R26-084 RESOLUTION NO. R26-084
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
2 BOYNTON BEACH, FLORIDA, APPROVING AN AGREEMENT
3 BETWEEN THE CITY AND CANOPY MAPPING COMPANY
4 INCORPORATED FOR CONTINUING GEOGRAPHIC
5 INFORMATION SYSTEM CONSULTING AND PROFESSIONAL
6 SERVICES IN THE AMOUNT OF $150,000 ANNUALLY
7 PURSUANT TO THE SINGLE SOURCE PROCUREMENT
R EXEMPTION; AND FOR ALL OTHER PURPOSES.
9
10 WHEREAS, the City of Boynton Beach operates a hybrid Esri geographic information
11 system (GIS) environment that includes ArcGIS Online, ArcGIS Enterprise 10.9.1, federated
12 publishing, and hosted applications critical to City operations; and
13 WHEREAS, the City requires GIS technical support services, including automated backup
14 for its ArcGIS Online and ArcGIS Enterprise environments, emergency support, upgrade planning
15 for ArcGIS Enterprise 11.3 or above, Land Management Files, Utilities, Beautification and Median
16 Asset Mapping, Data Migration, and Utility Network Modernization; and
17 WHEREAS, Canopy Mapping Company Incorporated ("Consultant") is the sole developer
18 and exclusive owner of proprietary tools (Backups for ArcGIS Online and ArcGIS Enterprise backup
19 automation code)that are already integrated into the City's GIS infrastructure and provide unified,
20 item-level backup and recovery functionality across both platforms; and
21 WHEREAS, this purchase is being made pursuant to the Sole Source Procurement
22 Exemption outlined in Section X, Alternatives to Formal Sealed Bids, of the procurement policy,
23 which permits sole source services and purchases when it is determined that only one viable
24 source is available; and
25 WHEREAS, Consultant has submitted the required documentation to the City, and the
26 Procurement Division has affirmed that the documentation for this purchase meets the criteria for
27 the Sole Source Procurement Exemption; and
28 WHEREAS, the City desires to engage Consultant to provide such Services to the City on
29 an as-needed basis according to the terms and subject to the conditions set forth in the
30 Agreement; and
31 WHEREAS, the City Commission, upon the recommendation of staff, has deemed it in the
32 best interests of the City's citizens and residents to approve an Agreement between the City and
RESOLUTION NO. R26-084
33 Canopy Mapping Company Incorporated for Continuing Geographic Information System
34 Consulting and Professional Services in the amount of $150,000 annually pursuant to the single
35 source procurement exemption.
36
37 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON
38 BEACH, FLORIDA, THAT:
39 SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
40 being true and correct and are hereby made a specific part of this Resolution upon adoption.
41 SECTION 2. The City Commission of the City of Boynton Beach, Florida, does hereby
42 approve an Agreement between the City and Canopy Mapping Company Incorporated for
43 Continuing Geographic Information System Consulting and Professional Services in the amount
44 of 150,000 annually pursuant to the single source procurement exemption (the "Agreement"), in
45 form and substance similar to that attached as Exhibit A.
46 SECTION 3. The City Commission of the City of Boynton Beach, Florida, hereby
47 authorizes the Mayor to execute the Agreement. The Mayor is further authorized to execute any
48 ancillary documents required under the Agreement or necessary to accomplish the purposes of
49 the Agreement, including any task orders in amounts up to the annual not to exceed amount and
50 term extensions as provided in the Agreement, provided such documents do not modify the
51 financial terms or material terms.
52 SECTION 4. The City Commission of the City of Boynton Beach, Florida, hereby
53 authorizes the City Manager to execute any Task Orders in accordance with the City's procurement
54 policy thresholds.
55 SECTION 5. The City Clerk shall retain the fully executed Agreement as a public record
56 of the City. A copy of the fully executed Agreement shall be provided to Stephanie Brown to
57 forward to the Consultant.
58 SECTION 6. This Resolution shall take effect in accordance with the law.
59
60 [SIGNATURES ON THE FOLLOWING PAGE]
RESOLUTION NO. R26-084
61
62 PASSED AND ADOPTED this day of CIM 0-1/41 2026.
63 CITY OF BOYNTON BEACH, FLORIDA
64 YES NO
65 Mayor— Rebecca Shelton ✓
66
67 Vice-Mayor—Thomas Turkin ✓
68
69 Commissioner—Angela Cruz ✓
70
71 Commissioner— Mack McCray V
72
73 Commissioner—Aimee Kelley ✓
74
75 VOTE Fl —0
76 ATTEST:
77
78 titin[ AMC' .,A j .
79 Tammy Sta one, CMCv Rebecca Shelton
80 Interim City Clerk Mayor
81
82 :OYNT �`%% APPROVED AS TO FORM:
83 (Corporate Seal) ; c
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84 ' SEAL =�'s
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85 , :INCORPORATED i
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87 �� ••. •••••..•' City Attorney
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AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND CANOPY MAPPING COMPANY
INCORPORATED, FOR CONTINUING GIS CONSULTING / PROFESSIONAL SERVICES
This Agreement is made as of this VI day of t•--i , 2026, (the "Effective Date")
by and between Canopy Mapping Company Incorporated, a foreign corporation authorized to
transact business in Florida, with a principal address of 7901 4th Street North, STE 8383, St.
Petersburg, FL 33702, hereinafter referred to as "Consultant," and the City of Boynton Beach, a
municipal corporation organized and existing under the laws of Florida, with a business address
of 100 East Ocean Avenue, Boynton Beach, Florida 33435, hereinafter referred to as "City." In
consideration of the mutual benefits, terms, and conditions hereinafter specified, the Parties
agree as set forth below.
WHEREAS, the City of Boynton Beach operates a hybrid Esri geographic information
system (GIS) environment that includes ArcGIS Online, ArcGIS Enterprise 10.9.1, federated
publishing, and hosted applications critical to City operations; and
WHEREAS, the City requires GIS technical support services including automated backup for
its ArcGIS Online and ArcGIS Enterprise environments, emergency support, upgrade planning for
ArcGIS Enterprise 11.3 or above, Land Management Files, Utilities, Beautification and Median
Asset Mapping, Data Migration, and Utility Network Modernization; and
WHEREAS, Consultant is the sole developer and exclusive owner of proprietary tools(Backups
for ArcGIS Online and ArcGIS Enterprise backup automation code) that are already integrated
into the City's GIS infrastructure and provide unified, item-level backup and recovery
functionality across both platforms; and
WHEREAS, this purchase is being made pursuant to the Sole Source Procurement Exemption
outlined in Section X, Alternatives to Formal Sealed Bids, of the procurement policy, which permits
sole source services and purchases when it is determined that only one viable source is available;
and
WHEREAS, Consultant has submitted the required documentation to the City, and the
Procurement Division has affirmed that the documentation for this purchase meets the criteria
for the Sole Source Procurement Exemption; and
WHEREAS, the City desires to engage Consultant to provide such Services to the City on an
as-needed basis according to the terms and subject to the conditions set forth in this Agreement.
Consulting Services—Canopy Mapping Company Incorporated
5.5.2026(I.G.)
NOW THEREFORE, for and 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:
1. SERVICES AND METHOD OF ORDERING SERVICES.
a. Services. Consultant shall provide the type of services described in the Scope of
Services attached hereto as Exhibit A (which services are hereinafter referred to as
the "Services"). Consultant may be requested to provide specific Services for various
tasks or projects. The Consultant shall render the Services in a diligent, careful,
thorough, and professional manner, consistent with sound business practices, and
shall at all times provide the City with the most sound and reasonable
recommendations and advice. The standard of care for all Services performed or
furnished by the Consultant under this Agreement will be the care and skill ordinarily
used by members of the Consultant's profession practicing under similar
circumstances or at the same time and in the same locality. Consultant acknowledges
that this is an as-needed agreement, and that award of this Agreement to Consultant
does not guarantee work will be requested by City, and City's election not to issue
Task Order(s) shall not be deemed a breach of this Agreement, nor shall Consultant
be entitled to any claim for lost profits, lost opportunities, or other damages based on
the City's decision to obtain similar or identical services from others or not to issue
Task Orders.
b. Method of Ordering Services. Services will be rendered in response to periodic
written Task Orders (each a "Task Order") issued by the City on an as-needed basis.
For each task or assignment, the City shall request the Consultant to develop for
review by the City:
i. A scope of services;
ii. An estimate of fees and costs based on the hourly rates established in this
Agreement with sufficient detail to identify the various elements of costs,
which amount shall constitute a guaranteed maximum and shall not be
exceeded without the prior written approval of City;
iii. A task/deliverable schedule; and
iv. A payment schedule based on deliverables, which may not be front-
loaded.
The Consultant and City shall execute a written Task Order upon mutual agreement
of the scope of services, fees and costs, task/deliverable schedule, and payment
schedule. City shall not be liable to pay for any Services provided without a properly
executed Task Order. Upon complete execution of a Task Order and issuance of a
Purchase Order, Consultant shall provide all Services described in the Task Order,
including all necessary, incidental, and related activities required for the full and
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5.5.2026(LG.) 2
complete performance of such Services.The form of the Task Order is attached hereto
as Exhibit B.Any Task Order exceeding the then-current procurement policy threshold
shall require approval from the City Commission.
c. Use of Subconsultants. Consultant shall utilize only the subconsultants identified in a
Task Order to provide the Services. Consultant shall obtain written approval of the
City before changing or modifying any subconsultants, which shall be automatically
updated upon such written approval. Consultant shall bind in writing every approved
subconsultant to the terms stated in this Agreement and the applicable Task Order,
provided that this provision shall not, in and of itself, impose the insurance
requirements set forth in Article 23 on Consultant's subconsultants.
d. Correction of Deficiencies: Non-Compensable Rework. Consultant shall, without
additional compensation, promptly correct any errors, omissions, deficiencies, or
negligent acts in the Services, including any Deliverables,documents, or work product.
Consultant shall be responsible for all costs associated with corrections, redesign,
revisions, or other remedial services required due to Consultant's or its
subconsultants' failure to comply with the professional standard of care outlined in
this Agreement. Failure to correct deficiencies within a reasonable time, as
determined by the City, shall constitute a material breach of this Agreement.
2. TERM. This Agreement shall be for an initial term of three (3) years, commencing upon
full execution of the Agreement and shall remain in effect for a period of three (3) years
("Initial Term"), unless otherwise terminated or extended as provided in this Agreement.
The City reserves the right to renew the Agreement for one (1) additional two-year
renewal term ("Extension Term") on the same terms and conditions stated in this
Agreement, subject to Consultant's satisfactory performance as determined by the City,
and determination by the City that renewal will be in the best interest of the City. The
Initial Term and any Extension Term(s) are collectively referred to as the "Term." The
Mayor is authorized to execute the term extension amendment(s). If Consultant requests
a rate change at the time of renewal, such change shall not become effective until a
written amendment is approved by the City Commission and duly executed by the Parties.
3. TIME FOR PERFORMANCE.
a. Commencement of Work. Services under the Agreement and any applicable Task
Order shall commence upon the City giving written notice to the Consultant to
proceed, along with a purchase order. Consultant shall perform all Services and
provide all deliverables required pursuant to this Agreement and each Task Order.
Time is of the essence for the Consultant's performance of the duties, obligations,
and responsibilities required by this Agreement.
b. Delays; Untimely Performance.
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5.5.2026(I.G.) 3
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 Consultant fails to substantially complete the
Services in whole or in part on or before the date established in each Task
Order, Consultant shall pay City its proportional share of any claim for
damages arising from the delay. This section shall not affect either Party's
indemnification rights or obligations otherwise outlined in this Agreement.
c. If Task Order Continues Beyond Term. Consultant shall complete each executed Task
Order without regard to whether such completion would cause Services to be
performed after the expiration date of this Agreement. Any Task Order for which
performance extends beyond the Term may be amended after that expiration date,
provided that any additional Services, time, and compensation are permitted under
this Agreement.The terms and conditions of this Agreement shall continue to govern
Task Orders notwithstanding the expiration of this Agreement.
4. AMOUNT AND METHOD OF COMPENSATION.
a. Compensation. As compensation for Services rendered by Consultant to the City
pursuant to a duly executed Task Order, the City shall pay the Consultant an annual
amount not to exceed One Hundred Fifty Thousand Dollars ($150,000.00) ("Fee")
calculated based on the anniversary date of complete execution of the Agreement.
The Fee is based on the Hourly Rates outlined in the Fee Schedule included in Exhibit
A and incorporated into this Agreement by reference. The Fee shall be the sole
compensation paid to Consultant in connection with the rendition of the Services and
the performance of any and all of its other obligations under this Agreement and
shall include any out-of-pocket or other expenses, including travel expenses,
incurred by Consultant.
b. Subconsultant Fees. If subconsulting is permitted, the Consultant shall bill the City
for subconsultant fees with no markup and within any applicable maximum not-to-
exceed amount.
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5.5.2026(1.G.) 4
5. 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: Megan Sutton, Director of Operations
Canopy Mapping Company Incorporated
7901 4th St N Ste 300
St. Petersburg, FL 33702
Telephone: (954) 820-0541
Email:
6. INVOICES AND PAYMENT. Invoices must identify the PO number and Task Order project
description, and should be mailed to:
Boynton Beach Finance Department
Attn: Accounts Payable
P.O. Box 310
Boynton Beach, FL 33425
Invoice Reauirements and Supporting Documentation. Invoices shall show the nature of
the service and the dates of service. Invoices based on hourly rates shall show the actual
hours worked, the person performing services, the nature of the service, the hourly rate,
and the dates of service. All invoices shall be accompanied by detailed supporting
documentation, including labor categories, subconsultant invoices, receipts for
reimbursable expenses (if allowed), and other records reasonably required by the City.
Invoices may be submitted after such services are performed; however, all services
rendered before September 30th of any given year must be invoiced by September 30th
of that year. Consultant shall provide a W-9 with the first invoice.
Disallowed Costs.Withholding Payment. Consultant shall not invoice the City for(i) costs
incurred to correct errors, omissions, or deficiencies; (ii) costs resulting from
unauthorized work; (iii) internal administrative costs not directly attributable to
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5.5.2026(LG.)
performance of the Services. The City may withhold payment of any invoice lacking
sufficient backup documentation until such documentation is provided. Additionally, the
City may withhold payment, in whole or in part, for unsatisfactory performance, failure
to meet schedule requirements, failure to correct deficiencies, or reasonable concerns
regarding compliance with the Agreement.
Payment. Payment shall be made only for services actually performed and completed
under a duly executed Task Order and this Agreement. The Fee shall be paid based on
receipt of a proper invoice in accordance with the invoice schedule indicated above.
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.
7. 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.
8. 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.
9. ATTORNEY'S FEES. If either Party brings suit to enforce the Agreement, each Party shall
bear its own attorney's fees and court costs. This does not apply to Consultant's
indemnification obligations.
10. 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,
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5.5.2026(LG.) t,
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 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'S OFFICE
100 E. OCEAN AVENUE
BOYNTON BEACH, FLORIDA, 33435
561-742-6060
CityClerk@bbfl.us
11. 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. Consultant represents that it is, and will remain for the duration of the
Term, in compliance with Section 286.101, Florida Statutes.
12. 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 the Consultant's violation of the statute, the
Consultant may not be awarded a public contract for one (1) year after the termination
date.
13. 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
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5.5.2026(I.G.) 7
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 for a
proper invoice, as outlined in Section 6. 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.
14. 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.
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.
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.
17. TRUTH-IN-NEGOTIATION REPRESENTATION. Consultant's compensation under this
Agreement is based upon its representations to 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 City, in its sole discretion, to
correct any inaccurate, incomplete, or noncurrent information provided to City as the
basis for Consultant's compensation in this Agreement.
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.
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5.5.2026(1.G.) $
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 prevent 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.
20. VENUE,JURISDICTION,WAIVER OF JURY TRIAL. This Agreement shall be governed by and
construed in accordance with the laws of the State of Florida. Any legal action, suit, or
proceeding arising out of or relating to this agreement shall be instituted in the
appropriate state court in Palm Beach County, Florida, and each Party irrevocably submits
to the exclusive jurisdiction of such court in any such action, suit, or proceeding. 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. THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY, AND
INTENTIONALLY WAIVE ANY RIGHT THEY MAY HAVE TO A TRIAL BY JURY WITH RESPECT
TO ANY LITIGATION OR LEGAL PROCEEDING RELATED TO THIS AGREEMENT OR ANY
COURSE OF CONDUCT, COURSE OF DEALING, STATEMENTS (WHETHER VERBAL OR
WRITTEN), OR ACTIONS OF EITHER PARTY. THIS PROVISION IS A MATERIAL INDUCEMENT
FOR THE PARTIES TO ENTER INTO THIS AGREEMENT.
21. SUSPENSION AND TERMINATION.
a. Termination.
1. Termination for Convenience. The City may terminate this Agreement for
convenience upon fourteen (14) calendar days of written notice. Consultant
acknowledges that it has received good, valuable, and sufficient consideration
for City's right to terminate this Agreement for convenience, including in the
form of City's obligation to provide advance written notice to Consultant of
such termination in accordance with this section. This Agreement may also be
terminated by the City Manager upon such notice as the City Manager deems
appropriate under the circumstances if the City Manager determines that
termination is necessary to protect the public health, safety, or welfare. If this
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5.5.2026(I.G.) 9
Agreement is terminated by City pursuant to this section, Consultant shall be
paid for any Services properly performed through the termination date
specified in the written notice of termination, subject to any right of City to
retain any sums otherwise due and payable, and City shall have no further
obligation to pay Consultant for Services under this Agreement. 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 Consultant's failure
to comply with any term(s) of this Agreement.
2. 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.
3. 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.
4. 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, litigation, confidential information
and generative artificial intelligence, data security, audit and records, rights in
documents and work, limitation of liability, and any other provisions that by
their nature are intended to survive, shall survive termination of this
Agreement and remain in full force and effect.
b. Suspension of Work.
1. Suspension for Convenience. The City may, at any time and for any reason,
suspend all or any portion of the Services by providing written notice to
Consultant. Upon such notice, Consultant shall immediately discontinue
performance, take reasonable steps to minimize costs, and protect all work
product.
2. Compensation Upon Suspension. Consultant shall be compensated for
Services satisfactorily performed through the effective date of suspension. No
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5.5.2026(I.G.) 10
compensation shall be paid for Services performed after suspension unless
expressly authorized in writing by the City.
3. Resumption. If the City directs Consultant to resume work, Consultant shall
promptly recommence performance. Consultant shall not be entitled to an
adjustment in compensation or schedule due to the suspension unless
expressly authorized in a written amendment.
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 termination of the Agreement. If, in the opinion of the City and
the City Attorney, it is necessary, 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.
23. INSURANCE. At the time of execution of this Agreement, the Consultant shall provide the
City with a copy of Consultant's insurance certificate evidencing the required coverage
set forth in Exhibit C. Consultant shall maintain insurance in the amounts as required in
Exhibit C during the entire Term of the Agreement.The Certificate of Insurance shall name
the City of Boynton Beach and its officers, employees, and agents as additional insured.
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.
25. INDEPENDENT CONTRACTOR. The Agreement does not create an employee/employer
relationship between the Parties. The Parties intend that Consultant is an independent
contractor under this Agreement and shall not be considered the City's employee for any
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5.5.2026(I.G.) I I
purpose. Consultant shall not have the right to bind City to any obligation not expressly
undertaken by City under this Agreement
26. COMPLIANCE WITH LAWS. Consultant hereby warrants and agrees that at all times
material to the Agreement, Consultant shall comply 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.
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.
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. If Consultant assigns or transfers this Agreement without the City's written
consent, the Agreement shall, at the City's option, become null and void.
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.
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.
31. NON-EXCLUSIVE. This Agreement is non-exclusive. City may retain additional entities to
perform the same or similar work.
32. 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.
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33. CONFIDENTIAL INFORMATION; GENERATIVE ARTIFICIAL INTELLIGENCE; AND DATA
SECURITY.
a. Confidential Information and Generative Artificial Intelligence. Unless expressly
authorized in this Agreement, in a Task Order, or in writing in advance by the City,
Consultant is strictly prohibited from disclosing, uploading, or otherwise making
available to third parties, directly, or indirectly, including but not limited to through
utilization of generative artificial intelligence tools, any exempt,confidential,sensitive
security, or personal information of City. Consultant must ensure that any use of
generative artificial intelligence tools by Consultant or its subconsultants does not
involve the disclosure of exempt, confidential, sensitive security, or personal
information, including, without limitation, for large language model learning or
training. Consultant must implement and maintain appropriate technological and
operational safeguards to ensure compliance with the obligations of this section.
b. Data Security; Cvbersecurity Requirements. Consultant shall implement and
maintain administrative,technical, and physical safeguards that comply with industry
best practices and all applicable laws to protect City data from unauthorized access,
disclosure, alteration, and destruction. Consultant shall notify the City in writing
within 24 hours of discovering any actual or suspected security incident, breach, or
unauthorized access involving City data. Consultant shall cooperate fully with the City
in investigating, mitigating, and remediating the incident at Consultant's sole cost.
Consultant shall ensure that all subconsultants comply with the requirements of this
section.
34. RIGHTS IN DOCUMENTS AND WORK.
a. Ownership. Any and 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. Intellectual Property Warranty: Infringement Indemnity.
1. IP Warranty. Consultant represents and warrants that all Documents and Work
provided under this Agreement are (i) original to Consultant, or (ii) properly
licensed for use and reuse by the City. Consultant shall provide copies of all
applicable licenses to the City upon request.
2. Infringement Indemnity. Consultant shall indemnify, defend, and hold harmless
the City from and against any and all claims, damages, losses, liabilities, and
expenses, including attorneys' fees, arising out of any actual or alleged
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infringement of any patent, copyright, trademark, trade secret, or other
proprietary right related to the Documents and Work provided by Consultant or
its subconsultants.
3. Correction of Infringing Work. If any portion of the Documents and Work is held
to infringe, Consultant shall, at its sole expense and without delay: (i) secure for
the City the right to continue using the Documents and Work; (ii) replace the
Documents and Work with non-infringing equivalents acceptable to the City; or
(iii) modify the Documents and Work to make them non-infringing while retaining
equivalent functionality.
c. Deliverables Upon Conclusion of Task Order. Consultant shall deliver to the City for
approval and acceptance, and before being eligible for final payment of any amounts
due under any Task Order, all documents and materials prepared for the City in
connection with the Task Order. All such documents and records shall be provided
within a reasonable time at no additional cost. Such documents may be provided
electronically.
d. 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 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).
e. Reuse of Prosect 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 in the applicable Scope of Services for any Task Order); and
Consultant agrees to such reuse in accordance with this provision.
f. Prohibition on Sale or Commercialization of City Information. Consultant shall not
sell, lease, license, distribute, commercialize, or otherwise monetize any City data,
information, documents, or materials obtained or created in connection with this
Agreement, including but not limited to confidential information, proprietary data,
records, databases, or any other information belonging to or relating to the City, its
operations, or its constituents, and shall not use any City information for any
commercial purpose unrelated to the performance of Services under this Agreement.
This prohibition shall survive the expiration or termination of this Agreement, and
Consultant shall include substantially similar restrictions in all agreements with
subconsultants who may have access to City information.
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5.5.2026(LG.) 14
35. CONSULTANT'S STAFF. Consultant will provide the key staff identified in its Proposal as
long as they are in Consultant's employment. Consultant acknowledges that the City
selected Consultant based in part on the qualifications and experience of the key
personnel identified in Consultant's Proposal. Consultant shall not remove, reassign, or
replace any key personnel without the City's prior written approval. The City may deny
approval if the proposed replacement lacks equivalent qualifications or experience, based
on reasonable standards. Consultant shall be solely responsible for any delays or
additional costs resulting from changes to key personnel. 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.
36. AUDIT AND RECORDS.
a. Maintenance of Records. Consultant shall maintain complete and accurate books,
documents, accounting records, financial records, project files, correspondence,
subconsultant files, and other evidence relating to performance of the Services
("Records"). Records shall be maintained in accordance with generally accepted
accounting principles and industry standards.
b. Retention. Consultant shall retain all Records for a period of five (5) years after the
latest of: (i) final payment under this Agreement, (ii) expiration of the Agreement, or
(iii) resolution of any dispute arising from this Agreement.
c. Audit Rights. The City and its duly authorized representatives may audit, inspect,
examine, and copy the Records at any time during normal business hours upon
reasonable notice. Such audits may include review of direct and indirect costs,
overhead, multipliers, subconsultant invoices, and supporting documentation.
d. Costs Disallowed. If an audit reveals overcharges, unallowable costs, or other
amounts improperly invoiced, the Consultant shall promptly refund such amounts to
the City.The City may withhold payment, offset against future invoices, or pursue any
legal remedy to recover disallowed costs.
e. Cooperation. Consultant shall cooperate fully with all audit activities and shall ensure
that subconsultants comply with the requirements of this article.
37. 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.
38. 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
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5.5.2026(I.G.) 15
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 a 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.
39. 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.
40. HEADINGS. The headings contained in this Agreement are for the convenience of
reference only and shall not affect the interpretation of this Agreement.
41. NON-DISCRIMINATION. Consultant and any subconsultants shall not discriminate on the
basis of 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.
42. PROHIBITION ON USE OF CITY'S NAME IN MARKETING. Consultant shall not use the City's
name, logo, seal, or any reference to this Agreement in any advertising, marketing
materials, client lists, press releases, or public statements without the City's prior written
approval.
43. CONFLICT OF INTEREST. Consultant warrants that, to the best of its knowledge, no
conflict of interest exists with respect to the performance of this Agreement. Consultant
shall promptly disclose any actual or potential conflict of interest to the City in writing.
The City may terminate this Agreement if, in its sole discretion, a conflict of interest exists
that cannot be adequately mitigated.
44. CONTROLLING PROVISIONS. Except as otherwise explicitly provided herein, in the event
of any conflict between the specific provisions of this Agreement and the requirements
or provisions of the Solicitation, any Task Order and/or the Proposal, the provisions shall
be given precedence in the following order: (1) this Agreement, (2) the Solicitation; (3)
the applicable Task Order; and (4) 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.
45. ENTIRE AGREEMENT. The Agreement, including the Solicitation, the Proposal, any Task
Orders, 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
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5.5.2026(LG.) 16
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.
46. 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.
47. NO CONSTRUCTION AGAINST DRAFTER. The Parties acknowledge that they have both
participated in the negotiation and preparation of this Agreement. Accordingly, this
Agreement shall not be construed more strictly against either Party, regardless of which
Party was responsible for its preparation.
48. FEDERAL GRANT COMPLIANCE. If any Task Order involves work funded in whole or in part
by federal funds, the Consultant shall comply with all federal requirements applicable to
the funding source, including, but not limited to, procurement, reporting, record
retention, audit access, and prohibited telecommunications equipment requirements. In
the event of any conflict between this Agreement and the federal requirements, the
federal requirements will govern and control.
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5.5.2026(LG.) 17
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the day and
year set forth below.
CITY OF BOYNTON BEACH: CANOPY MAPPING COMPANY
INCORPORATED:
By: /t/ By: ms
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Print ame: }Zc -, -_ $ ljor. Print Name: Matthew Davis
Title: rr,.,,r,e— Title: Founder and CEO
Date: Date: May 6, 2026
ATTEST:
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Tammy Stanzi'ne, Interit i Cjz�y Clerk :�gOYNTON��,
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City Attorney's Office . ;INCORPORATED;
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5.5.2026(LG.) 18
EXHIBIT A
SCOPE OF SERVICES
Canopy Mapping Company Incorporated
COn St.Petersburg,FL 33702
(954)820-0541
mapping c o.PY www.cannpymapuirig.co
April 15,2026
City of Boynton Beach
100 East Ocean Avenue Boynton Beach,Fl 33435
Subject:GIS,Land Management File,Utilities,Medians,and ArcGIS Enterprise
1.Executive Summary
Canopy Mapping Company will provide technical guidance,support,and emergency assistance to help the
City of Boynton Beach implement and maintain backup systems for ArcGIS Online and ArcGIS Enterprise.
This engagement also includes support for Land Management Files,Utilities,Beautification,Data Migration
and Utility Network Modernization.This is a flexible engagement where Canopy acts as a technical resource
to support the City's GIS operations.
2.Services Provided
Canopy will provide guidance and support in the following areas:
2.1 ArcGIS Online Backup Support
• Assist with setup and configuration of Backups for ArcGIS Online
• Provide recommendations for backup schedules and retention
• Answer questions and troubleshoot issues
• Provide documentation and user guidance
2.2 ArcGIS Enterprise Backup Support
• Assist with deployment of Enterprise backup automation code
• Guide configuration and scheduling
• Help validate backup completeness
• Provide restoration procedures and guidance
2.3 Upgrade Planning Support
• Provide roadmap and guidance for upgrading to ArcGIS Enterprise 11.3 or above
• Identify requirements,risks,and recommended approach
• Support planning and preparation activities
2.4 General GIS Technical Support
• Troubleshoot ArcGIS Online and Enterprise issues
• Assist with service publishing,federation,and configuration
• Help resolve data corruption or system failures
• Provide guidance on ArcGIS best practices
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5.5.2026(I.G.) 19
• System of record development and support for land management files
2.5 Emergency Support
• Respond to critica,system issues requiring immediate attention
• Assist with emergency data recovery and restoration
• Help resolve urgent operational problems
• Provide support during declared emergencies
2.6 Data Migration Support
• Assist in migrating data,web maps,and applications to Portal/ArcGIS Enterprise
• Support panning and execution of migration workflows to ensure continuity of GIS services
• Va'.idate migrated content for completeness and functionality post-migration
2.7 Utility Network Migration Support
• Migrate current data schema to Utility Network
• Provide guidance on Uti.ity Network configuration,topology rules,and data modeling
• Support testing and validation of the Utility Network environment
2.8 Beautification/Median Asset Mapping
• Median asset data quality review and schema design
• Median renumbering and dataset cleanup
• Map document production for internal review and distribution
• Iterative data refinements based on City stakeholder feedback
2.9 Land Management File
• Deve.op and support address system of record
• Maintain and support system stability for address data
• Support and develop GIS feeds for supporting third party systems
3.Approach
City performs:
The City will handle installation,configuration,and day-to-day operations with Canopy providing guidance
and support as needed.
Canopy provides:
Technical expertise,troubleshooting assistance,documentation,recommendations,and emergency
support.
Flexibility:
Services wi„be provided on an as-needed basis throughout the contract term.
4.Deliverables
Canopy will provide the following as work progresses:
• Setup guidance and technical assistance
• Documentation and procedures for backup systems
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5.5.2026(I.G.) 20
• Upgrade planning roadmap for Enterprise 11.3
• Troubleshooting support and issue resolution
• EmaiL and phone support as needed
• Emergency response for critical issues
• Migration plan and validation documentation for Portal/Enterprise transition
• Utility Network schema migration and configuration deliverables
• Cleaned and renumbered median dataset
• Completed map documents for median assets meeting City review and distribution needs
• Additional requested formats,data types,digital data,and projects as needed
Deliverables will be provided in appropriate formats such as PDF documents,emai,guidance,phone
consultations,screen sharing sessions,in-person meetings,and the like.
5.Pricing
Hourly rate:$85.00 per hour
Billing:Time is tracked in 15-minute increments with a Not to Exceed amount of$150,000 annually.
Sincerely,
Megan Sutton,MBA
Director of Operations
Canopy Mapping Company Incorporated
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5.5.2026(I.G.) 21
EXHIBIT B
FORM OF TASK ORDER
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CITY OF BOYNTON BEACH
Canopy Mapping Company Incorporated
GIS Continuing Consulting/Professional Services Task Order
Consultant: Canopy Mapping Company Incorporated
Procurement:
1. Task/Project.
2. Agreement Reference. This Task Order shall be performed under the terms and
conditions described within the GIS Continuing Consulting / Professional Services
Agreement ("Agreement"), dated , by and between the City of
Boynton Beach and Canopy Mapping Company Incorporated.
3. Scope of Services. The scope of services and all required deliverables under this Task
Order are attached as Exhibit A. This Task Order is issued in accordance with Section 1(b)
of the Agreement.
4. Project Schedule. Consultant shall deliver to the City the deliverables specified within
days after the date of Notice to Proceed for such services.
5. Compensation. Payment for the services authorized by this Task Order shall be in
accordance with Article 6 of the Agreement. The total Fee to be paid to the Consultant
under this Task Order shall not exceed $ , based on the Hourly Rates of$85.00
per hour, billed in 15-minute increments, as established in the Agreement.
6. Insurance. Consultant shall maintain insurance coverages in accordance with the
Agreement and hereby confirms that Certificate(s) of Insurance evidencing current
policies meeting the requirements of the Agreement are on file with the City as of the
date of this Task Order.
7. Exhibits. All attached Exhibits are incorporated fully into this Task Order and the
Agreement.
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5.5.2026(I.G.) 22
8. Notice to Proceed. Consultant's receipt of a fully executed copy of this Task Order and a
PO issued by the City shall serve as the "Notice to Proceed" under this Task Order,
effective as of the date the fully executed Task Order and PO were emailed to the
Consultant.
9. Incorporation; No Modification. The terms and conditions of the Agreement are hereby
incorporated into this Task Order. Nothing contained in this Task Order shall alter, modify,
or change in any way the terms and conditions of the Agreement with the City.
CONSULTANT: CITY OF BOYNTON BEACH
By: 29a-e/v-id, By:
Name:
Print Name: Matthew Davis Title:
Date: May 6 2026 Date: , 2026
Attest:
City Clerk
City Attorney's Office
Approved as to form and legality
By:
Consulting Services—Canopy Mapping Company Incorporated
5.5.2026(LG.) 23
EXHIBIT C
INSURANCE ADVISORY
The City of Boynton Beach
sty0a
(4(:.
~ DIVISION OF RISK MANAGEMENT
100 E.Ocean Avenue
Boynton Beach,Rorida33435
to \ (P):561-742-6271 I(F):561-742-6274
0 4. wwwbovnton-beach.orq
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VENDOR INSURANCE REQUIREMENTS—PROCUREMENT
1. INSURANCE REOUIREMENTS:
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 Injure
• $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 combined single limit each
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 Liabilitv/Malpractice
Coverage must be afforded under a Professional/Allied Health/Malpractice liability policy with limits
not less than:
• $2,000,000 each occurrence
• $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 NS COO 03 13 N sliver 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.
AMERICA'S GATEWAY TO THE GULFSTREAM
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5.5.2026(I.G.) 24
For any Contractor who has exempt status as an individual, the (City requires proof of Workers'
Compensation insurance coverage for that Contractor's employ ees,leased employees,volunteers,and
any workers performing work in execution of this Contract.
lithe 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 C'overag
For sudden and gradual occurrences and in an amount not less than 51,000,000 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.
Pronertv 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 525,000 each claim.('overage 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 ('ity 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 Reauirements
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.
AMERICA'S GATEWAY TO THE GULFSTREAM
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5.5.2026(I.G.) 25
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 lass 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.
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.,Cyber Liability)may
be required based upon the type of event,services,or equipment purchased and/or provided.
Revised 06/17/2025
AMERICA'S GATEWAY TO THE GULFSTREAM
Consulting Services—Canopy Mapping Company Incorporated
5.5.2026(I.G.) 26
Attachment A
City of Boynton Beach
Risk Management Department
REQUEST FOR WAIVER OF INSURANCE REQUIREMENTS
1 Name of Contractor/Lessee/Supplier: Canopy Mapping Company Inc
Street Address: 7901 4th St N
City, State, Zip Code: St Petersburg, FL 33702
Telephone & Fax Numbers: 954-820-0541
Principal or Point of Contact: Matthew Davis
2. Name of Project: GIS software using the Esri ArcGIS platform
3. Requirements to be Waived: COI Requirement
4. Reason for Request: Want to move this request forward with no further delays of
waiting for COI changes
5. Alternative(s) Available: N/A
6. Potential Effect of Waiver: (include effect on costs) $85 per hour.
Department Director C''""' Date: 31/12/2025
Notes:
Approved: Not Approved: Date:
Risk Manager:
Approved: Not Approved: Date.
City Manager:
3
COI Waiver fro Canopy
Final Audit Report 2025-12-31
Created: 2025-12-30
By: Stephanie Brown(browns@bbfl.us)
Status: Signed
Transaction ID: CBJCHBCAABAAe73AIGjYGiQr-VfyKHfyoL_nb71VX5Ka
"COI Waiver fro Canopy" History
Document created by Stephanie Brown (browns@bbfl.us)
2025-12-30-9:35:52 PM GMT
Document emailed to Fred Harris (harrisf@bbfl.us) for signature
2025-12-30-9:35:56 PM GMT
Email viewed by Fred Harris (harrisf@bbfl.us)
2025-12-30-11:27:23 PM GMT
Document e-signed by Fred Harris (harrisf@bbfl.us)
Signature Date:2025-12-31 -3:35:23 PM GMT-Time Source:server
Agreement completed.
2025-12-31 -3:35:23 PM GMT
3I
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