty (180) calendar days beyond the expiration date of the existing contract. The VENDOR will be
reimbursed for this service at the rate in effect when this transitional period clause was invoked by the
CITY.
4. FEES AND PAYMENT. The VENDOR shall be paid by the CITY for completed work and for services
rendered in accordance with the Price Proposal to this Agreement as follows:
a. Payment for the work provided by VENDOR shall be made as provided on Exhibit"3"attached
hereto.
b. Payment as provided in this section by the CITY shall be full compensation for work performed,
services rendered, and for all materials, supplies, equipment, and incidentals necessary to
complete the work.
c. The VENDOR may submit invoices to the CITY once per month during the progress of the work
for partial payment. Such invoices will be checked by the CITY, and upon approval thereof,
payment will be made to the VENDOR in the amount approved.
d. Final payment of any balance due to the VENDOR of the total contract price earned will be
made promptly upon its ascertainment and verification by the CITY after the completion of the
work under this Agreement and its acceptance by the CITY.
e. Final Invoice: In order for both parties herein to close their books and records, the VENDOR
will clearly state"Final Invoice"on the VENDOR's final/last billing to the CITY. The final invoice
RFP No.PWE25-003 Project Management—San Castle—Grant Funded C-2
certifies that all services have been properly performed and all charges and costs have been
invoiced to the CITY.Since this account will thereupon be closed,and any other further charges
if not properly included on this invoice are considered waived by the VENDOR.
f. The VENDOR's records and accounts pertaining to this Agreement are to be kept available for
inspection by the authorized representatives of the CITY, State, Housing and Urban
Development (HUD), and Florida Commerce, F.K.A. Florida Department of Economic
Opportunity (FDEO) and other relevant federal agencies shall have access for a period of six
(6) years after the completion of the Agreement. Copies shall be made available upon request.
g. All payments shall be governed by the Local Government Prompt Payment Act, as set forth in
Part VII, Chapter 218, Florida Statutes.
5. OWNERSHIP AND USE OF DOCUMENTS. Upon completion of the project and final payment to
VENDOR, all documents, drawings, specifications, and other materials produced by the VENDOR in
connection with the services rendered under this agreement shall be the property of the CITY whether
the project for which they are made is executed or not. Notwithstanding the foregoing, the VENDOR
shall maintain the rights to reuse standard details and other design copies, including reproducible
copies, of drawings and specifications for information, reference, and use in connection with
VENDOR'S endeavors. Any use of the documents for purposes other than as originally intended by
this Agreement, without the written consent of VENDOR, shall be at the CITY's sole risk and without
liability to VENDOR and VENDOR'S sub-consultants.
6. FUNDING. This Agreement shall remain in full force and effect only as long as the expenditures
provided in the Agreement have been appropriated by the CITY in the annual budget for each fiscal
year of this Agreement, and is subject to termination based on lack of funding.
7 WARRANTIES AND REPRESENTATIONS. VENDOR represents and warrants to the CITY that it is
competent to engage in the scope of services contemplated under this Agreement and that it will retain
and assign qualified professionals to all assigned projects during the term of this Agreement.
VENDOR's services shall meet a standard of care for Project Management Services and related
services equal to or exceeding the standard of care for professionals practicing under similar conditions.
In submitting its response to the RFQ, RFP, or BID, VENDOR has represented to CITY that certain
individuals employed by VENDOR shall provide services to CITY pursuant to this Agreement. CITY has
relied upon such representations. Therefore, VENDOR shall not change the designated (San Castle)
Project Manager for any project without the advance written approval of the CITY, which consent may
be withheld in the sole and absolute discretion of the CITY.
8. COMPLIANCE WITH LAWS. VENDOR shall, in performing the services contemplated by this Service
Agreement, faithfully observe and comply with all federal, state, and local laws, ordinances, and
regulations that are applicable to the services to be rendered under this Agreement.
9. PRICES. Hourly rates shall be firm for the term of the Agreement. The price proposal is based on the
full 42-month duration as outlined in the RFP. Hourly rates are subject to a 4% annual escalation.
10 INDEMNIFICATION.
A. The VENDOR shall indemnify and hold harmless the CITY, its officers, employees, agents, and
instrumentalities from any and all liability, losses or damages, including reasonable attorneys'fees
and costs of defense, through the conclusion of any appeals, which the CITY or its officers,
employees, agents or instrumentalities may incur as a result of claims, demands, suits, causes of
actions or proceedings of any kind or nature to the extent arising out of, relating to and resulting
from the performance of this Agreement by the VENDOR, its employees, agents, partners,
principals or subcontractors. The VENDOR shall pay all claims and losses in connection therewith
and shall investigate and defend all claims, suits, or actions of any kind or nature in the name of
the CITY, where applicable, including appellate proceedings, and shall pay all reasonable costs,
judgments, and attorneys' fees which may issue thereon. Neither party to this Agreement shall be
liable to any third party claiming directly or through the other respective party, for any special,
incidental, indirect, or consequential damages of any
RFP No. PWE25-003 Project Management—San Castle—Grant Funded C-3
kind, including but not limited to lost profits or use that may result from this Agreement or out of the
services or goods furnished hereunder.
B. The parties understand and agree that the covenants and representations relating to this
indemnification provision shall survive the term of this Agreement and continue in full force and
effect as to the party's responsibility to indemnify.
C. Nothing contained herein is intended nor shall be construed to waive CITY's rights and immunities
under the common law or§768.28, Fla. Stat., as may be amended from time to time.
11. INSURANCE.
A. During the performance of the services under this Agreement, VENDOR shall maintain the
following insurance policies, and provide originals or certified copies of all policies to CITY's
Director of Risk Management. All policies shall be written by an insurance company authorized to
do business in Florida. VENDOR shall be required to obtain all applicable insurance coverage, as
indicated below, prior to commencing any service pursuant to this Agreement as described in
Attachment A.
B. VENDOR shall provide the CITY with all Certificates of Insurance required under this section prior
to beginning performance under this Agreement. Failure to maintain the required insurance will be
considered a default of the Agreement.
C. The CITY shall be included as an additional insured. The coverage shall contain no limitations on
the scope of protection afforded the CITY, its officers, officials, employees, or volunteers. A current
valid insurance policy meeting the requirements herein identified shall be maintained during the
duration of this Agreement, and shall be endorsed to state that coverage shall not be suspended,
voided, or canceled by either party, reduced in coverage in limits except after thirty (30) days prior
written notice by either certified mail, return receipt requested, has been given to the CITY.
D. The CITY reserves the right to reasonably require any additional insurance coverage or increased
limits as determined necessary by the Director of Risk Management. The CITY reserves the right
to review, modify, reject,or accept any required policies of insurance, including limits,coverage, or
endorsements throughout the term of the Agreement.
12. INDEPENDENT CONTRACTOR. The VENDOR and the CITY agree that the VENDOR is an
independent contractor with respect to the services provided pursuant to this Agreement. Nothing in
this Agreement shall be considered to create the relationship of employer and employee between the
parties hereto. Neither VENDOR nor any employee of VENDOR shall be entitled to any benefits
accorded CITY employees by virtue of the services provided under this Agreement. The CITY shall not
be responsible for withholding or otherwise deducting federal income tax or Social Security or
contributing to the state industrial insurance program, otherwise assuming the duties of an employer
with respect to VENDOR, or any employee of VENDOR.
13. COVENANT AGAINST CONTINGENT FEES. The VENDOR warrants that he has not employed or
retained any company or person, other than a bona fide employee working solely for the VENDOR, to
solicit or secure this contract, and that he has not paid or agreed to pay any company or person, other
than a bona fide employee working solely for the VENDOR any fee, commission, percentage,
brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making
of this contract. For breach or violation of this warranty, the CITY shall have the right to annul this
contract without liability or, in its discretion to deduct from the contract price or consideration, or
otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or
contingent fee.
14. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES: The City of Boynton Beach
encourages and agrees to allow the vendor to extend the pricing, terms, and conditions of this
solicitation and resulting agreement/contract to other governmental entities pursuant to the
requirements of the federal awarding agency.
RFP No.PWE25-003 Project Management—San Castle—Grant Funded C-4
15. TRUTH-IN-NEGOTIATION CERTIFICATE.
A. Execution of this Agreement by the VENDOR shall act as the execution of a truth-in-negotiation
certificate certifying that the wage rates and costs used to determine the compensation provided
for in this Agreement is accurate, complete, and current as of the date of the Agreement and no
higher than those charged the VENDOR's most favored customer for the same or substantially
similar service.
B. The said rates and cost shall be adjusted to exclude any significant sums should the CITY
determine that the rates and costs were increased due to inaccurate, incomplete, or non-current
wage rates or due to inaccurate representations of fees paid to outside VENDORs. The CITY shall
exercise its rights under this"Certificate"within one (1) year following payment.
16. DISCRIMINATION PROHIBITED. The VENDOR, with regard to the work performed by it under this
agreement, will not discriminate on the grounds of race, color, national origin, religion. creed, age,
gender, disability, marital status, political affiliation, pregnancy, gender identity, and expression, sex or
the presence of any physical or sensory handicap in the selection and retention of employees,
procurement of materials, supplies, or in performance of any Work pursuant to this Agreement.
17. ASSIGNMENT.The VENDOR shall not sublet or assign any of the services covered by this Agreement
without the express written consent of the CITY.
18. NON-WAIVER. A waiver by either CITY or VENDOR of any breach of this Agreement shall not be
binding upon the waiving party unless such waiver is in writing. In the event of a written waiver, such
a waiver shall not affect the waiving party's rights with respect to any other or further breach. The
making or acceptance of a payment by either party with knowledge of the existence of a default or
breach shall not operate or be construed to operate as a waiver of any subsequent default or breach.
19. TERMINATION.
A. Termination for Convenience. This Agreement may be terminated by the CITY for convenience,
upon fourteen (14) calendar days of written notice by the City to the VENDOR for such termination
in which event the VENDOR shall be paid its compensation for work performed through to the
termination date, including services reasonably related to termination. In the event that the
VENDOR abandons the Agreement or causes it to be terminated, the VENDOR shall indemnify the
CITY against loss pertaining to this termination.
B. Termination for Cause. This Agreement may be terminated for cause by the aggrieved party if the
party in breach has not corrected the breach within thirty (30)calendar days after receipt of written
notice from the aggrieved party identifying the breach.This Agreement may be terminated for cause
by CITY for reasons including, but not limited to, VENDOR's failure to suitably or continuously
perform the services in a manner calculated to meet or accomplish the objectives in this Agreement,
or repeated submission (whether negligent or intentional) for payment of false or incorrect bills or
invoices.
C. In the event of the death of a member, partner, or officer of the VENDOR, or any of its supervisory
personnel assigned to the project, the surviving members of the VENDOR hereby agree to
complete the work under the terms of this Agreement, if requested to do so by the CITY. This
section shall not be a bar to renegotiations of this Agreement between surviving members of the
VENDOR and the CITY, if the CITY so chooses.
D. Notice of termination shall be provided in accordance with the"Notices" section of this Agreement.
E. In addition to any termination rights stated in this Agreement, CITY shall be entitled to seek any
and all available contractual or other remedies available at law or in equity including recovery of
costs incurred by CITY due to VENDOR's failure to comply with any term(s)of this Agreement.
20. DEFAULT OF CONTRACT& REMEDIES.
RFP No.PWE25-003 Project Management—San Castle—Grant Funded C-5
A. Any disputes that arise between the parties with respect to the performance of this Agreement,
which 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.
B. Correction of Work. If, in the judgment of CITY, work provided by VENDOR does not conform to
the requirements of this Agreement, or if the work exhibits poor workmanship, CITY reserves the
right to require that VENDOR correct all deficiencies in the work to bring the work into conformance
without additional cost to CITY, and/or replace any personnel who fail to perform in accordance
with the requirements of this Agreement. CITY shall be the sole judge of non-conformance and the
quality of workmanship.
C. Default of Contract. The occurrence of any one or more of the following events shall constitute a
default and breach of this Agreement by VENDOR :
I. The abandonment of the project by VENDOR for a period of more than seven (7)
business days.
II. The abandonment, unnecessary delay, refusal of, or failure to comply with any of
the terms of this Agreement or neglect, or refusal to comply with the instructions
of the CITY's designee.
III. The failure by VENDOR to observe or perform any of the terms, covenants, or
conditions of this Agreement to be observed or performed by VENDOR, where
such failure shall continue for a period of seven (7)days after written notice thereof
by CITY to VENDOR; provided, however, that if the nature of VENDOR 's default
is such that more than seven (7) days are reasonably required for its cure, then
VENDOR shall not be deemed to be in default if VENDOR commences such cure
within said seven (7) day period and thereafter diligently prosecutes such cure to
completion.
IV. The assignment and/or transfer of this Agreement or execution or attachment
thereon by VENDOR or any other party in a manner not expressly permitted
hereunder.
V The making by VENDOR of any general assignment or general arrangement for
the benefit of creditors, or the filing by or against VENDOR of a petition to have
VENDOR adjudged a bankruptcy, or a petition for reorganization or arrangement
under any law relating to bankruptcy (unless, in the case of a petition filed against
VENDOR, the same is dismissed within sixty (60) calendar days); or the
appointment of a trustee or a receiver to take possession of substantially all of
VENDOR's assets,or for VENDOR's interest in this Agreement,where possession
is not restored to VENDOR within thirty (30) calendar days; for attachment,
execution or other judicial seizure of substantially all of VENDOR 's assets, or for
VENDOR's interest in this Agreement,where such seizure is not discharged within
thirty (30) calendar days.
D. Remedies in Default. In case of default by VENDOR, CITY shall notify VENDOR, in writing, of
such abandonment, delay, refusal, failure, neglect, or default and direct VENDOR to comply with
all provisions of the Agreement. If the abandonment, delay, refusal, failure, neglect, or default is
not cured within seven (7) business days of when notice was sent by CITY, CITY may declare a
default of the Agreement and notify VENDOR of such declaration of default and terminate the
Agreement.
i. Upon such declaration of default,all payments remaining due VENDOR at the time
of default, less all sums due CITY for damages suffered, or expenses incurred by
reason of default, shall be due and payable
ii. CITY may complete the Agreement, or any part thereof, either by day labor, use
RFP No.PWE25-003 Project Management—San Castle—Grant Funded C-6
of a subcontractor, or by re-letting a contract for the same, and procure the
equipment and the facilities necessary for the completion of the Agreement, and
charge the cost of same to VENDOR together with the costs incident thereto to
such default.
iii. In the event CITY completes the Agreement at a lesser cost than would have been
payable to VENDOR under this Agreement, if the same had been fulfilled by
VENDOR, CITY shall retain such differences. Should such cost to CITY be greater,
VENDOR shall pay the amount of such excess to the CITY.
iv. Notwithstanding the other provisions in this Article, CITY reserves the right to
terminate the Agreement at any time, whenever the service provided by VENDOR
fails to meet reasonable standards of the trade after CITY gives written notice to
the VENDOR of the deficiencies as set forth in the written notice within fourteen
(14) calendar days of the receipt by VENDOR of such notice from CITY.
21. UNCONTROLLABLE FORCES.
21.1 Neither the CITY nor VENDOR shall be considered to be in default of this Agreement if
delays in or failure of performance shall be due to Uncontrollable Forces, the effect of
which, by the exercise of reasonable diligence, the non-performing party could not avoid.
The term "Uncontrollable Forces"shall mean any event, which results in the prevention or
delay of performance by a party of its obligations under this Agreement and which is
beyond the reasonable control of the non-performing party. It includes, but is not limited to
fire, flood, earthquakes, storms, lightning, epidemic, war, riot, civil disturbance, sabotage,
and governmental actions.
21.2 Neither party shall, however, be excused from performance if non-performance is due to
forces, which are preventable, removable, or remediable, and which the non-performing
party could have, with the exercise of reasonable diligence, prevented, removed, or
remedied with reasonable dispatch. The non-performing party shall, within a reasonable
time of being prevented or delayed from performance by an uncontrollable force, give
written notice to the other party describing the circumstances and uncontrollable forces
preventing continued performance of the obligations of this Agreement.
22. NOTICES. Notices to the CITY shall be sent to the following address:
Daniel Dugger, City Manager
City of Boynton Beach
100 E. Ocean Avenue
Boynton Beach, FL 33435
Telephone No. (561) 742-6000
Notices to VENDOR shall be sent to the following address:
ATTN: Kenneth J. Guyette
Address: 135 NEW RD
MADISON, CT 06443
FEI#06-1468602
Phone: 860 234 3590
Email: ken.guyette@collierseng.corn
23. INTEGRATED AGREEMENT.This agreement, together with attachments or addenda, represents the
entire and integrated agreement between the CITY and the VENDOR and supersedes all prior
negotiations, representations, or agreements, written or oral. This agreement may be amended only by
written instrument signed by both CITY and VENDOR.
RFP No. PVVE25-003 Project Management—San Castle—Grant Funded C-7
24. PUBLIC RECORDS. The Vendor shall comply with Florida's Public Records Law. Specifically, the
VENDOR shall:
A. Keep and maintain public records required by the CITY to perform the service;
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,
VENDOR shall maintain in a secured manner all copies of such confidential and
exempt records remaining in its possession once the VENDOR transfers the
records in its possession to the CITY; and
D. Upon completion of the contract, Vendor shall transfer to the CITY, at no cost to
the CITY, all public records in VENDOR'S possession. All records stored
electronically by VENDOR must be provided to the CITY, upon request from the
CITY's custodian of public records, in a format that is compatible with the
information technology systems of the CITY.
IF THE VENDOR HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, FLORIDA STATUTES, TO THE VENDOR'S DUTY TO
PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT,
CONTACT THE CUSTODIAN OF PUBLIC RECORDS:
CITY CLERK
100 E. OCEAN AVENUE
BOYNTON BEACH, FLORIDA, 33435
TELEPHONE: 561-742-6060
CityCIerk(@_bbfI.us
25. E-VERIFY. VENDOR is used interchangeably with CONTRACTOR throughout this Section. VENDOR
certifies that it is aware of and complies with the requirements of Section 448.095, Florida Statutes, as
may be amended from time to time and briefly described herein below.
A. Definitions for this Section:
i. "Contractor" means a person or entity that has entered or is attempting to enter into a contract
with a public employer to provide labor, supplies, or services to such employer in exchange for
salary, wages, or other remuneration. "Contractor" includes, but is not limited to, a vendor or
consultant.
ii. "Subcontractor" means a person or entity that provides labor, supplies, or services to or for a
contractor or another subcontractor in exchange for salary, wages, or other remuneration.
iii. "E-Verify system" means an Internet-based system operated by the United States Department
of Homeland Security that allows participating employers to electronically verify the
employment eligibility of newly hired employees.
B. Registration Requirement; Termination. Pursuant to Section 448.095, Florida Statutes, effective
January 1, 2021, Contractors, shall register with and use the E-Verify system in order to verify the
RFP No.PWE25-003 Project Management—San Castle—Grant Funded C-8
work authorization status of all newly hired employees. Contractor shall register for and utilize the
U.S. Department of Homeland Security's E-Verify System to verify the employment eligibility of:
i. All persons employed by a Contractor to perform employment duties within Florida during the
term of the contract;
ii. All persons(including sub-vendors/sub-consultants/sub-contractors)assigned by Contractor to
perform work pursuant to the contract with the CITY of Boynton Beach. The Contractor
acknowledges and agrees that registration and use of the U.S. Department of Homeland
Security's E-Verify System during the term of the contract is a condition of the contract with the
CITY of Boynton Beach; and
iii. The Contractor shall comply with the provisions of Section 448.095, Fla. Stat., "Employment
Eligibility," as amended from time to time. This includes, but is not limited to registration and
utilization of the E-Verify System to verify the work authorization status of all newly hired
employees. Contractor shall also require all subcontractors to provide an affidavit attesting that
the subcontractor does not employ, contract with, or subcontract with, an unauthorized alien.
The Contractor shall maintain a copy of such affidavit for the duration of the contract. Failure
to comply will lead to termination of this Contract, or if a subcontractor knowingly violates the
statute, the subcontract must be terminated immediately. Any challenge to termination under
this provision must be filed in the Circuit Court no later than twenty (20)calendar days after the
date of termination. Termination of this Contract under this Section is not a breach of contract
and may not be considered as such. If this contract is terminated for a violation of the statute
by the Contractor, the Contractor may not be awarded a public contract for a period of one (1)
year after the date of termination.
26. SOVEREIGN IMMUNITY. The CITY is a political subdivision of the State of Florida. Nothing in this
Agreement is intended, nor shall be construed or interpreted, to waive or modify the immunities and
limitations on liability provided for in Section 768.28, Florida statute, as may be amended from time to
time, or any successor statute thereof. To the contrary, all terms and provisions contained in the
Agreement,or any disagreement or dispute concerning it,shall be construed or resolved so as to ensure
CITY of the limitation from liability provided to any successor statute thereof.
27. ENTITIES OF FOREIGN CONCERN. The provisions of this section apply only if Vendor or any
subcontractor will have access to an individual's personal identifying information under this Agreement.
Vendor represents and certifies: (i) Vendor 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
Vendor; and (iii) Vendor is not organized under the laws of and does not have its principal place of
business in, a foreign country of concern. Prior to Vendor and any subcontractor having access to
personal identifying information pursuant to this Agreement, Vendor and any subcontractor 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. 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.
28. PUBLIC ENTITY CRIME ACT. Vendor 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. Vendor 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 Vendor has been placed on the convicted
vendor list.
29. MISCELLANEOUS,
A. No assignment by a party hereto of any rights under or interests in this Agreement will be binding
on another party hereto without the written consent of the party sought to be bound;and specifically
but without limitation, moneys that may become due and moneys that are due may not be assigned
without such consent(except to the extent that the effect of this restriction may be limited by law),
RFP No.PWE25-003 Project Management—San Castle—Grant Funded C-9
and unless specifically stated to the contrary in any written consent to an assignment no assignment
will release or discharge the assignor from any duty or responsibility under this Agreement.
B. CITY and VENDOR each bind itself, their partners, successors, assigns, and legal representatives
to the other party hereto, their partners, successors, assigns, and legal representatives in respect
of all covenants, agreements, and obligations contained in this Agreement.
C. In the event that either party brings suit for enforcement of this Agreement, each party shall bear
its own attorney's fees and court costs, except as otherwise provided under the indemnification
provisions set forth herein above.
D. Prior to final payment of the amount due under the terms of this Agreement, to the extent permitted
by law, a final waiver of lien shall be required to be submitted by the VENDOR, as well as all
suppliers and subcontractors whom worked on the project that is the subject of this Agreement.
Payment of the invoice and acceptance of such payment by VENDOR shall release CITY from all
claims of liability by VENDOR in connection with this Agreement.
E. At all times during the performance of this Agreement, VENDOR shall protect CITY's property from
all damage whatsoever on account of the work being carried on under this Agreement.
F. It shall be the VENDOR's responsibility to be aware of and comply with all statutes, ordinances,
rules, orders, regulations, and requirements of all local, city, state, and federal agencies as
applicable.
G. This Agreement represents the entire and integrated agreement between CITY and VENDOR and
supersedes all prior negotiations, representations, or agreements, either written or oral. This
Agreement is intended by the parties hereto to be the final expression of this Agreement, and it
constitutes the full and entire understanding between the parties with respect to the subject hereof,
notwithstanding any representations, statements, or agreements to the contrary heretofore made.
In the event of a conflict between this Agreement, the solicitation, and the VENDOR's bid proposal,
this Agreement shall govern then the solicitation, and then the bid proposal. This Agreement may
be amended only by written instrument signed by both CITY and VENDOR.
H. This Agreement will take effect on the Effective Date. This Agreement may be executed by hand or
electronically in multiple originals or counterparts, each of which shall be deemed to be an original
and together shall constitute one and the same agreement. Execution and delivery of this
Agreement by the Parties shall be legally binding, valid, and effective upon delivery of the executed
documents to the other party through facsimile transmission, email, or other electronic delivery.
I. Non-Exclusive: No Guaranty. The Agreement is non-exclusive and the CITY reserves the right to
award other contracts for work falling within the scope of the Agreement. No Purchase Order(s) or
minimum amount of work or compensation is guaranteed under this Agreement.
31. ANTI-HUMAN TRAFFICKING.
On or before the Effective Date of this Agreement, VENDOR shall provide CITY with an affidavit
attesting that the VENDOR does not use coercion for labor or services, in accordance with Section
787.06(13), Florida Statutes.
33. FEDERAL REQUIREMENTS.
Notwithstanding anything to the contrary set forth herein, Vendor shall comply with all applicable
federally required standard provisions whether set forth herein below, in 2 CFR Part 200, or otherwise.
Any reference made to VENDOR in this section shall also apply to any subcontractor under the terms
of this Agreement.
34. EQUAL EMPLOYMENT OPPORTUNITY.
RFP No.PWE25-003 Project Management—San Castle—Grant Funded C-10
VENDOR shall maintain records for six (6) years following the close of the grant program and be
available for access at reasonable times and places for inspection by the authorized representative of
the City, Housing and Urban Development (HUD), and Florida Commerce, F.K.A. Florida Department
of Economic Opportunity(FDEO)and other relevant federal agencies shall have. Upon request, submit
to the Department a report of the number of minority and nonminority group employees currently
engaged in each work classification required by this Contract work.
Per 2 CFR§200.325 (b), VENDOR shall keep records as are necessary to determine compliance with
the equal employment opportunity obligations.
During the performance of this contract, the VENDOR agrees as follows:
A. VENDOR will not discriminate against any employee or applicant for employment because
of race, color, religion, sex, sexual orientation, gender identity, or national origin. VENDOR
will take affirmative action to ensure that applicants are employed and that employees are
treated during employment, without regard to their race, color, religion, sex, sexual
orientation, gender identity, or national origin. Such action shall include, but not be limited
to the following: Employment, upgrading, demotion, or transfer, recruitment or recruitment
advertising; layoff or termination; rates of pay or other forms of compensation; and
selection for training, including apprenticeship. VENDOR agrees to post in conspicuous
places, available to employees and applicants for employment, notices to be provided by
the contracting officer setting forth the provisions of this nondiscrimination clause.
B. VENDOR will, in all solicitations or advertisements for employees placed by or on behalf
of VENDOR, state that all qualified applicants will receive consideration for employment
without regard to race, color, religion, sex, sexual orientation, gender identity, or national
origin.
C. VENDOR will not discharge or in any other manner discriminate against any employee or
applicant for employment because such employee or applicant has inquired about,
discussed, or disclosed the compensation of the employee or applicant or another
employee or applicant. This provision shall not apply to instances in which an employee
who has access to the compensation information of other employees or applicants as a
part of such employee's essential job functions discloses the compensation of such other
employees or applicants to individuals who do not otherwise have access to such
information, unless such disclosure is in response to a formal complaint or charge, in
furtherance of an investigation, proceeding, hearing, or action, including an investigation
conducted by the employer, or is consistent with VENDOR 's legal duty to furnish
information.
D. VENDOR will send to each labor union or representative of workers with which it has a
collective bargaining agreement or other contract or understanding, a notice to be provided
by the agency contracting officer, advising the labor union or workers' representative of
VENDOR's commitments under section 202 of Executive Order 11246 of September 24,
1965, and shall post copies of the notice in conspicuous places available to employees
and applicants for employment
E. VENDOR will comply with all provisions of Executive Order 11246 of September 24, 1965,
and of the rules, regulations, and relevant orders of the Secretary of Labor.
F. VENDOR will furnish all information and reports required by Executive Order 11246 of
September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor,
or pursuant thereto, and will permit access to his books, records, and accounts by the
contracting agency and the Secretary of Labor for purposes of investigation to ascertain
compliance with such rules, regulations, and orders.
G. In the event of VENDOR's non-compliance with the nondiscrimination clauses of this
contract or with any of such rules, regulations, or orders, this Agreement may be canceled,
terminated, or suspended in whole or in part and VENDOR may be declared ineligible for
further Government contracts in accordance with procedures authorized in Executive Order
11246 of September 24, 1965, and such other sanctions may be imposed and
RFP No. PWE25-003 Project Management—San Castle—Grant Funded C-11
remedies invoked as provided in Executive Order 11246 of September 24, 1965. or by
rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.
H. VENDOR will include the provisions of paragraphs(A)through (H) in every subcontract or
purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor
issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that
such provisions will be binding upon each subcontractor or vendor.VENDOR will take such
action with respect to any subcontract or purchase order as may be directed by the
Secretary of Labor as a means of enforcing such provisions including sanctions for
noncompliance: Provided, however, that in the event VENDOR becomes involved in, or is
threatened with, litigation with a subcontractor or vendor as a result of such direction,
VENDOR may request the United States to enter into such litigation to protect the interests
of the United States.
I. The CITY further agrees that it will be bound by the above equal opportunity clause with
respect to its own employment practices when it participates in federally assisted
construction work: Provided, that if the CITY so participating is a state or local government,
the above equal opportunity clause is not applicable to any agency, instrumentality or
subdivision of such government which does not participate in work on or under the contract.
J. The CITY further agrees that it will assist and cooperate actively with the administering
agency and the Secretary of Labor in obtaining the compliance of contractors and
subcontractors with the equal opportunity clause and the rules, regulations, and relevant
orders of the Secretary of Labor, that it will furnish the administering agency and the
Secretary of Labor such information as they may require for the supervision of such
compliance, and that it will otherwise assist the administering agency in the discharge of
the agency's primary responsibility for securing compliance.
K. The CITY further agrees that it will refrain from entering into any contract or contract
modification subject to Executive Order 11246 of September 24, 1965, with a vendor
debarred from, or who has not demonstrated eligibility for, Government contracts and
federally assisted construction contracts pursuant to the Executive Order and will carry out
such sanctions and penalties for violation of the equal opportunity clause as may be
imposed upon vendors and subcontractors by the administering agency or the Secretary
of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the CITY agrees
that if it fails or refuses to comply with these undertakings, the administering agency may
take any or all of the following actions: Cancel, terminate, or suspend in whole or in part
this grant (contract, loan, insurance, guarantee); refrain from extending any further
assistance to the CITY under the program with respect to which the failure or refund
occurred until satisfactory assurance of future compliance has been received from such
CITY; and refer the case to the Department of Justice for appropriate legal proceedings.
35. RECORDS AND REPORTS - 2 CFR § 200.325 (b): The Vendor shall keep such records as are
necessary to determine compliance with the equal employment opportunity obligations. The records
kept will be designed to indicate the following:
A. The number of minority and non-minority group members employed in each work
classification on the project.
B. The progress and efforts being made in cooperation with unions to increase minority
group employment opportunities (applicable only to Vendors who rely in whole or in part
on unions as a source of their workforce).
C. The progress and efforts being made in locating, hiring, training, qualifying, and
upgrading minority group employees as deemed appropriate to comply with their Equal
Employment Opportunity Policy.
D. The progress and efforts being made in securing the services of minority group
subcontractors or subcontractors with meaningful minority group representation among
RFP No.PWE25-003 Project Management—San Castle—Grant Funded C-12
their employees as deemed appropriate to comply with their Equal Employment
Opportunity Policy.
All such records must be maintained for six (6) years following the close of the grant program and be
available for access at reasonable times and places for inspection by the authorized representative of
the City, Housing and Urban Development (HUD), and Florida Commerce, F.K.A. Florida Department
of Economic Opportunity (FDEO) and other relevant federal agencies shall have. Upon request,
VENDOR agrees to submit to the Department a report of the number of minority and non-minority group
employees currently engaged in each work classification required by this Contract work.
36. HUD ACT OF 1968 PER 24 CFR PART 75: Vendor shall comply with the requirements of Section 3
of the Housing and Urban Development(HUD)Act of 1968, as amended(12 U.S.C. §1701u) 12 U.S.C.
§1701u. Vendor shall ensure that"to the greatest extent feasible," when certain HUD funds are used
to assist housing and community development projects, preference for construction-related training,
jobs, and contracting opportunities go to low-and very- low income people and to businesses that are
owned by low- and very- low income persons or business. These opportunities are both gender and
race neutral.
37. DAVIS-BACON ACT. VENDOR shall comply with the Davis-Bacon Act(40 U.S.C. 276a to 276a-7)as
supplemented by Department of Labor Regulations (29 CFR Part 5). In accordance with the statute,
VENDOR must be required to pay wages to laborers and mechanics at a rate not less than the
prevailing wages specified in a wage determination made by the Secretary of Labor. In addition,
VENDOR must be required to pay wages not less than once a week.
38. COPELAND"ANTI-KICKBACK"ACT. VENDOR shall comply with the Copeland"Anti-Kickback"Act,
(40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, "Contractors
and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants
from the United States"). VENDOR must be prohibited from inducing, by any means, any person
employed in the construction, completion, or repair of public work, to give up any part of the
compensation to which he or she is otherwise entitled. CITY must report all suspected or reported
violations to the Federal awarding agency.
39. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (40 U.S.C. 3701-3708). Where
applicable, pursuant to 40 U.S.C. 3702 and 3704,as supplemented by Department of Labor regulations
(29 CFR Part 5)VENDOR must be required to compute the wages of every mechanic and laborer on
the basis of a standard work week of 40 hours.Work in excess of the standard work week is permissible
provided that the worker is compensated at a rate of not less than one and a half times the basic rate
of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C.
3704 are applicable to construction work and provide that no laborer or mechanic must be required to
work in surroundings or under working conditions which are unsanitary, hazardous or dangerous.
A. Overtime requirements. No contractor/vendor or subcontractor contracting for
any part of the contract work which may require or involve the employment of
laborers or mechanics shall require or permit any such laborer or mechanic in any
workweek in which he or she is employed on such work to work in excess of forty
hours in such workweek unless such laborer or mechanic receives compensation
at a rate not less than one and one-half times the basic rate of pay for all hours
worked in excess of forty hours in such workweek.
B Violation; liability for unpaid wages; liquidated damages. In the event of any
violation of the clause set forth in paragraph (A) of this section the VENDOR and
any subcontractor responsible therefor shall be liable for the unpaid wages. In
addition, such contractor/vendor and subcontractor shall be liable to the United
States (in the case of work done under contract for the District of Columbia or a
territory, to such District or to such territory), for liquidated damages. Such
liquidated damages shall be computed with respect to each individual laborer or
mechanic, including watchmen and guards, employed in violation of the clause set
forth in paragraph (A) of this section, in the sum of$10 for each calendar day on
which such individual was required or permitted to work in excess of the standard
workweek of forty hours
RFP No.PWE25-003 Project Management—San Castle—Grant Funded C-13
without payment of the overtime wages required by the clause set forth in
paragraph
(A) of this section.
C. Withholding for unpaid wages and liquidated damages. CITY shall upon its
own action or upon written request of an authorized representative of the
Department of Labor withhold or cause to be withheld, from any moneys payable
on account of work performed by VENDOR or subcontractor under any such
contract or any other Federal contract with the same prime contractor/vendor, or
any other federally- assisted contract subject to the Contract Work Hours and
Safety Standards Act, which is held by the same prime contractor/vendor, such
sums as may be determined to be necessary to satisfy any liabilities of such
contractor/vendor or subcontractor for unpaid wages and liquidated damages as
provided in the clause set forth in paragraph (26.4.2) of this section.
D. Subcontracts. VENDOR or subcontractor shall insert in any subcontracts the
clauses set forth in paragraph (A) through (D) of this section and also a clause
requiring the subcontractors to include these clauses in any lower tier
subcontracts. The prime contractor/vendor shall be responsible for compliance by
any subcontractor or lower tier subcontractor with the clauses set forth in
paragraphs(A)through (D) of this section.
40. VENDOR agrees to comply with all applicable standards, orders or regulations issued pursuant to the
Clean Air Act (42 U.S.C. 7401- 7671q) and the Federal Water Pollution Control Act, as amended (33
U.S.C. 1251-1387). CITY will report violations to the Federal awarding agency and the Regional Office
of the Environmental Protection Agency (EPA).
A. Clean Air Act. VENDOR agrees to comply with all applicable standards, orders or
regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401
et seq. VENDOR agrees to report each violation to CITY and understands and
agrees that the CITY will, in turn, report each violation as required to assure
notification to the State, Federal Emergency Management Agency, and the
appropriate Environmental Protection Agency Regional Office. VENDOR agrees
to include these requirements in each subcontract exceeding $150,000 financed
in whole or in part with Federal assistance.
B. Federal Water Pollution Control Act. VENDOR agrees to comply with all
applicable standards, orders or regulations issued pursuant to the Federal Water
Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. VENDOR agrees to
report each violation to the CITY and understands and agrees that the CITY will,
in turn, report each violation as required to assure notification to the State, Federal
Emergency Management Agency, and the appropriate Environmental Protection
Agency Regional Office. VENDOR agrees to include these requirements in each
subcontract exceeding one hundred fifty thousand dollars ($150,000) financed in
whole or in part with Federal assistance.
41. FEDERAL SYSTEM FOR AWARD MANAGEMENT: Vendor shall comply with the (Executive Orders
12549 and 12689) - A contract award (see 2 CFR 180.220) shall not be made to parties listed on the
governmentwide exclusions in the System for Award Management(SAM), in accordance with the OMB
guidelines at 2 CFR 180 that implement Executive Orders 12549(3 CFR part 1986 Comp., p. 189)and
12689 (3 CFR part 1989 Comp., p. 235), "Debarment and Suspension." SAM Exclusions contains the
names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared
ineligible under statutory or regulatory authority other than Executive Order 12549.
42. DEBARMENT AND SUSPENSION (Certification Required). A completed "Certification Regarding
Debarment and Suspension" is required prior to award. This Agreement is a covered transaction for
purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000, as such VENDOR is required to verify that none of
the VENDOR's agents, principals (defined at 2 C.F.R. § 180.995), or affiliates (defined at 2 C.F.R. §
180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935).
RFP No.PWE25-003 Project Management—San Castle—Grant Funded C-14
A. VENDOR must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000,
subpart C and must include a requirement to comply with these regulations in any
lower tier covered transaction it enters into. This certification is a material
representation of fact relied upon by CITY. If it is later determined that VENDOR
did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C,
in addition to remedies available to State and CITY, the Federal Government may
pursue available remedies, including but not limited to suspension and/or
debarment.
B. The Vendor or proposer agrees to comply with the requirements of 2 C.F.R. pt.
180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and
throughout the period of any contract that may arise from this offer. The Vendor or
proposer further agrees to include a provision requiring such compliance in its
lower tier covered transactions.
43. BYRD ANTI-LOBBYING AMENDMENT,AS AMENDED (31 U.S.C. $ 1352). VENDOR shall file the
required certification pursuant to 31 U.S.C. 1352. Each tier certifies to the tier above that it will not and
has not used Federal appropriated funds to pay any person or organization for influencing or attempting
to influence an officer or employee of any agency, a member of Congress, officer or employee of
Congress, or an employee of a member of Congress in connection with obtaining any Federal contract,
grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with
non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures
are forwarded from tier to tier up to the recipient.
44. COMPLIANCE WITH STATE ENERGY POLICY AND CONSERVATION ACT. VENDOR shall comply
with all mandatory standards and policies relating to energy efficiency contained in the State energy
conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub. L. 94-163,
89 Stat. 871).
45. PROCUREMENT OF RECOVERED MATERIALS. The CITY and VENDOR must comply with Section
6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act.
The requirements of Section 6002 include procuring only items designated in guidelines of the
Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of
recovered materials practicable, consistent with maintaining a satisfactory level of competition, where
the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the
preceding fiscal year exceeded
$10,000; procuring solid waste management services in a manner that maximizes energy and resource
recovery; and establishing an affirmative procurement program for procurement of recovered materials
identified in the EPA guidelines.
46. REPORTING. Pursuant to 44 CFR 13.36(i)(7), VENDOR shall comply with federal requirements and
regulations pertaining to reporting, including but not limited to those set forth at 44 CFR 40 and 41, if
applicable. Furthermore, both parties shall provide the FEMA Administrator, U.S. DOT Administrator,
the Comptroller General of the United States, or any of their authorized representative access to any
books, documents, papers, and records of VENDOR which are directly pertinent to this contract for the
purpose of making audits, examinations, excerpts, and transcriptions. Also, both Parties agree to
provide FEMA Administrator or his authorized representative access to construction or other work sites
pertaining to the work being completed under the Agreement.
47. RIGHTS TO INVENTIONS. VENDOR agrees that if this Agreement results in any copyrightable
materials or inventions, the Federal Government reserves a royalty-free, nonexclusive and irrevocable
license to reproduce, publish or otherwise use the copyright of said materials or inventions for Federal
Government purposes.
48. NO OBLIGATION BY THE FEDERAL GOVERNMENT. The federal government is not a party to this
contract and is not subject to any obligations or liabilities to the non-federal entity, vendor, or any other
party pertaining to any matter resulting from the contract.
49. DEPARTMENT OF HOMELAND SECURITY(DHS) SEAL, LOGO,AND FLAGS. VENDOR shall not
use
RFP No.PWE25-003 Project Management—San Castle—Grant Funded C-15
DHS(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific
federal pre-approval.
RFP No.PWE25-003 Project Management—San Castle—Grant Funded C-16
50. COMPLIANCE WITH FEDERAL LAW, REGULATIONS,AND EXECUTIVE ORDERS. This is an
acknowledgement that federal financial assistance will be used to fund the Agreement only. VENDOR
will comply with all applicable federal law, regulations, executive orders, policies, procedures, and
directives.
51. FRAUDULENT STATEMENTS. VENDOR acknowledges that 31 U.S.C. Chap. 38 applies to
VENDOR's actions pertaining to this Agreement.
52. PROHIBITION ON CONTRACTING FOR COVERED TELECOMMUNICATIONS EQUIPMENT OR
SERVICES. As used in this clause, the terms backhaul; covered foreign country; covered
telecommunications equipment or services; interconnection arrangements; roaming; substantial or
essential component; and telecommunications equipment or services have the meaning as defined in
FEMA Policy 405-143-1, Prohibitions on Expending FEMA Award Funds for Covered
Telecommunications Equipment or Services (Interim), as used in this clause.
A. Prohibitions.
i. Section 889(b)of the John S. McCain National Defense Authorization Act
for Fiscal Year 2019, Pub. L. No. 115-232, and 2 C.F.R. §200.216 prohibit
the head of an executive agency on or after Aug.13, 2020, from obligating
or expending grant, cooperative agreement, loan, or loan guarantee funds
on certain telecommunications products or from certain entities for national
security reasons.
ii. Unless an exception in paragraph (B) of this clause applies, the VENDOR
and its subcontractors may not use grant, cooperative agreement, loan, or
loan guarantee funds from the Federal Emergency Management Agency
to:
a. Procure or obtain any equipment, system, or service that uses covered
telecommunications equipment or services as a substantial or essential
component of any system, or as critical technology of any system;
b. Enter into, extend, or renew a contract to procure or obtain any
equipment, system, or service that uses covered telecommunications
equipment or services as a substantial or essential component of any
system, or as critical technology of any system;
c. Enter into, extend, or renew contracts with entities that use covered
telecommunications equipment or services as a substantial or essential
component of any system, or as critical technology as part of any system;
or
d. Provide, as part of its performance of this contract, subcontract, or other
contractual instrument, any equipment, system, or service that uses
covered telecommunications equipment or services as a substantial or
essential component of any system, or as critical technology as part of any
system.
B. Exceptions.
i. This clause does not prohibit VENDOR from providing: (a) A service that
connects to the facilities of a third-party, such as backhaul, roaming, or
interconnection arrangements; or(b)Telecommunications equipment that
cannot route or redirect user data traffic or permit visibility into any user
data or packets that such equipment transmits or otherwise handles.
ii. By necessary implication and regulation, the prohibitions also do not apply
to: (a) Covered telecommunications equipment or services that: i. Are not
used as a substantial or essential component of any system; and ii. Are
RFP No.PWE25-003 Project Management—San Castle—Grant Funded C-17
not used as critical technology of any system. (b) Other
telecommunications equipment or services that are not considered
covered telecommunications equipment or services.
RFP No.PWE25-003 Project Management—San Castle—Grant Funded C-18
C. Reporting requirement.
i. In the event VENDOR identifies covered telecommunications equipment
or services used as a substantial or essential component of any system,
or as critical technology as part of any system, during contract
performance, or the vendor is notified of such by a subcontractor at any
tier or by any other source, the vendor shall report the information in
paragraph (ii) of this clause to the recipient or subrecipient, unless
elsewhere in this contract are established procedures for reporting the
information.
ii. The VENDOR shall report the following information pursuant to this section:
(i) Within one business day from the date of such identification or
notification: The contract number; the order number(s), if applicable;
supplier name; supplier unique entity identifier (if known); supplier
Commercial and Government Entity (CAGE) code (if known); brand;
model number (original equipment manufacturer number, manufacturer
part number, or wholesaler number); item description; and any readily
available information about mitigation actions undertaken or
recommended. (ii) Within ten (10) business days of submitting the
information required by this Section: Any further available information
about mitigation actions undertaken or recommended. In addition, the
vendor shall describe the efforts it undertook to prevent use or submission
of covered telecommunications equipment or services, and any additional
efforts that will be incorporated to prevent future use or submission of
covered telecommunications equipment or services. The VENDOR shall
insert the substance of this clause, including this in all subcontracts and
other contractual instruments.
53. DOMESTIC PREFERENCE FOR PROCUREMENTS. As appropriate, and to the extent consistent with
law, the VENDOR should, to the greatest extent practicable, provide a preference for the purchase,
acquisition, or use of goods, products, or materials produced in the United States. This includes, but is
not limited to iron, aluminum, steel, cement, and other manufactured products. For purposes of this
clause: Produced in the United States means, for iron and steel products, that all manufacturing
processes, from the initial melting stage through the application of coatings, occurred in the United
States. Manufactured products mean items and construction materials composed in whole or in part of
non-ferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride
pipe; aggregates such as concrete; glass, including optical fiber; and lumber.
54. AFFIRMATIVE SOCIOECONOMIC STEPS. If subcontracts are to be let, VENDOR is required to take
all necessary steps identified in 2 C.F.R. § 200.321(b)(1)-(5) to ensure that small and minority
businesses, women's business enterprises, and labor surplus area firms are used when possible.
55. LICENSE AND DELIVERY OF WORKS SUBJECT TO COPYRIGHT AND DATA RIGHTS. If
applicable,
the VENDOR grants to CITY, a paid-up, royalty-free, nonexclusive, irrevocable, worldwide license in
data first produced in the performance of this contract to reproduce, publish, or otherwise use, including
prepare derivative works, distribute copies to the public, and perform publicly and display publicly such
data. For data required by the contract but not first produced in the performance of this contract,
VENDOR will identify such data and grant to the CITY or acquire on its behalf a license of the same
scope as for data first produced in the performance of this contract. Data, as used herein, shall include
any work subject to copyright under 17 U.S.C. § 102, for example, any written reports or literary works,
software and/or source code, music, choreography, pictures or images, graphics. sculptures, videos,
motion pictures or other audiovisual works, sound and/or video recordings, and architectural works.
Upon or before the completion of this contract,VENDOR will deliver to the VENDOR data first produced
in the performance of this contract and data required by the contract but not first produced in the
performance of this contract in formats acceptable by VENDOR.
THE REMAINDER OF THE PAGE 1S INTENTIONALLY LEFT BLANK.
RFP No.PWE25-003 Project Management—San Castle—Grant Funded C-19
SIGNATURE PAGE FOLLOWS
RFP No.PWE25-003 Project Management—San Castle—Grant Funded C-20
RFP No.PWE25-003 Project Management—San Castle—Grant Funded C-21
This Agreement will take effect once signed by both parties. This Agreement may be signed by the
parties in counterparts, whether signed physically or electronically, which together shall constitute one and
the same agreement among the parties. A facsimile signature shall constitute an original signature for all
purposes.
IN WITNESS WHEREOF, the parties have hereunto set their hands and seals on the day and year
set forth below their respective signatures.
CI F BOYNTON BEACH VENDOR
COLLIERS PROJECT LEADERS USA NE, LLC
,3(71(ar714,2143, 4- V,1 (Kt 1 V--4R
Rebecca Shelton, Mayor (Authorized- fficial Name), (Vendor)
1
OW' Pnn ame of Authorized Official
!'SIV I Slo{--4 64,cc i D2
Title:
y 2�a, �15
Date:
_... „Nx
^
••• ••C//,,1%,� (Corporate Seal)
f >:
I .z7: � .:3, C)• I
° ('-J
ID:' -21 A: O j
o: 'Z 0
Attest/Authenticated:_� �t1 ••o ' '?• O.'',
% ` 9
,•.`" Witness
Print Name
Approved as to Form:
°4."-n6
2u)/IG Li .
Shawna G. Lamb, Office of the City Attorney
est/ uthe ticate
� 1 r
Maylee me 4 -sus, City Clerk
RFP No. PWE25-003 Project Management—San Castle—Grant Funded C-22
ATTACHMENTS
'C Y
To N �'
4"1.
RFP No. PWE25-003 Project Management—San Castle—Grant Funded
ATTACHMENT "A"
The City of Boynton Beach
VENDOR INSURANCE REQUIREMENTS 1. INSURANCE REQUIREMENTS:
The successful bidder/contractor/firm or individual entering a resulting contract with the City shall provide,
pay for and maintain in full force and affect at all times during the services to be performed the applicable
insurance as set forth below.(Proof that insurance meets the City's requirements must be provided prior to
providing services to the City of Boynton Beach.)
Commercial General Liability
Coverage must be afforded under a Commercial General Liability policy with limits not less than:
•$1,000,000 each occurrence
•$3,000,000 annual aggregate for Bodily Injury, Personal Injury,and Advertising Injury
•$1,000,000 per occurrence for Property Damage
•$1,000,000 each occurrence and$2,000,000 project aggregate for Products
and Completed Operations
Policy must include coverage for Contractual Liability, Independent Contractors.
Business Automobile Liability
Coverage must be afforded for all Owned,Hired,Scheduled,and Non-Owned vehicles for Bodily
Injury and Property Damage in an amount not less than$1,000,000
per accident. If the Contractor does not own vehicles,the Contractor shall maintain coverage for Hired and
Non- Owned Auto Liability, which may be satisfied by way of endorsement to the Commercial General
Liability policy or separate Business Auto Liability policy.
Professional Liability/Malpractice
Coverage must be afforded under a Professional/Allied Health/Malpractice Liability policy with limits not
less than:
•$2,000,000 each claim
• $3,000,000 annual aggregate
Workers' Compensation and Employer's Liability
Coverage must be afforded per Chapter 440,Florida Statutes. Any contractor performing work on behalf of
the City must provide Workers' Compensation insurance of at least the statutory requirements in addition to
Employer's Liability in the amount not less than$1,000,000 per accident. Exceptions and exemptions will be
allowed by the City's Risk Management Department,if they are in accordance with Florida Statute.
The Contractor and its insurance carrier waive all subrogation rights against the City,a political subdivision
of the State of Florida,its officials,employees,and volunteers for all losses or damages.The City requires the
policy to be endorsed with WC00 03 13 Waiver of our Right to Recover from others or equivalent.
Contractor must be in compliance with all applicable State and federal workers'compensation laws,including
the U.S. Longshore and Harbor Workers'Compensation Act or Jones Act,if applicable.
For any Contractor who has exempt status as an individual,the City requires proof of Workers'Compensation
insurance coverage for that Contractor's employees, leased employees, volunteers, and any workers
performing work in execution of this Contract.
If the Contractor has applied for a workers' compensation exemption, the City does not recognize this
exemption to extend to the employees of the Contractor. The Contractor is required to provide proof of
coverage for their employees, leased employees, volunteers and any workers performing work in execution
of this Contract.This applies to all contractors including but not limited to the construction industry.
Contractors Pollution Liability Coverage
For sudden and gradual occurrences and in an amount not less than$1,000,000 per claim arising out of this
Contract, including but not limited to,all hazardous materials identified under the Contract.
Contractor must keep insurance in force until the third anniversary of expiration of this Contract or the third
anniversary of acceptance of work by the CITY.
Insurance Advisory—Attachment A
Property Coverage(Builder's Risk)
Coverage must be afforded in an amount not less than 100% of the total project cost, including soft costs,
with a deductible of no more than$25,000 each claim. Coverage form shall include, but not be limited to:
•All Risk Coverage including Flood and Windstorm with no coinsurance clause
• Guaranteed policy extension provision
• Waiver of Occupancy Clause Endorsement,which will enable the City to occupy the facility under
construction/renovation during the activity
•Storage and transport of materials,equipment,supplies of any kind whatsoever to be used on or
incidental to the project
• Equipment Breakdown for cold testing of all mechanized, pressurized, or electrical equipment
For installation of property and/or equipment, Contractor must provide Builder's Risk Installation insurance
to include coverage for materials or equipment stored at the project site,while in transit, or while stored at a
temporary location. Coverage limit must be no less than replacement cost.
This policy shall insure the interests of the owner,contractor,and subcontractors in the property against all
risk of physical loss and damage, and name the City as a loss payee. This insurance shall remain in effect
until the work is completed and the property has been accepted by the City.
Insurance Certificate Requirements
a.The Contractor shall provide the City with valid Certificates of Insurance(binders re unacceptable)no later
than thirty (30) days prior to the start of work contemplated in this Contract.
b. The Contractor shall provide a Certificate of Insurance to the City with a thirty (30) day notice of
cancellation;ten(10)days' notice if cancellation is for nonpayment of premium.
c. In the event that the insurer is unable to accommodate the cancellation notice requirement, it shall be the
responsibility of the Contractor to provide the proper notice. Such notification will be in writing by registered
mail,return receipt requested,and addressed to the certificate holder.
d.In the event the Contract term goes beyond the expiration date of the insurance policy,the Contractor shall
provide the City with an updated Certificate of Insurance no later than ten (10)days prior to the expiration of
the insurance currently in effect.The City reserves the right to suspend the Contract until this requirement is
met.
e. The certificate shall indicate if coverage is provided under a claims-made or occurrence form. If any
coverage is provided on a claims-made form,the certificate will show a retroactive date,which should be the
same date of the initial contract or prior.
f. The City shall be named as an Additional Insured on all liability policies,with the exception of Workers'
Compensation.
g.The City shall be granted a Waiver of Subrogation on the Contractor's Workers'Compensation insurance
policy.
h. The Contract, Bid/Contract number,event dates,or other identifying reference must be listed on the
certificate.
The Certificate Holder should read as follows:
City of Boynton Beach
Attn: Risk Management
100 E. Ocean Ave
Boynton Beach, FL 33435
The Contractor has the sole responsibility for all insurance premiums and shall be fully and solely responsible
for any costs or expenses as a result of a coverage deductible,co-insurance penalty,or self-insured retention;
including any loss not covered because of the operation of such deductible, co-insurance penalty, self-
insured retention,or coverage exclusion or limitation.Any costs for adding the City as an Additional Insured
shall be at the Contractor's expense.
If the Contractor's primary insurance policy/policies do not meet the minimum requirements, as set forth in
this Contract, the Contractor may provide an Umbrella/Excess insurance policy to comply with this
requirement.
The Contractor's insurance coverage shall be primary insurance as respects to the City, a political
subdivision of the State of Florida, its officials,employees, and volunteers.Any insurance or self-insurance
maintained by the City, its officials, employees, or volunteers shall be excess of Contractor's insurance and
shall be non-contributory.
Any exclusions or provisions in the insurance maintained by the Contractor that excludes coverage for work
contemplated in this Contract shall be deemed unacceptable and shall be considered breach of contract.
Insurance Advisory—Attachment A
All required insurance policies must be maintained until the contract work has been accepted by the City,
and/or this Contract is terminated.Any lapse in coverage shall be considered breach of contract.In addition,
Contractor must provide confirmation of coverage renewal via an updated certificate should any policies
expire prior to the expiration of this Contract. The City reserves the right to review, at any time, coverage
forms and limits of Contractor's insurance policies.
All notices of any claim/accident (occurrences) associated with this Contract, shall be provided to the
Contractor's insurance company and the City's Risk Management office as soon as practical.
It is the Contractor's responsibility to ensure that all independent and subcontractors comply with these
insurance requirements. All coverages for independent and subcontractors shall be subject to all of the
requirements stated herein.Any and all deficiencies are the responsibility of the Contractor.
NOTE: These are minimal insurance requirements. Additional insurance, (e.g., Sexual Assault and
Molestation, etc.) may be required based upon the type of event, event location, and/or number of
participants.
Revised 04/25/2025
Insurance Advisory—Attachment A
ATTACHMENT "B"
SAMPLE PERFORMANCE EVALUATION QUESTIONNAIRE
(FOR INFORMATIONAL PURPOSES ONLY)
Instructions: Performance evaluations shall be completed by the Project Manager for the following: (1) all Contracts; (2) all individual Task Orders/Work Orders. Task Orders/Work
Orders/Purchase Orders with a term of six (6) months or more at a minimum, the Project Manager shall complete performance evaluations at the mid-point of the project term or at
more frequent intervals as required by the Task Order/Work Order/Purchase Order and at the time of Task Order/Work Order/Purchase Order or Contract completion.
It is especially important for the Project Manager to contact a Procurement representative to advise of any performance issues so that Procurement can assist with efforts to bring
performance back to acceptable standards. It is equally important to complete this form whenever any of the performance indicators are either"marginal"or"unsatisfactory"even when
this is not within the normal review cycle. In the event the Average Rating Score is"marginal"or"unsatisfactory"even after reasonable efforts have been taken by the City to improve
performance,the Project Manager shall coordinate with Procurement to determine what action needs to be taken under the circumstances.
When completed, forward the evaluation form to Procurement. Procurement will keep track of the Average Rating Scores(Line 11)for all evaluations completed for the entire term of
the Contract,Task Order, and Work Order. The completed Performance Evaluation form will be retained in Procurement and will be available as a record of current performance for
use in the evaluation process of future solicitations released by the District.The completed evaluation is available to the contractor upon a Public Records request pursuant to Chapter
119, F.S.
Contract/Work Order No. Contractor Evaluation Period ❑ Interim
❑ Final
Project Title If evaluating under a work order contract, specify type
Check the appropriate ratings for Lines 1 through 8.
Sum the individual ratings, by column,to produce the Individual Column Ratings on Line 9.
Sum the Individual Column Ratings in Line 9 to produce the Total Rating Score on Line 10.
Divide the Total Rating Score in Line 10 by the number 8(the number of performance indicators in Lines 1-8)to produce the Average Rating Score in Line 11.
Performance Indicators Rating
Unsatisfactory Marginal Satisfactory Very Good Exceptional
1. Planning&Approach _ 1 ❑ 2 ❑ 3 ❑ 4 ❑ 5
2. Staff Capability ❑ 1 ❑ 2 ❑ 3 ❑ 4 f 1 5
3. Staff Effectiveness ❑ 1 ❑ 2 ❑ 3 ❑ 4 • ❑ 5
4. Flexibility in Meeting City's Goals ❑ 1 ❑ 2 ❑ 3 ❑ 4 ❑ 5
5. Promptness of Deliverables/Milestones/Reports ❑ 1 ❑ 2 ❑ 3 ❑ 4 ❑ 5
!
6. Report and Drawings Quality ❑ 1 ❑ 2 ❑ 3 ❑ 4 1 I 5
7, Quality of Work Completed ❑ 1 ❑ 2 ❑ 3 ❑ 4 ❑ 5
8. Contract Under or at Budgeted Cost and Invoicing Procedures ❑ 1 ❑ 2 ❑ 3 ❑ 4 ❑ 5
9. Individual Column Rating(Total lines 1-8.)
10. Total Rating Score(Total row 9.)
11. Average Rating Score(Divide line 10 by the number 8.)
RFP No.PWE25-003 Project Management—San Castle—Grant Funded Performance Evaluation Form Attachment B
In Lines 12 through 21, provide any additional detail,as deemed necessary,to support the ratings given in Lines 1 through 8 as well as any additional comments regarding
Sub-consultant/sub-contractor utilization on Line 20.Additional space is available on Line 22 if needed.
12. Current tasks completed and/or deliverables received? If no, reason: Yes
No
13. Current work completed ahead/on schedule?If no, number of days late: and reason: Yes
No
14. Contract currently under/at budgeted cost? If not at budget,specify amount over$ and reason: Yes
No
15. Contractor strengths:
16. Contractor weaknesses:
17. Specific problems incurred:
18. How may these have been prevented?
19. Additional comments/recommendations:
20. Comments on sub-contractor utilization:
21. Currently recommend firm for future contracts,task orders,and/or work orders of this type?If"No"or"Possibly",an explanation must be I I Yes
Project Manager(sign) Date Department Administrator(sign) Date I—I No
22. Please indicate any additional comments corresponding to Performance Indicators(Lines 1-8)on Page 1 –explain marginal/unsatisfactory performance; either
"No"or"Possibly"apply to Question 21,an explanation must be provided here.Additional sheets may be attached if necessary.
Number Remarks
CONTRACT MANAGEMENT/PROCUREMENT USE ONLY
Please indicate any additional comments corresponding to the numbered question on Page 1 and/or Page 2:
Number Remarks
#
#
Evaluation Number/Score: Comments:
Running Average Score:
Procurement Representative(sign) Date Other Required Approval pproval(sign) Date
RFP No PWE25-003 Project Management—San Castle—Grant Funded Performance Evaluation Form Attachment B