R23-052 1 RESOLUTION NO. R23- 052
2
3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA,
4 APPROVING AND AUTHORIZING THE CITY MANAGER TO
5 SIGN THE AGREEMENT WITH LORI LEHR, INC. FIRM AS A
6 RESULT OF THE REQUEST FOR QUALIFICATIONS (RFQ) NO.
7 UTL23-001 FOR COMMUNITY RATING SYSTEM (CRS) AND
8 CLIMATE RESILIENCE PLANNING PROFESSIONAL SUPPORT
9 SERVICES;AND PROVIDING AN EFFECTIVE DATE.
10
11 WHEREAS, on April 4, 2023, the City Commission approved the top-ranked proposer
12 identified by the Evaluation Committee from the responses received from RFQ UTL23-001
13 for Community Rating System (CRS) and Climate Resilience Planning Professional Support
14 Services - Grant Funded, and authorized staff to conduct negotiations with the firm;and
15 WHEREAS,the Request for Qualifications was issued seeking the services of a qualified
16 and experience firm that specializes in National Flood Insurance Program (NFIP) Community
17 Rating System (CRS)that would work with the City to achieve the City's climate resilience and
18 flood mitigation goals by maintaining the current CRS Class 5 rating and assist in advancing
19 to Class 4 in addition to developing and implementing a successful resilience program; and
20 WHEREAS, the Agreement will provide for the issuance of Task Orders in connections
21 to the completion of the Watershed Master Plan, by providing the pre-requisite for the City
22 to achieve a CRS Class 4 ranking, which will increase the flood insurance discount from 25%
23 to 30% for property and business owners in the City; and
24 WHEREAS, the City Commission has determined that it is in the best interests of the
25 residents of the City to approve and authorize the City Manager to sign the Agreement with
26 Lori Lehr, Inc. firm as a result of the Request for Qualifications (RFQ) No. UTL23-001 for
27 Community Rating System (CRS) and Climate Resilience Planning Professional Support
28 Services.
29 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
30 BOYNTON BEACH, FLORIDA, THAT:
31 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
32 being true and correct and are hereby made a specific part of this Resolution upon adoption
33
S:\CA\RESOWgreements\Agreement With Lori Lehr For CRS Rating-Reso.Docx
34 Section 2. The City Commission hereby approves and authorizes the City
35 Manager to sign the Agreement with Lori Lehr, Inc. firm as a result of the Request for
36 Qualifications (RFQ) No. UTL23-001 for Community Rating System (CRS) and Climate
37 Resilience Planning Professional Support Services. A copy of the Agreement is attached
38 hereto and incorporated herein by reference as Exhibit "A".
39 Section 3. This Resolution shall become effective immediately upon passage.
40 PASSED AND ADOPTED this 2nd day of May, 2023.
41 CITY OF BOYNTON BEACH, FLORIDA
42
43 YES NO
44 /
45 Mayor—Ty Penserga ✓
46
47 Vice Mayor—Thomas Turkin ✓
48 /
49 Commissioner—Angela Cruz
50 /
51 Commissioner—Woodrow L. Hay
52
53 Commissioner—Aimee Kelley
54 nn
55 VOTE S v
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60 Mayle: D esus, MPA, C Ty Pen ga
61 City Cl •r May "
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63 =DYNTON``%\ APPROVED AS T FO •
64 (Corporate Seal) o .�QpR****** 0
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67pit ;1NC1920 Michael D. Cirullo,Jr.
68 �� City Attorney
S:\CA\RESO\Agreements\Agreement With Lori Lehr For CRS Rating-Rcso.Docx
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COMMUNITY RATING SYSTEM (CRS)AND CLIMATE RESILIENCE PLANNING PROFESSIONAL
SUPPORT SERVICES—GRANT FUNDED
THIS AGREEMENT("Agreement"), is entered into between the City of Boynton Beach, a municipal
corporation organized and existing under the laws of Florida, with a business address of 100 East Ocean
Ave., Boynton Beach, FL 33435, hereinafter referred to as "CITY", and Lori Lehr, Inc. a [type of entity:
corporation]authorized to do business in the State of Florida, with a business address of 901 Weldon Pond
Drive, Plant City Florida 33563 hereinafter referred to as "CONSULTANT". In consideration of the mutual
benefits. terms, and conditions hereinafter specified the Parties agree as set forth below.
WHEREAS,the CITY solicited proposals for a non-exclusive contract to perform Community Rating
System (CRS) and Climate Resilience Planning Professional Support Services. and
WHEREAS. the CITY issued a REQUEST FOR QUALIFICATION FOR Community Rating
System(CRS)and Climate Resilience Planning Professional Support Services—Grant Funded RFQ
No. UTL23-001; and
WHEREAS, RFQ No. UTL23-001 defined Scope of Services for Community Rating System (CRS)
and Climate Resilience Planning Professional Support Services; and
WHEREAS,the CITY determined that VENDOR was qualified for appointment to perform the scope
of services set forth in RFQ No. UTL23-001: and
WHEREAS. the CITY Commission on jMay 2, 20231, determined that VENDOR was qualified for
appointment to perform the scope of services set forth in the REQUEST FOR QUALIFICATIONS [RFQ];
and
NOW,THEREFORE, in consideration of the mutual covenants expressed herein,the parties agree
as follows:
ARTICLE 1 -SERVICES
1.1 VENDOR hereby agrees to perform the services for the Community Rating System (CRS)
and Climate Resilience Planning Professional Support Services - Grant Funded, as more
particularly described in RFQ No. UTL23-001 attached hereto as Exhibit "A" and by this
reference made a part hereof.
1.2 VENDOR shall furnish all services, labor, equipment, and materials necessary and as may
be required in the performance of this Agreement, except as otherwise specifically provided
for herein, and all work performed under this Agreement shall be done in a professional
manner.
1.3 VENDOR assumes professional and technical responsibility for performance of its services
to be provided hereunder in accordance with recognized professional and ethical
guidelines established by their profession. If within one year following completion of its
services, such services fail to meet the aforesaid standards,and the CITY promptly advises
VENDOR thereof in writing. VENDOR agrees to re-perform such deficient services without
charge to the CITY.
1.4 The relationship between CITY and CONSULTANT created hereunder and the services to
be provided by CONSULTANT pursuant to this Agreement are non-exclusive. CITY shall
be free to pursue and engage similar relationships with other contractors to perform the
same or similar services performed by VENDOR hereunder, so long as no other consultant
shall be engaged to perform the specific project(s) assigned to VENDOR while VENDOR
is so engaged without first terminating such assignment. VENDOR shall be free to pursue
RFQ No.UTL23-001 CRS&Climate Resilience Support Services C-1
relationships with other parties to perform the same or similar services,whether or not such
relationships are for services to be performed within the CITY, so long as no such
relationship shall result in a conflict of interest, ethical or otherwise, with the CITY's
interests in the services provided by VENDOR hereunder.
1.5 VENDOR shall not utilize the services of any sub-consultant without the prior written
approval of CITY.
1.6 The CITY's Representative during the performance of this Agreement shall be Angela
Prymas.
1.7 The VENDOR'S Representative during the performance of the Agreement shall be
3. TERM. The initial Agreement period shall be for an initial term of three (3) years, commencing on
May 3, 2023 and shall remain in effect through May 2, 2026. The CITY reserves the right to renew
the agreement for two (2) one-year renewals subject to vendor acceptance, satisfactory performance
as determined by the CITY, and determination by the CITY that renewal will be in the best interest of
the CITY. The VENDOR understands and acknowledges that the services to be performed during the
initial three (3) year term will be governed by this Agreement, and that there is no guarantee of future
work being given to the Consultant.
In the event that services are scheduled to end either by contract expiration or by termination by the
CITY (at the City's discretion), the VENDOR shall continue the services, if requested by the CITY, or
until task or tasks is/are completed. At no time shall this transitional period extend more than one-
hundred and eighty (180) calendar days beyond the expiration date of the existing contract. The
VENDOR will be reimbursed for this service at the rate in effect when this transitional period clause
was invoked by the CITY.
4. TIME OF PERFORMANCE. Work under this Agreement shall commence upon the giving of written
notice by the CITY to the VENDOR to proceed. VENDOR shall perform all services and provide all
work products required pursuant to this Agreement and specific task order unless an extension of time
is granted in writing by the CITY.
5. PAYMENT. The VENDOR shall be paid by the CITY for completed work and for services rendered in
accordance with the Schedule of Prices to this Agreement as follows:
a. Payment for the work provided by VENDOR shall be made as provided on Exhibit "A" attached
hereto.
b. Payment as provided in this section by the CITY shall be full compensation for work performed,
services rendered, and for all materials, supplies, equipment, and incidentals necessary to
complete the work.
c. Compensation for sub-CONSULTANTS will be negotiated based on each task / purchase
order. Compensation will be through a direct mark-up in accordance with the Schedule of
Professional Fees attached hereto. Sub-consulting services shall be approved by the City's
representative prior to performance of the sub-consulting work. Consulting time for processing
and management of the sub-CONSULTANT shall not be included in direct cost as the direct
mark-up is applied for management efforts.
b. The VENDOR may submit invoices to the CITY once per month during the progress of the work
for partial payment. Such invoices will be checked by the CITY, and upon approval thereof,
payment will be made to the VENDOR in the amount approved.
e. Final payment of any balance due the VENDOR of the total contract price earned will be made
promptly upon its ascertainment and verification by the CITY after the completion of the work
under this Agreement and its acceptance by the CITY.
RFQ No.UTL23-001 CRS&Climate Resilience Support Services C-2
f. Final Invoice: In order for both parties herein to close their books and records, the VENDOR
will clearly state"Final Invoice"on the VENDOR's final/last billing to the CITY. The final invoice
certifies that all services have been properly performed and all charges and costs have been
invoiced to the CITY. Since this account will thereupon be closed, and any other further
charges if not properly included on this invoice are considered waived by the VENDOR.
g. The VENDOR's records and accounts pertaining to this Agreement are to be kept available for
inspection by representatives of the CITY and State for a period of five (5) years after the
termination of the Agreement. Copies shall be made available upon request.
h. The cost of all services as stated herein shall remain fixed and firm for the initial three(3) year
period of the contract. Cost of subsequent years and any extension terms shall be subject to
an adjustment only if increases incur in the industry. However, unless very unusual and
significant changes have occurred in the industry, such increases shall not exceed 5% per
year, or whichever is less, the latest yearly percentage increase in the All Urban Consumer
Price Index(CPI-U)(National)as published by the Bureau of Labor Statistics, U.S. Department
of Labor. The yearly increase, or decrease in the CPI shall be the latest index published and
available ninety (90) days prior to the end of the contract year then in effect, compared to the
index for the same month one (1) year prior. Any requested cost increase shall be fully
documented and submitted to the CITY at least sixty(60)days prior to the contract anniversary
date. Any approved cost adjustments shall become effective upon the anniversary date of the
contract. In the event the CPI or industry costs decline, the CIN( shall have the right to receive
from the VENDOR, a reasonable reduction in costs that reflect such changes in the industry.
The CITY may after examination, refuse to accept the adjusted costs if they are not properly
documented, increases are considered to be excessive, or decreases are considered to be
insufficient. In event the CIV does not wish to accept the adjusted costs and the matter cannot
be resolved to the satisfaction of the CITY, the Contract may be cancelled by the CITY upon
giving thirty (30) calendar days written notice to the VENDOR.
i. All payments shall be governed by the Local Government Prompt Payment Act, as set forth in
Part VII, Chapter 218, Florida Statutes.
6. OWNERSHIP AND USE OF DOCUMENTS. Upon completion of the project and final payment to
VENDOR, all documents, drawings, specifications, and other materials produced by the VENDOR in
connection with the services rendered under this agreement shall be the property of the CITY whether
the project for which they are made is executed or not. Notwithstanding the foregoing, the VENDOR
shall maintain the rights to reuse standard details and other design copies, including reproducible
copies, of drawings and specifications for information, reference, and use in connection with
VENDOR'S endeavors. Any use of the documents for purposes other than as originally intended by
this Agreement, without the written consent of VENDOR, shall be at the CITY's sole risk and without
liability to VENDOR and VENDOR'S sub-CONSULTANTS.
7. FUNDING. This Agreement shall remain in full force and effect only as long as the expenditures
provided in the Agreement have been appropriated by the CITY in the annual budget for each fiscal
year of this Agreement, and is subject to termination based on lack of funding.
8. WARRANTIES AND REPRESENTATIONS. VENDOR represents and warrants to the CITY that it is
competent to engage in the scope of services contemplated under this Agreement and that it will retain
and assign qualified professionals to all assigned projects during the term of this Agreement.
VENDOR's services shall meet a standard of care for Community Rating System (CRS)and Resilience
Planning Professional Support Services and related services equal to or exceeding the standard of
care for surveying professionals practicing under similar conditions. In submitting its response to the
RFQ, VENDOR has represented to CITY that certain individuals employed by VENDOR shall provide
services to CITY pursuant to this Agreement. CITY has relied upon such representations. Therefore,
VENDOR shall not change the designated Project Manager for any project without the advance written
approval of the CITY, which consent may be withheld in the sole and absolute discretion of the CITY.
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9. COMPLIANCE WITH LAWS. VENDOR shall, in performing the services contemplated by this Service
Agreement, faithfully observe and comply with all federal, state, and local laws, ordinances, and
regulations that are applicable to the services to be rendered under this Agreement.
10. PRICES, TERMS, AND PAYMENT. Hourly rates shall be firm for the initial contract term of(3)three-
years. No rate increases shall be accepted during the first or second year of this contract term.
Thereafter, for the third year of the contract and any extensions which may be approved by the City
shall be subject to the following: Costs for the three contract year and any extensions shall be subject
to an adjustment only if increases or decreases occur in the industry. Such adjustment shall be based
on the latest yearly percentage increase in the All Urban Consumers Price Index(CPI-U) as published
by the Bureau of Labor Statistics, U.S. Department of Labor, and shall not exceed five percent(5%).
The yearly increase or decrease in the CPI shall be that latest Index published and available for the
calendar year ending December 31st, prior to the end of the contract year then in effect, as compared
to the index for the comparable month, one-year prior.
Any requested adjustment shall be fully documented and submitted to the City at least ninety(90)days
prior to the contract anniversary date. Any approved cost adjustments shall become effective on the
beginning date of the approved contract extension.
Cost adjustments, in all cases shall reflect only a direct pass-through of costs, and no changes to the
Vendor's profit margin shall be permitted. All rate increases above 2% must be approved by the City
Commission on recommendation of the Director of Financial Services.
11. INDEMNIFICATION.
A. The VENDOR shall indemnify and hold harmless the CITY, its officers, employees, agents and
instrumentalities from any and all liability, losses or damages, including attorneys' fees and costs
of defense, which the CITY or its officers, employees, agents or instrumentalities may incur as a
result of claims, demands, suits,causes of actions or proceedings of any kind or nature arising out
of,relating to and resulting from the performance of this Agreement by the VENDOR, its employees,
agents, partners, principals or subcontractors. The VENDOR shall pay all claims and losses in
connection therewith and shall investigate and defend all claims, suits or actions of any kind or
nature in the name of the CITY, where applicable, including appellate proceedings, and shall pay
all costs,judgments, and attorneys'fees which may issue thereon. Neither party to this Agreement
shall be liable to any third party claiming directly or through the other respective party, for any
special, incidental, indirect, or consequential damages of any kind, including but not limited to lost
profits or use that may result from this Agreement or out of the services or goods furnished
hereunder.
B. The parties understand and agree that the covenants and representations relating to this
indemnification provision shall survive the term of this Agreement and continue in full force and
effect as to the party's responsibility to indemnify.
C. Nothing contained herein is intended nor shall be construed to waive CITY's rights and immunities
under the common law or§768.28, Fla. Stat., as may be amended from time to time.
12. INSURANCE.
A. During the performance of the services under this Agreement, VENDOR shall maintain the
following insurance policies, and provide originals or certified copies of all policies to CITY's
Director of Human Resources and Risk Management. All policies shall be written by an insurance
company authorized to do business in Florida. VENDOR shall be required to obtain all applicable
insurance coverage, as indicated below, prior to commencing any service pursuant to this
Agreement:
i. Worker's Compensation Insurance: The VENDOR shall procure and maintain for the
life of this Agreement,Worker's Compensation Insurance covering all employees with limits
RFQ No.UTL23-001 CRS&Climate Resilience Support Services C-4
meeting all applicable state and federal laws. This coverage shall include Employer's
Liability with limits meeting all applicable state and federal laws. This coverage must
extend to any subcontractor that does not have their own Worker's Compensation and
Employer's Liability Insurance. The policy must contain a waiver of subrogation in favor of
the CITY of Boynton Beach, executed by the insurance company.
ii. Comprehensive General Liability: The VENDOR shall procure and maintain for the life
of this Agreement, Comprehensive General Liability Insurance. This coverage shall be on
an "Occurrence" basis. Coverage shall include Premises and Operations; Independent
consultants, Products-Completed Operations and Contractual Liability with specific
reference to Article 7, "Indemnification" of this Agreement. This policy shall provide
coverage for death, personal injury, or property damage that could arise directly or
indirectly from the performance of this Agreement. VENDOR shall maintain a minimum
coverage of$1,000,000 per occurrence and$1,000,000 aggregate for personal injury/and
$1,000.000 per occurrence/aggregate for property damage. The general liability insurance
shall include the CITY as an additional insured and shall include a provision prohibiting
cancellation of the policy upon thirty (30) days prior written notice to the CITY.
iii. Business Automobile Liability: The VENDOR shall procure and maintain, for the life of
this Agreement, Business Automobile Liability Insurance. The VENDOR shall maintain a
minimum amount of$1,000,000 combined single limit for bodily injury and property damage
liability to protect the VENDOR from claims for damage for bodily and personal injury,
including death, as well as from claims for property damage, which may arise from the
ownership, use of maintenance of owned and non-owned automobile, included rented
automobiles, whether such operations be by the VENDOR or by anyone directly or
indirectly employed by the VENDOR.
iv. Professional Liability (Errors and Omissions) Insurance: The VENDOR shall procure
and maintain for the life of this Agreement in the minimum amount of $1,000,000 per
occurrence.
v. Umbrella/Excess Liability Insurance: in the amount of $1,000,000.00 as determined
appropriate by the CITY depending on the type of job and exposures contemplated.
Coverage must follow the form of the General Liability, Auto Liability and Employer's
Liability. This coverage shall be maintained for a period of no less than the later of three
(3)years after the delivery of goods/services or final payment pursuant to the Agreement.
B. VENDOR shall provide the CITY with all Certificates of Insurance required under this section prior
to beginning performance under this Agreement. Failure to maintain the required insurance will be
considered a default of the Agreement.
C. The CITY shall be named as an additional insured. The coverage shall contain no limitations on
the scope of protection afforded the CITY, its officers, officials, employees or volunteers. A current
valid insurance policy meeting the requirements herein identified shall be maintained during the
duration of this Agreement, and shall be endorsed to state that coverage shall not be suspended,
voided or canceled by either party, reduced in coverage in limits except after thirty (30) days prior
written notice by either certified mail, return receipt requested, has been given to the CITY.
D. The CITY reserves the right to reasonably require any additional insurance coverage or increased
limits as determined necessary by the Director of Human Resources and Risk Management. The
CITY reserves the right to review, modify, reject, or accept any required policies of insurance,
including limits, coverage, or endorsements throughout the term of the Agreement.
13. INDEPENDENT CONTRACTOR. The VENDOR and the CITY agree that the VENDOR is an
independent contractor with respect to the services provided pursuant to this Agreement. Nothing in
this Agreement shall be considered to create the relationship of employer and employee between the
parties hereto. Neither VENDOR nor any employee of VENDOR shall be entitled to any benefits
accorded CITY employees by virtue of the services provided under this Agreement. The CITY shall not
be responsible for withholding or otherwise deducting federal income tax or Social Security or for
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contributing to the state industrial insurance program, otherwise assuming the duties of an employer
with respect to VENDOR, or any employee of VENDOR.
14. COVENANT AGAINST CONTINGENT FEES. The VENDOR warrants that he has not employed or
retained any company or person, other than a bona fide employee working solely for the VENDOR, to
solicit or secure this contract, and that he has not paid or agreed to pay any company or person, other
than a bona fide employee working solely for the VENDOR any fee, commission, percentage,
brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making
of this contract. For breach or violation of this warranty, the CITY shall have the right to annul this
contract without liability or, in its discretion to deduct from the contract price or consideration, or
otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or
contingent fee.
15. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES: The City of Boynton Beach
encourages and agrees to allow the vendor to extend the pricing, terms, and conditions of this
solicitation and resulting agreement/contract to other governmental entities pursuant to the
requirements of the federal awarding agency.
16. TRUTH-IN-NEGOTIATION CERTIFICATE.
A. Execution of this Agreement by the VENDOR shall act as the execution of a truth-in-negotiation
certificate certifying that the wage rates and costs used to determine the compensation provided
for in this Agreement is accurate, complete, and current as of the date of the Agreement and no
higher than those charged the VENDOR's most favored customer for the same or substantially
similar service.
B. The said rates and cost shall be adjusted to exclude any significant sums should the CITY
determine that the rates and costs were increased due to inaccurate, incomplete, or non-current
wage rates or due to inaccurate representations of fees paid to outside VENDORs. The CITY shall
exercise its rights under this"Certificate"within one(1) year following payment.
17. DISCRIMINATION PROHIBITED. The VENDOR, with regard to the work performed by it under this
agreement, will not discriminate on the grounds of race, color, national origin, religion, creed, age, sex,
or the presence of any physical or sensory handicap in the selection and retention of employees or
procurement of materials or supplies.
18. ASSIGNMENT.The VENDOR shall not sublet or assign any of the services covered by this Agreement
without the express written consent of the CITY.
19. NON-WAIVER. A waiver by either CITY or VENDOR of any breach of this Agreement shall not be
binding upon the waiving party unless such waiver is in writing. In the event of a written waiver, such
a waiver shall not affect the waiving party's rights with respect to any other or further breach. The
making or acceptance of a payment by either party with knowledge of the existence of a default or
breach shall not operate or be construed to operate as a waiver of any subsequent default or breach.
20. TERMINATION.
A. Termination for Convenience. This Agreement may be terminated by the CITY for convenience,
upon fourteen (14) days of written notice by the terminating party to the other party for such
termination in which event the VENDOR shall be paid its compensation for services performed to
the termination date, including services reasonably related to termination. In the event that the
VENDOR abandons the Agreement or causes it to be terminated,the VENDOR shall indemnify the
CITY against loss pertaining to this termination.
B. Termination for Cause. In addition to all other remedies available to CITY, this Agreement shall
be subject to cancellation by CITY for cause,should VENDOR 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 a period of thirty (30) days after receipt by VENDOR of written notice of such
neglect or failure.
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21. DISPUTES.
A. Any and all legal action necessary to enforce the terms of this Agreement shall be governed by the
laws of the State of Florida. Any legal action arising from the terms of this Agreement shall be
submitted to a court of competent jurisdiction located in Palm Beach County.
B. Correction of Work. If, in the judgment of CITY, work provided by VENDOR does not conform to
the requirements of this Agreement, or if the work exhibits poor workmanship, CITY reserves the
right to require that VENDOR correct all deficiencies in the work to bring the work into conformance
without additional cost to CITY, and/or replace any personnel who fail to perform in accordance
with the requirements of this Agreement. CITY shall be the sole judge of non-conformance and the
quality of workmanship.
C. Remedies in Default. In case of default by VENDOR, CITY shall notify VENDOR, in writing, of
such abandonment, delay, refusal, failure, neglect, or default and direct VENDOR to comply with
all provisions of the Agreement. If the abandonment, delay, refusal, failure, neglect or default is not
cured within seven (7) days of when notice was sent by CITY, CITY may declare a default of the
Agreement and notify VENDOR of such declaration of default and terminate the Agreement.
a. Upon such declaration of default, all payments remaining due VENDOR at the
time of default. less all sums due CITY for damages suffered. or expenses
incurred by reason of default, shall be due and payable to VENDOR.
b. CITY may complete the Agreement, or any part thereof, either by day labor,
use of a subcontractor, or by re-letting a contract for the same, and procure
the equipment and the facilities necessary for the completion of the
Agreement, and charge the cost of same to VENDOR together with the costs
incident thereto to such default.
c. In the event CITY completes the Agreement at a lesser cost than would have
been payable to VENDOR under this Agreement, if the same had been fulfilled
by VENDOR, CITY shall retain such differences. Should such cost to CITY be
greater, VENDOR shall pay the amount of such excess to the CITY.
d. Notwithstanding the other provisions in this Article, CITY reserves the right to
terminate the Agreement at any time, whenever the service provided by
VENDOR fails to meet reasonable standards of the trade after CITY gives
written notice to the VENDOR of the deficiencies as set forth in the written
notice within fourteen calendar (14) days of the receipt by VENDOR of such
notice from CITY.
22. UNCONTROLLABLE FORCES.
22.1 Neither the CITY nor VENDOR shall be considered to be in default of this Agreement if
delays in or failure of performance shall be due to Uncontrollable Forces, the effect of
which, by the exercise of reasonable diligence, the non-performing party could not avoid.
The term "Uncontrollable Forces" shall mean any event which results in the prevention or
delay of performance by a party of its obligations under this Agreement and which is
beyond the reasonable control of the non-performing party. It includes. but is not limited to
fire, flood, earthquakes, storms, lightning, epidemic, war, riot. civil disturbance, sabotage.
and governmental actions.
22.2 Neither party shall. however, be excused from performance if non-performance is due to
forces which are preventable, removable, or remediable, and which the non-performing
party could have, with the exercise of reasonable diligence, prevented, removed, or
remedied with reasonable dispatch. The non-performing party shall, within a reasonable
time of being prevented or delayed from performance by an uncontrollable force, give
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written notice to the other party describing the circumstances and uncontrollable forces
preventing continued performance of the obligations of this Agreement.
NOTICES. Notices to the CITY shall be sent to the following address:
Daniel Dugger, City Manager
City of Boynton Beach
100 E. Ocean Avenue
Boynton Beach, FL 33435
Telephone No. (561)742-6000
Notices to VENDOR shall be sent to the following address:
ATTN: Lori Lehr
Lori Lehr, Inc.
901 Walden Pond Drive
Plant City, Florida 33563
Phone: (727)235-3875
Email: lori@lorilehrinc.com
23. INTEGRATED AGREEMENT. This agreement, together with attachments or addenda, represents the
entire and integrated agreement between the CITY and the VENDOR and supersedes all prior
negotiations, representations, or agreements written or oral. This agreement may be amended only by
written instrument signed by both CITY and VENDOR.
24. PUBLIC RECORDS.
24.1 Sealed documents received by the CITY in response to an invitation are exempt from public
records disclosure until thirty (30) days after the opening of the Bid unless the CITY
announces intent to award sooner, in accordance with Section 119.07, Florida Statutes.
24.2 The CITY is a public agency subject to Chapter 119. Florida Statutes. The VENDOR shall
comply with Florida's Public Records Law. Specifically, the VENDOR shall:
A. Keep and maintain public records required by the CITY to perform the service;
B. Upon request from the CITY's custodian of public records, provide the CITY with
a copy of the requested records or allow the records to be inspected or copied
within a reasonable time at a cost that does not exceed the cost provided in chapter
119, Fla. Stat. or as otherwise provided by law:
C. Ensure that public records that are exempt or that are confidential and exempt from
public record disclosure requirements are not disclosed except as authorized by
law for the duration of the contract term and, following completion of the contract,
VENDOR shall maintain in a secured manner all copies of such confidential and
exempt records remaining in its possession once the VENDOR transfers the
records in its possession to the CITY; and
D. Upon completion of the contract, Consultant shall transfer to the CITY, at no cost
to the CITY, all public records in VENDOR'S possession. All records stored
electronically by VENDOR must be provided to the CITY, upon request from the
CITY's custodian of public records, in a format that is compatible with the
information technology systems of the CITY.
RFQ No.UTL23-001 CRS&Climate Resilience Support Services C-8
IF THE VENDOR HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, FLORIDA STATUTES, TO THE VENDOR'S DUTY TO
PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT,
CONTACT THE CUSTODIAN OF PUBLIC RECORDS:
CITY CLERK
100 E. OCEAN AVENUE
BOYNTON BEACH, FLORIDA, 33435
TELEPHONE: 561-742-6060
CityClerk(a�bbfl.us
24. E-VERIFY.
24.1 VENDOR certifies that it is aware of and complies with the requirements of Section
448.095, Florida Statutes, as may be amended from time to time and briefly described
herein below.
24.1.1 Definitions for this Section:
A. "Contractor, Vendor, Proposer, Consultant" means a person or entity that has
entered or is attempting to enter into a contract with a public employer to provide
labor, supplies, or services to such employer in exchange for a salary, wages, or
other remuneration. "Contractor" includes, but is not limited to. a vendor or
consultant.
B. "Subcontractor" means a person or entity that provides labor, supplies. or services
to or for a contractor or another subcontractor in exchange for a salary, wages. or
other remuneration.
C. "E-Verify system" means an Internet-based system operated by the United States
Department of Homeland Security that allows participating employers to
electronically verify the employment eligibility of newly hired employees.
24.1.2 Registration Requirement: Termination: Pursuant to Section 448.095, Florida
Statutes, effective January 1. 2021, Contractors, shall register with and use the E-
Verify System in order to verify the work authorization status of all newly hired
employees. Contractor shall register for and utilize the U.S. Department of
Homeland Security's E-Verify System to verify the employment eligibility of:
A. All persons employed by a Contractor to perform employment duties within Florida
during the term of the contract; and
25. SCRUTINIZED COMPANIES 287.135 and 215.473. By submission of this RFQ, vendor certifies that
vendor is not participating in a boycott of Israel. Vendor further certifies that vendor is not on the
Scrutinized Companies that Boycott Israel list, not on the Scrutinized Companies with Activities in
Sudan List, and not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector
List, or has Vendor been engaged in business operations in Syria. Subject to limited exceptions
provided in state law, the City will not contract for the provision of goods or services with any
scrutinized company referred to above. Submitting a false certification shall be deemed a material
breach of contract. The City shall provide notice, in writing, to Contractor of the City's determination
concerning the false certification. Vendor shall have five (5) days from receipt of notice to refute the
false certification allegation. If such false cert ification is discovered during the active contract term,
Vendor shall have ninety (90) days following receipt of the notice to respond in writing and
demonstrate that the determination of false certification was made in error. If Vendor does not
demonstrate that the City's determination of false certification was made in error then the
RFQ No.UTL23-001 CRS&Climate Resilience Support Services C-9
City shall have the right to terminate the contract and seek civil remedies pursuant to Section
287.135, Florida Statutes, as amended from time to time.
26. FEDERAL REQUIREMENTS
Notwithstanding anything to the contrary set forth herein, vendor shall comply with the all applicable
federally required standard provisions whether set forth herein below, in 2 CFR Part 200, or
otherwise. Any reference made to VENDOR in this section shall also apply to any subcontractor
under the terms of this Agreement.
26.1 Equal Employment Opportunity. During the performance of this contract, VENDOR
agrees as follows:
A. VENDOR will not discriminate against any employee or applicant for employment
because of race,color, religion, sex,sexual orientation, gender identity, or national
origin. VENDOR will take affirmative action to ensure that applicants are employed,
and that employees are treated during employment, without regard to their race,
color, religion, sex, sexual orientation, gender identity, or national origin. Such
action shall include, but not be limited to the following: Employment, upgrading,
demotion, or transfer, recruitment or recruitment advertising; layoff or termination;
rates of pay or other forms of compensation; and selection for training, including
apprenticeship. VENDOR agrees to post in conspicuous places, available to
employees and applicants for employment, notices to be provided by the
contracting officer setting forth the provisions of this nondiscrimination clause.
B. VENDOR will, in all solicitations or advertisements for employees placed by or on
behalf of VENDOR, state that all qualified applicants will receive consideration for
employment without regard to race, color, religion, sex, sexual orientation, gender
identity, or national origin.
C. VENDOR will not discharge or in any other manner discriminate against any
employee or applicant for employment because such employee or applicant has
inquired about, discussed, or disclosed the compensation of the employee or
applicant or another employee or applicant. This provision shall not apply to
instances in which an employee who has access to the compensation information
of other employees or applicants as a part of such employee's essential job
functions discloses the compensation of such other employees or applicants to
individuals who do not otherwise have access to such information, unless such
disclosure is in response to a formal complaint or charge, in furtherance of an
investigation, proceeding, hearing, or action, including an investigation conducted
by the employer,or is consistent with VENDOR's legal duty to furnish information.
D. VENDOR will send to each labor union or representative of workers with which it
has a collective bargaining agreement or other contract or understanding, a notice
to be provided by the agency contracting officer, advising the labor union or
workers' representative of VENDOR 's commitments under section 202 of
Executive Order 11246 of September 24, 1965, and shall post copies of the notice
in conspicuous places available to employees and applicants for employment.
E. VENDOR will comply with all provisions of Executive Order 11246 of September
24, 1965, and of the rules, regulations, and relevant orders of the Secretary of
Labor.
F. VENDOR will furnish all information and reports required by Executive Order
11246 of September 24, 1965, and by the rules, regulations, and orders of the
Secretary of Labor, or pursuant thereto, and will permit access to his books,
records, and accounts by the contracting agency and the Secretary of Labor for
RFQ No.UTL23-001 CRS&Climate Resilience Support Services C-10
purposes of investigation to ascertain compliance with such rules, regulations, and
orders.
G. In the event of VENDOR 's non-compliance with the nondiscrimination clauses of
this contract or with any of such rules, regulations, or orders, this Agreement may
be canceled, terminated or suspended in whole or in part and VENDOR may be
declared ineligible for further Government contracts in accordance with procedures
authorized in Executive Order 11246 of September 24. 1965, and such other
sanctions may be imposed and remedies invoked as provided in Executive Order
11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of
Labor, or as otherwise provided by law.
H. VENDOR will include the provisions of paragraphs (A) through (H) in every
subcontract or purchase order unless exempted by rules, regulations, or orders of
the Secretary of Labor issued pursuant to section 204 of Executive Order 11246
of September 24, 1965, so that such provisions will be binding upon each
subcontractor or vendor. VENDOR will take such action with respect to any
subcontract or purchase order as may be directed by the Secretary of Labor as a
means of enforcing such provisions including sanctions for noncompliance:
Provided, however, that in the event VENDOR becomes involved in, or is
threatened with, litigation with a subcontractor or vendor as a result of such
direction, VENDOR may request the United States to enter into such litigation to
protect the interests of the United States.
The CITY further agrees that it will be bound by the above equal opportunity clause
with respect to its own employment practices when it participates in federally
assisted construction work: Provided, that if the CITY so participating is a state or
local government. the above equal opportunity clause is not applicable to any
agency, instrumentality or subdivision of such government which does not
participate in work on or under the contract.
The CITY further agrees that it will assist and cooperate actively with the
administering agency and the Secretary of Labor in obtaining the compliance of
contractors and subcontractors with the equal opportunity clause and the rules,
regulations, and relevant orders of the Secretary of Labor, that it will furnish the
administering agency and the Secretary of Labor such information as they may
require for the supervision of such compliance, and that it will otherwise assist the
administering agency in the discharge of the agency's primary responsibility for
securing compliance.
The CITY further agrees that it will refrain from entering into any contract or
contract modification subject to Executive Order 11246 of September 24, 1965,
with a contractor debarred from. or who has not demonstrated eligibility for,
Government contracts and federally assisted construction contracts pursuant to
the Executive Order and will carry out such sanctions and penalties for violation of
the equal opportunity clause as may be imposed upon contractors and
subcontractors by the administering agency or the Secretary of Labor pursuant to
Part II, Subpart D of the Executive Order. In addition, the CITY agrees that if it fails
or refuses to comply with these undertakings, the administering agency may take
any or all of the following actions: Cancel, terminate. or suspend in whole or in part
this grant(contract, loan, insurance, guarantee); refrain from extending any further
assistance to the CITY under the program with respect to which the failure or
refund occurred until satisfactory assurance of future compliance has been
received from such CITY; and refer the case to the Department of Justice for
appropriate legal proceedings.
26.2 Davis-Bacon Act. VENDOR shall comply with the Davis-Bacon Act(40 U.S.C. 276a to 276a-
7)as supplemented by Department of Labor Regulations (29 CFR Part 5). In accordance with
the statute,VENDOR must be required to pay wages to laborers and mechanics at a rate not
RFQ No.UTL23-001 CRS&Climate Resilience Support Services C-11
less than the prevailing wages specified in a wage determination made by the Secretary of
Labor. In addition,VENDOR must be required to pay wages not less than once a week.
26.3 Copeland "Anti-Kickback" Act. VENDOR shall comply with the Copeland "Anti-Kickback"
Act, (40 U.S.C. 3145),as supplemented by Department of Labor regulations(29 CFR Part 3,
"Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in
Part by Loans or Grants from the United States").VENDOR must be prohibited from inducing,
by any means,any person employed in the construction,completion,or repair of public work,
to give up any part of the compensation to which he or she is otherwise entitled. CITY must
report all suspected or reported violations to the Federal awarding agency.
26.4 Contract Work Hours and Safety Standards Act (40 U.S.C. 3701- 3708). Where
applicable, pursuant to 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor
regulations (29 CFR Part 5) VENDOR must be required to compute the wages of every
mechanic and laborer on the basis of a standard work week of 40 hours.Work in excess of
the standard work week is permissible provided that the worker is compensated at a rate of
not less than one and a half times the basic rate of pay for all hours worked in excess of 40
hours in the work week.The requirements of 40 U.S.C. 3704 are applicable to construction
work and provide that no laborer or mechanic must be required to work in surroundings or
under working conditions which are unsanitary, hazardous or dangerous.
A. Overtime requirements. No contractor or subcontractor contracting for any part of
the contract work which may require or involve the employment of laborers or
mechanics shall require or permit any such laborer or mechanic in any workweek in
which he or she is employed on such work to work in excess of forty hours in such
workweek unless such laborer or mechanic receives compensation at a rate not less
than one and one-half times the basic rate of pay for all hours worked in excess of
forty hours in such workweek.
B Violation; liability for unpaid wages; liquidated damages. In the event of any
violation of the clause set forth in paragraph(A)of this section the VENDOR and any
subcontractor responsible therefor shall be liable for the unpaid wages. In addition,
such contractor and subcontractor shall be liable to the United States(in the case of
work done under contract for the District of Columbia or a territory,to such District or
to such territory), for liquidated damages. Such liquidated damages shall be
computed with respect to each individual laborer or mechanic, including watchmen
and guards, employed in violation of the clause set forth in paragraph (A) of this
section, in the sum of $10 for each calendar day on which such individual was
required or permitted to work in excess of the standard workweek of forty hours
without payment of the overtime wages required by the clause set forth in paragraph
(A)of this section.
C. Withholding for unpaid wages and liquidated damages. CITY shall upon its own
action or upon written request of an authorized representative of the Department of
Labor withhold or cause to be withheld,from any moneys payable on account of work
performed by VENDOR or subcontractor under any such contract or any other
Federal contract with the same prime contractor, or any other federally-assisted
contract subject to the Contract Work Hours and Safety Standards Act,which is held
by the same prime contractor,such sums as may be determined to be necessary to
satisfy any liabilities of such contractor or subcontractor for unpaid wages and
liquidated damages as provided in the clause set forth in paragraph(26.4.2)of this
section.
D. Subcontracts. VENDOR or subcontractor shall insert in any subcontracts the
clauses set forth in paragraph (A) through (D) of this section and also a clause
requiring the subcontractors to include these clauses in any lower tier subcontracts.
The prime contractor shall be responsible for compliance by any subcontractor or
lower tier subcontractor with the clauses set forth in paragraphs (A)through(D) of
this section.
RFQ No.UTL23-001 CRS&Climate Resilience Support Services C-12
26.5 VENDOR agrees to comply with all applicable standards, orders or regulations issued
pursuant to the Clean Air Act(42 U.S.C.7401-7671 q)and the Federal Water Pollution Control
Act, as amended(33 U.S.C. 1251- 1387). CITY will report violations to the Federal awarding
agency and the Regional Office of the Environmental Protection Agency(EPA).
A. Clean Air Act. VENDOR agrees to comply with all applicable standards,orders or
regulations issued pursuant to the Clean Air Act, as amended,42 U.S.C. §7401 et
seq.VENDOR agrees to report each violation to CITY and understands and agrees
that the CITY will, in turn, report each violation as required to assure notification to
the State, Federal Emergency Management Agency, and the appropriate
Environmental Protection Agency Regional Office. VENDOR agrees to include these
requirements in each subcontract exceeding$150,000 financed in whole or in part
with Federal assistance.
B. Federal Water Pollution Control Act. VENDOR agrees to comply with all
applicable standards, orders or regulations issued pursuant to the Federal Water
Pollution Control Act, as amended, 33 U.S.C. 1251 et seq.VENDOR agrees to report
each violation to the CITY and understands and agrees that the CITY will, in turn,
report each violation as required to assure notification to the State, Federal
Emergency Management Agency, and the appropriate Environmental Protection
Agency Regional Office. VENDOR agrees to include these requirements in each
subcontract exceeding one hundred fifty thousand dollars ($150,000) financed in
whole or in part with Federal assistance.
26.6 Suspension and Debarment. This Agreement is a covered transaction for purposes of 2
C.F.R. pt. 180 and 2 C.F.R. pt. 3000,as such VENDOR is required to verify that none of the
CONSULTANT's agents, principals(defined at 2 C.F.R. §180.995),or affiliates(defined at 2
C.F.R. § 180.905)are excluded(defined at 2 C.F.R.§ 180.940)or disqualified(defined at 2
C.F.R. § 180.935).
A. VENDOR must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000,
subpart C and must include a requirement to comply with these regulations in any
lower tier covered transaction it enters into. This certification is a material
representation of fact relied upon by CITY. If it is later determined that CONSULTANT
did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in
addition to remedies available to State and CITY, the Federal Government may
pursue available remedies, including but not limited to suspension and/or debarment.
B. The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180,
subpart C and 2 C.F.R. pt.3000,subpart C while this offer is valid and throughout the
period of any contract that may arise from this offer.The bidder or proposer further
agrees to include a provision requiring such compliance in its lower tier covered
transactions.
26.7 Byrd Anti-Lobbying Amendment,as amended(31 U.S.C.§1352).VENDOR shall file the
required certification pursuant to 31 U.S.C. 1352. Each tier certifies to the tier above that it will
not and has not used Federal appropriated funds to pay any person or organization for
influencing or attempting to influence an officer or employee of any agency, a member of
Congress, officer or employee of Congress, or an employee of a member of Congress in
connection with obtaining any Federal contract, grant, or any other award covered by 31
U.S.C. § 1352. Each tier shall also disclose any lobbying with non-Federal funds that takes
place in connection with obtaining any Federal award. Such disclosures are forwarded from
tier to tier up to the recipient.
26.8 Compliance with State Energy Policy and Conservation Act.VENDOR shall comply with
all mandatory standards and policies relating to energy efficiency contained in the State
energy conservation plan issued in compliance with the Energy Policy and Conservation Act
(Pub. L. 94-163, 89 Stat. 871).
RFQ No.UTL23-001 CRS&Climate Resilience Support Services C-13
26.9 Procurement of Recovered Materials.The CITY and VENDOR must comply with Section
6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and
Recovery Act. The requirements of Section 6002 include procuring only items designated in
guidelines of the Environmental Protection Agency(EPA)at 40 CFR part 247 that contain the
highest percentage of recovered materials practicable, consistent with maintaining a
satisfactory level of competition,where the purchase price of the item exceeds$10,000 or the
value of the quantity acquired during the preceding fiscal year exceeded$10,000; procuring
solid waste management services in a manner that maximizes energy and resource recovery;
and establishing an affirmative procurement program for procurement of recovered materials
identified in the EPA guidelines.
26.10 Reporting. Pursuant to 44 CFR 13.36(i)(7),VENDOR shall comply with federal requirements
and regulations pertaining to reporting, including but not limited to those set forth at 44 CFR
40 and 41, if applicable. Furthermore, both parties shall provide the FEMA Administrator, U.S.
DOT Administrator,the Comptroller General of the United States, or any of their authorized
representative access to any books,documents, papers,and records of VENDOR which are
directly pertinent to this contract for the purpose of making audits,examinations,excerpts, and
transcriptions. Also, both Parties agree to provide FEMA Administrator or his authorized
representative access to construction or other work sites pertaining to the work being
completed under the Agreement.
26.11 Rights to Inventions. VENDOR agrees that if this Agreement results in any copyrightable
materials or inventions, the Federal Government reserves a royalty-free, nonexclusive and
irrevocable license to reproduce, publish or otherwise use the copyright of said materials or
inventions for Federal Government purposes.
26.12 No Obligation by the Federal Government. The federal government is not a party to this
contract and is not subject to any obligations or liabilities to the non-federal entity,contractor,
or any other party pertaining to any matter resulting from the contract.
26.13 Department of Homeland Security(DHS)Seal, Logo,and Flags. VENDOR shall not use
DHS(s), logos,crests,or reproductions of flags or likenesses of DHS agency officials without
specific federal pre-approval.
26.14 Compliance with Federal Law, Regulations, and Executive Orders. This is an
acknowledgement that federal financial assistance will be used to fund the Agreement only.
VENDOR will comply with all applicable federal law, regulations, executive orders, policies,
procedures, and directives.
26.15 Fraudulent Statements. VENDOR acknowledges that 31 U.S.C. Chap. 38 applies to
VENDOR's actions pertaining to this Agreement.
26.16 Prohibition on Contracting for Covered Telecommunications Equipment or Services.
As used in this clause, the terms backhaul; covered foreign country; covered
telecommunications equipment or services; interconnection arrangements; roaming;
substantial or essential component;and telecommunications equipment or services have the
meaning as defined in FEMA Policy 405-143-1, Prohibitions on Expending FEMA Award
Funds for Covered Telecommunications Equipment or Services (Interim), as used in this
clause.
A. Prohibitions.
i. Section 889(b)of the John S. McCain National Defense Authorization Act for
Fiscal Year 2019, Pub. L. No. 115-232,and 2 C.F.R.§200.216 prohibit the
head of an executive agency on or after Aug.13, 2020, from obligating or
expending grant,cooperative agreement, loan, or loan guarantee funds on
certain telecommunications products or from certain entities for national
security reasons.
RFQ No.UTL23-001 CRS&Climate Resilience Support Services C-14
ii. Unless an exception in paragraph (B)of this clause applies, the VENDOR
and its subcontractors may not use grant,cooperative agreement, loan, or
loan guarantee funds from the Federal Emergency Management Agency to:
a. Procure or obtain any equipment, system, or service that uses covered
telecommunications equipment or services as a substantial or essential
component of any system, or as critical technology of any system;
b. Enter into,extend,or renew a contract to procure or obtain any equipment,
system, or service that uses covered telecommunications equipment or
services as a substantial or essential component of any system, or as critical
technology of any system;
c. Enter into, extend, or renew contracts with entities that use covered
telecommunications equipment or services as a substantial or essential
component of any system,or as critical technology as part of any system;or
d. Provide,as part of its performance of this contract,subcontract,or other
contractual instrument, any equipment, system, or service that uses covered
telecommunications equipment or services as a substantial or essential
component of any system,or as critical technology as part of any system.
B Exceptions.
i. This clause does not prohibit VENDOR from providing: (a)A service that
connects to the facilities of a third-party, such as backhaul, roaming, or
interconnection arrangements; or(b)Telecommunications equipment that
cannot route or redirect user data traffic or permit visibility into any user data
or packets that such equipment transmits or otherwise handles.
ii. By necessary implication and regulation,the prohibitions also do not apply
to: (a) Covered telecommunications equipment or services that: i.Are not
used as a substantial or essential component of any system;and ii.Are not
used as critical technology of any system. (b) Other telecommunications
equipment or services that are not considered covered telecommunications
equipment or services.
C. Reporting requirement.
i. In the event VENDOR identifies covered telecommunications equipment or
services used as a substantial or essential component of any system,or as
critical technology as part of any system, during contract performance, or the
contractor is notified of such by a subcontractor at any tier or by any other
source, the contractor shall report the information in paragraph (ii) of this
clause to the recipient or subrecipient, unless elsewhere in this contract are
established procedures for reporting the information.
ii. The VENDOR shall report the following information pursuant to this section:
(i)Within one business day from the date of such identification or notification:
The contract number; the order number(s), if applicable; supplier name;
supplier unique entity identifier (if known); supplier Commercial and
Government Entity (CAGE) code(if known); brand; model number(original
equipment manufacturer number, manufacturer part number, or wholesaler
number); item description; and any readily available information about
mitigation actions undertaken or recommended. (ii)Within ten(10)business
days of submitting the information required by this Section: Any further
available information about mitigation actions undertaken or recommended.
In addition, the contractor shall describe the efforts it undertook to prevent
use or submission of covered telecommunications equipment or services,
RFQ No.UTL23-001 CRS&Climate Resilience Support Services C-15
and any additional efforts that will be incorporated to prevent future use or
submission of covered telecommunications equipment or services. The
VENDOR shall insert the substance of this clause, including this in all
subcontracts and other contractual instruments.
26.17 Domestic Preference for Procurements. As appropriate, and to the extent consistent with
law, the VENDOR should, to the greatest extent practicable, provide a preference for the
purchase, acquisition, or use of goods, products. or materials produced in the United States.
This includes, but is not limited to iron, aluminum, steel, cement, and other manufactured
products. For purposes of this clause: Produced in the United States means, for iron and steel
products, that all manufacturing processes, from the initial melting stage through the
application of coatings, occurred in the United States. Manufactured products mean items and
construction materials composed in whole or in part of non-ferrous metals such as aluminum;
plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as
concrete; glass. including optical fiber; and lumber.
26.18 Affirmative Socioeconomic Steps. If subcontracts are to be let, VENDOR is required to take
all necessary steps identified in 2 C.F.R. §200.321(b)(1)-(5)to ensure that small and minority
businesses, women's business enterprises, and labor surplus area firms are used when
possible.
26.19 License and Delivery of Works Subject to Copyright and Data Rights. If applicable,the
VENDOR grants to CITY, a paid-up, royalty-free, nonexclusive, irrevocable,worldwide license
in data first produced in the performance of this contract to reproduce, publish, or otherwise
use, including prepare derivative works, distribute copies to the public, and perform publicly
and display publicly such data. For data required by the contract but not first produced in the
performance of this contract. VENDOR will identify such data and grant to the CITY or
acquires on its behalf a license of the same scope as for data first produced in the performance
of this contract. Data, as used herein, shall include any work subject to copyright under 17
U.S.C. § 102,for example, any written reports or literary works, software and/or source code,
music, choreography, pictures or images, graphics, sculptures, videos, motion pictures or
other audiovisual works, sound and/or video recordings, and architectural works. Upon or
before the completion of this contract, VENDOR will deliver to the VENDOR data first
produced in the performance of this contract and data required by the contract but not first
produced in the performance of this contract in formats acceptable by VENDOR.
THE REMAINDER OF THIS PAGE IS LEFT INTENTIONALLY BLANK
SIGNATURE PAGE FOLLOWS
RFQ No.UTL23-001 CRS&Climate Resilience Support Services C-16
"This Agreement will take effect once signed by both parties. This Agreement may be signed by
the parties in counterparts which together shall constitute one and the same agreement among the
parties. A facsimile signature shall constitute an original signature for all purposes."
IN WITNESS WHEREOF, the parties have hereunto set their hands and seals on the day and
year set forth below their respective signatures.
IN WITNESS WHEREOF, the parties hereto have executed this Contract in multiple copies, each
of which shall be considered an original on the following dates:
DATED this o day of a10) , 20x9-3 .
CITE(OF BOYNTON BEACH
J
Daniel gger, Ci Man r ` (A o ed Official Name), (Vendor)
Pr Name of Authorized Official
li ; den
Title
(Corporate Seal)
Attest/Authenticated:
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fitness
1 u1 ;14 LcYar
Print Name •
Approved as to Form:
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Michael D. Cirullo, Jr. / g0YNT0�\�1
Office of the CITY Attorney %��0:CORPORgT�.�6, 41
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RFQ No.UTL23-001 CRS&Climate Resilience Support Services C-17
• e
ATTACHMENT "A"
City of Boynton Beach
Risk Management
INSURANCE ADVISORY FORM
Under the terms and conditions of all contracts, leases, and agreements, the City requires appropriate coverages
listing the City of Boynton Beach as Additional Insured. This is done by providing a Certificate of Insurance listing
the City as"Certificate Holder"and"The City of Boynton Beach is Additional Insured as respect to coverages noted."
Insurance companies providing insurance coverages must have a current rating by A.M. Best Co. of"B+"or higher.
(NOTE: An insurance contract or binder may be accepted as proof of insurance if Certificate is provided upon
selection of vendor.)Thefollowing is a list of types of insurance required of contractors, lessees, etc., and the limits
required by the City:(NOTE:This list is not all inclusive, and the City reserves the right to require additional
types of insurance,or to raise orlower the stated limits,based upon identified risk.)
TYPE(Occurrence Based Only) MINIMUM LIMITS REQUIRED
General Liability General Aggregate $ 1,000,000.00
Commercial General Liability Products-Comp/Op Agg. $ 1,000,000.00
Owners&Contractor's Protective(OCP) Personal&Adv. Injury $ 1,000,000.00
Asbestos Abatement Each Occurrence $ 1,000,000.00
Lead Abatement Fire Damage(any one fire) $ 50,000.00
Broad Form Vendors Med. Expense(any one person) $
5,000.00
Premises Operations
Underground Explosion&Collapse
Products Completed Operations
Contractual
Independent Contractors
Fire Legal Liability
Professional Liability Aggregate-$1,000,000.00
Automobile Liability Combined Single Limit $1,000,000.00
Any Auto
All Owned Autos
Hired Autos
Non-Owned Autos
Excess Liability Each Occurrence to be determined
Umbrella Form Aggregate to be determined
___________
Worker's Compensation Statutory Limits
Employer's Liability Each Accident $ 1,000,000.00
Disease, Policy Limit $ 1,000,000.00
Disease Each Employee $ 1,000,000.00
Property:
Homeowners Revocable Permit $ 300,000.00
Builder's Risk Limits based on Project Cost
Installation Floater Limits based on Project Cost
Other-As Risk Identified to be determined
INSURANCE ADVISORY Revised 04/2021