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RESOLUTION NO. R26-085
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON
BEACH, FLORIDA, APPROVING A SINGLE SOURCE PROFESSIONAL
SERVICE AGREEMENT WITH HARTMAN CONSULTANT, LLC FOR
UTILITY MANAGEMENT CONSULTING SERVICES TO PROVIDE A
VALUATION REPORT FOR WATER, WASTEWATER, AND RECLAIMED
WATER FACILITIES IN AN AMOUNT NOT TO EXCEED $75,000, AND
APPROVING A SINGLE SOURCE PROFESSIONAL SERVICE AGREEMENT
WITH RYPER WATER ANALYTICS FOR FINANCIAL CONSULTING
SERVICES FOR WATER AND WASTEWATER SYSTEM ESTIMATE OF
PROBABLE VALUE USING THE INCOME APPROACH IN AN AMOUNT
NOT TO EXCEED $95,060; APPROVING A BUDGET TRANSFER FOR
FUTURE TASKS TO COMPLETE THE VALUATION, IN THE AMOUNT NOT
TO EXCEED $300,000; AND FOR ALL OTHER PURPOSES.
WHEREAS, Procurement Services has reviewed the justification memorandum submitted
by the Utilities Department dated April 24, 2026, and finds that the engagement of Ryper Water
Analytics and Hartman Consultant LLC is consistent with the City's Procurement Policy under two
applicable provisions; and
WHEREAS, the engagement qualifies under the Consultant and Professional Services
provision, which permits contracts for professionals requiring specialty training in the sciences or
holding professional licenses or certifications, including management consulting and real estate
appraisal, to be entered into without a competitive solicitation, provided that qualifications, work
history, and other relevant data are reviewed prior to contract execution. Both Ryper Water
Analytics and Hartman Consultant provide specialized professional services within these
categories. Ryper Water Analytics performs advanced financial modeling, NPV forecasting, and
rate consulting requiring specialized expertise in utility finance, and Hartman Consultant provides
utility system valuation services under the direction of a seasoned utility engineer and appraiser
with extensive credentials and experience. Procurement has reviewed the qualifications and work
history of both firms and finds them suitable for the proposed scopes of work; and
WHEREAS, the engagement also meets the criteria for a Single Source Purchase, which
allows an award without competition when selecting a single vendor is determined to be most
advantageous to the City. As detailed in the Utilities Department's justification memorandum,
Ryper Water Analytics holds unique institutional knowledge of the City's utility financial structure
RESOLUTION NO. R26-085
34 through its existing role as the City's rate consultant, and engaging any alternative firm would
35 result in duplicative work, unnecessary costs, and schedule delays. Hartman Consultant brings
36 highly specialized utility valuation expertise not readily available through other firms. The
37 consistency and interdependency of the two scopes further support the single -source
38 determination; and
39 WHEREAS, the preliminary report will be followed by a full appraisal if authorized in the
40 future, with the total cost of the valuation effort not to exceed $300,000; and
41 WHEREAS, the City Commission, upon the recommendation of staff, has deemed it in the
42 best interests of the City's citizens and residents to approve a Single Source Professional Service
43 Agreement with Hartman Consultant, LLC for Utility Management Consulting Services to provide
44 a valuation report for water, wastewater, and reclaimed water facilities in an amount not to exceed
45 $75,000, approve a Single Source Professional Service Agreement with Ryper Water Analytics for
46 Financial Consulting Services for water and wastewater system estimate of probable value using
47 the Income Approach in an amount not to exceed $95,060, and approve a budget transfer for
48 future tasks to complete the valuation, in the amount not to exceed $300,000.
49
50 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON
51 BEACH, FLORIDA, THAT:
52 SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
53 being true and correct and are hereby made a specific part of this Resolution upon adoption.
54 SECTION 2. The City Commission of the City of Boynton Beach, Florida, does hereby
55 approve a Single Source Professional Service Agreement with Hartman Consultant, LLC for Utility
56 Management Consulting Services to provide a valuation report for water, wastewater, and
57 reclaimed water facilities in an amount not to exceed $75,000, in form and substance similar to
58 that attached as Exhibit A.
59 SECTION 3. The City Commission of the City of Boynton Beach, Florida, does hereby
60 approve a Single Source Professional Service Agreement with Ryper Water Analytics for Financial
61 Consulting Services for water and wastewater system estimate of probable value using the Income
RESOLUTION NO. R26-085
62 Approach in an amount not to exceed $95,060, in form and substance similar to that attached as
63 Exhibit B.
64 SECTION 4. The City Commission of the City of Boynton Beach, Florida, hereby
65 authorizes the City Manager and the Mayor to execute the Agreements. The City Manager and
66 Mayor are further authorized to execute any ancillary documents required under the Agreements
67 or necessary to accomplish the purposes of the Agreements, including any term extensions as
68 provided in the Agreements, provided such documents do not modify the financial terms or
69 material terms.
70 SECTION 5. The City Clerk shall retain the fully executed Agreements as a public record
71 of the City. A copy of the fully executed Agreements shall be provided to Theresa Gonzalez to
72 forward to the Consultants.
73 SECTION 6. The City Commission of the City of Boynton Beach, Florida, hereby approves
74 a budget transfer for future tasks to complete the valuation, in the amount not to exceed
75 $300,000.
76 SECTION 7. This Resolution shall take effect in accordance with the law.
77
78
[SIGNATURES ON THE FOLLOWING PAGE]
RESOLUTION NO. R26-085
79 PASSED AND ADOPTED this � C� day of 2026.
... ........... . .. .... . ...... .............
80 CITY OF BOYNTON BEACH, FLORIDA
81 YES NO
82 Mayor Rebecca Shelton
83
84 Vice-Mayor - Thornas Turkin
. . ... .......
85
86 Commissioner - Angela Cruz 61.1
------------- . ......................
87
88 Commissioner - Mack McCray
8()
()o Commissioner - Aimee Kelley
............. . ...... . .....
91
92 VOTE
93 ATTEST,-
94
95 r !w V,
Tammy Stanl�4 . .... . .............. . ....
a
90 anzZ ne, CMC Rebecca Shelton
97 Interim City Clerk Mayor
98
99 APPROVED AS TO FORM:
100 (Corporate Sea[)
101
102 le7
103 Shawna G. Lamb
104 2. 0 City Attorney
AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND HARTMAN CONSULTANT, LLC,
FOR UTILITY MANAGEMENT CONSULTING / PROFESSIONAL SERVICES
This Agreement is made as of this _19_ day of _May , 2026, by and
between HARTMAN CONSULTANT, LLC, with an EIN # 30-0796767 a Florida limited liability
company, with a principal address of 1580 Bryan Avenue, Winter Park, FL 32789,
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 desires to obtain a Consulting Valuation Report
(CVR) to assess the preliminary fair market value of its utility system through cost, income, and
market approaches, reconciled into a unified valuation, without the need for a full formal
appraisal at this time; and
WHEREAS, the Consultant will provide a formal valuation report to the City with their
findings and do a presentation for City Management and City Commission as needed; and
WHEREAS, the City requires the Utility Management Consulting services to
facilitate discussions between Palm Beach County and the City regarding a potential future
relationship, including the development of preliminary terms and conditions and a draft
franchise agreement; and
WHEREAS, this professional service meets the City's procurement exemption of
Consultant and Professional Services as outlined in the Procurement Policy; and
WHEREAS, the Consultant is qualified and experienced in providing valuation and
utility management consulting services, and submitted a proposal to the City on April 6,
2026, to perform the services described herein; and
WHEREAS, the City desires to engage Consultant to provide such Services to the
City according to the terms and subject to the conditions set forth in this Agreement.
NOW THEREFORE, 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:
26-072A Agreement— Hartman Consuttant, LLC 1
1. SERVICES.
a. Services. Consultant shall provide the services described in the Scope of Services
attached hereto as Exhibit A (the "Services"), which includes: a description of the
Services; all deliverables and work products; performance schedule and milestones;
and any other requirements specific to this engagement. 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.
b. Use of Subconsultants. Consultant shall utilize only the subconsultants identified in
Exhibit A or as approved in writing by the City. Consultant shall obtain written
approval of the City before adding, changing, or modifying any subconsultants.
Consultant shall bind in writing every approved subconsultant to the terms stated in
this Agreement, provided that this provision shall not, in and of itself, impose the
insurance requirements set forth in Article 23 on Consultant's subconsultants.
c. 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 commence upon full execution by the Parties, and shall
remain in effect until completion and acceptance of all Services bythe City, or for a period
of one (1) year, whichever occurs first, unless otherwise terminated as provided in this
Agreement ("Term").
3. TIME FOR PERFORMANCE.
a. Commencement of Work. Services under this Agreement 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 in accordance with
the schedule set forth in Exhibit A. Time is of the essence for the Consultant's
performance of the duties, obligations, and responsibilities required by this
Agreement.
26-072A Agreement— Hartman Consuttant, LLC 2
b. Delays; Untimely Performance.
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 Exhibit A,
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.
4. AMOUNT AND METHOD OF COMPENSATION.
a. Compensation. As compensation for Services rendered by Consultant to the City
pursuant to this Agreement, the City shall pay the Consultant a total fee not to exceed
Seventy -Five Thousand Dollars ($75,000.00) ("Fee"). The Fee shall be calculated based
on the hourly rates outlined in Exhibit A. 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 the maximum not -to -exceed amount
stated above.
S. 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
26-072A Agreement— Hartman Consuttant, LLC 3
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: Gerald C. Hartman
HARTMAN CONSULTANT, LLC
1580 Bryan Avenue
Winter Park, FL 32789
Telephone: (407) 341-0970
Email: g .irir ..Ing.i tirm�n Ir�.coinsLuItaimt...coirrn
6. INVOICES AND PAYMENT. Invoices must identify the PO number and project description,
and should be mailed to:
Boynton Beach Finance Department
Attn: Accounts Payable
100 E. Ocean Avenue
Boynton Beach, FL 33435
Email: I,?,Ika,lb;(II;;Lu,s
Invoice Requirements 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
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 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
26-072A Agreement— Hartman Consuttant, LLC 4
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,
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.
26-072A Agreement— Hartman Consuttant, LLC 5
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, CONTACTTHE CUSTODIAN OF
PUBLIC RECORDS:
CITY CLERK'S OFFICE
100 E. OCEAN AVENUE
BOYNTON BEACH, FLORIDA, 33435
561-742-6060
ii..tYIirl.......I.I� m.0
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
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
26-072A Agreement— Hartman Consuttant, LLC 6
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.
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
26-072A Agreement— Hartman Consuttant, LLC 7
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. This Agreement may be terminated for
convenience by the City with at least fourteen (14) calendar days' advance
written notice to Consultant. 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 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
26-072A Agreement— Hartman Consuttant, LLC 8
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
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.
26-072A Agreement— Hartman Consuttant, LLC 9
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 its Certificate of Insurance reflecting the insurance coverage set forth
in the Insurance Advisory attached hereto as Exhibit B, and incorporated herein by
reference. Consultant shall maintain insurance in the amounts as required in Exhibit B
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 insureds.
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
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
26-072A Agreement— Hartman Consuttant, LLC 10
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.
33. CONFIDENTIAL INFORMATION; GENERATIVE ARTIFICIAL INTELLIGENCE; AND DATA
SECURITY.
26-072A Agreement— Hartman Consuttant, LLC 11
a. Confidential Information and Generative Artificial Intelligence. Unless expressly
authorized in this Agreement 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 the 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. Consultant shall not voluntarily
disclose, publish, or commercially exploit any financial data, valuation analysis,
projections, or other information obtained from the City in connection with this
Agreement for any purpose other than performance of the Services, including for use
in services rendered to any other client. This prohibition shall survive the expiration
or termination of this Agreement. Nothing in this section shall be construed to limit
the City's obligations under Chapter 119, Florida Statutes, or any other applicable
public records law.
b. Data Security: Cybersecurity 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.
26-072A Agreement— Hartman Consuttant, LLC 12
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
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. 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).
d. Reuse of Project Documents. City may, at its option, reuse (in whole or in part)
the resulting end -product or deliverables resulting from Consultant's Services
(including, but not limited to, drawings, specifications, other documents, and
services as described herein); and Consultant agrees to such reuse in accordance
with this provision.
e. 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.
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
26-072A Agreement— Hartman Consuttant, LLC 13
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
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.
26-072A Agreement— Hartman Consuttant, LLC 14
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. During the
Term of the Agreement, Consultant shall not provide services to or enter into any
agreement with Palm Beach County or any other party whose interests are adverse to the
City in connection with the potential sale or transfer of the City's utility system, without
the prior written consent of the City. 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, and/or the Proposal, the provisions shall be given
precedence in the following order: (1) this Agreement, (2) the Solicitation; and (3) the
Proposal. Wherever possible, the provisions of the documents shall be construed in such
a manner as to avoid conflicts between the provisions of the various documents.
45. ENTIRE AGREEMENT. The Agreement, including the Solicitation, the Proposal, and the
Exhibits that are incorporated into this Agreement in their entirety, embody the entire
agreement and understanding of the parties concerning the subject matter of this
Agreement and supersede all prior and contemporaneous agreements and
understandings, oral or written, relating to said subject matter. This Agreement may only
be modified by a written amendment executed by the City and Consultant.
26-072A Agreement— Hartman Consuttant, LLC 15
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 the Scope of Services 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.
26-072A Agreement— Hartman Consuttant, LLC 16
IN WITNESS WHEREOF, the IParties hereto have, executed this Agreenle��'I On the day and
year last set forth below,
C F BOYNTON BEACH, FLORITANT, '
Rebecca Shelton, or (Signatiur Company'
Approvedas to Form:
Shawna G. Lamb, City Attorney
Attested/Authenticated:
Tarn n,,iy 5 aanz Vir, i (C-�Jn t e r i rn Ciia" i e r k
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Gerald, C. Hartman
Print Name of Authorized Official
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(Corporate Seal)
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117
EXHIBIT A
CONSULTANTS' PROPOSAL AND HOURLY RATES
Hartman Consultant LLC
www.hartmanconsultant.com
HC #26014.00
April 6, 2026
Mr. Poonam K. Kalkat, PhD
Utilities Director
City of Boynton Beach
124 E. Woolbright Rd.
Boynton Beach, FL 33435
Mr. Ryan Smith, President
Ryper Water Analytics
180 S Knowles Ave., Suite 9
Winter Park, Florida 32789
Email: Kalkatp@bbfl.us
bbfl.us
Ryan@RyperWater.com
RE: Utility Management Consulting Services for a
Consulting Valuation Report of the City of Boynton Beach
Water, Wastewater, and Reclaimed Water Facilities
Dear Mr. Kalkat and Mr. Smith:
This letter, along with the attached W-9 form and Hartman resume, constitutes Hartman
Consultant, LLC's (HCs) letter of engagement for the above -referenced services. This
proposal does not include the cost for Mr. Ryan Smith, who will be assisting with data
collection, income approach analyses, and collaboration on the work.
CONSULTING VALUATION REPORT (CVR)
The Phase 1 activity is to produce a Consulting Valuation Report (CVR) that addresses the
preliminary cost, income, and market approaches to value. The three (3) approaches will
be reconciled into a preliminary fair market value. The work does not include the fee
simple real estate or exclusive easement values that would be performed for appraisal. The
work also does not include the detailed intangible value of the ongoing business
(consideration of 19 items), rather a percentage will be applied to the cost approach for
this component. For this work, the City's book value for inventory, consumables, materials
stored, rolling stock, equipment, tools, vehicles, etc., will be used. An estimate will be made
for the value of records, permits, operation and maintenance manuals, studies, reports, and
similar items that support utility functions.
1680 Bryan Avenue • Winter Park, FL 32789
Tel. 407-341-0970 • Fax 407-909-9882 • gerry@hartmanconsultant.com
26-072A Agreement— Hartman Consultant, LLC 18
It is understood that a full appraisal may be authorized in the future. The City's existing
consultants and staff will support the activities. The CVR will give the City an appreciation
of the preliminary fair market value without all of the details.
UTILITY MANAGEMENT CONSULTING
If the County's interest continues after the CVR, then discussions between the County and
the City would be convened to determine a preliminary set of terms and conditions, a draft
franchise agreement, and the various determinations of the potential future relationship
between the parties.
To further this activity, HC suggests establishing a team of experts for legal, political,
operational, planning, financial, and engineering work.
The City of Boynton Beach will ensure the necessary data is collected, facilitate facility
inspections, coordinate financial aspects, and perform other related activities. The most
recent engineering, planning, and financial reports will be provided to HC and Ryper Water
Analytics.
COST
1) The HC CVR cost is estimated to be $75,000. The report will be transmitted to you
electronically.
2) The HC management consulting work will be on an hourly basis at the following:
G.C. Hartman $ 375/hr.
T.R. Brown $ 200/hr.
R.R. Copeland $150/hr.
R. Hillman $125/hr.
M. Walker $ 75/hr.
TIME PERIOD FOR IMPLEMENTATION
1) CVR — Five (5) Months
2) Management Consulting - Ongoing
ATTACHMENTS
HC W-9 Form
G.C. Hartman Resume
HC Certificate of Insurance
HC ASA Accreditation
HC BCEE Accreditation
FPSC — UVE Determination
N
26-072A Agreement— Hartman Consuttant, LLC 19
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26-072A Agreement— Hartman Consuttant, LLC 20
EXHIBIT B
INSURANCE ADVISORY
VENDOR INSURANCE REQUI REMENI'S — PROCUREMENT
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 combined single limit each
accident. Ifthe 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 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 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.
AMERICA'S GATEWAY TO THE GUEFSTREAM
26-072A Agreement — Hartman Consuttant, LLC 21
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 ofwork by the CITY.
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.
It. 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.
It. The Contract, Bid/Contract number, event dates, or other identifying reference must be listed on
the certificate.
AMERICA'S GATEWAY TO THE GULFSTREAM
26-072A Agreement— Hartman Consuttant, LLC 22
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.
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 ofthis 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
26-072A Agreement— Hartman Consuttant, LLC 23
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BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER($), AUTHORIZED
REPRESENTATIVE OR PRODUCER, r THE CERTIFICATE HOLDER,
IMPORTANT� If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
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AUTOMOBILE LIABILITY
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COMBINED SINGLE LIMIT
2,000,000
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1/20/2027
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DESCRIPTION OF OPERATO NS I LOCATIONS d' VEHICLES (ACORD 101, AddifionaI Remarks Schedule, ma�o be aftarhed It more space Is required)
City of Boynton Beach is Included as an Additional Insured terms apply for General l lability.
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
City of Boynton Beach THE EXPIRATION DATE THEREOF, NOTICE WILT. BE DELIVERED IN
y y ACCORDANCE WITH THE POLICY PROVISIONS.
100 E. Ocean Ave
Boynton Beach, FL 33435 ......... ._..._.. _ _. .... _... ................. _..._._..._..rv... _._........._
AUTHORIZED REPRESENTATIVE
,mow
.. ..___.......,,_..._. .... _...........,. m,,,,,,..,...._ ..,.,_...............___,.,
ACORD 25 (2016/03) 01988-2015 ACORD CORPORATION. All rights reserved.
The ACORD name and Iogo are registered marks of ACORD