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R99-024 RESOLUTION A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A LETTER OF AGREEMENT WITH CAMP, DRESSER AND McKEE (CDM) TO PROVIDE EXPERT WITNESS TESTIMONY IN CONJUNCTION WITH THE ACQUISITION OF POND "B"; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City entered into an Agreement for Professional Services with Camp, Dresser & McKee, Inc., on December 16, 1991, hereinafter "Agreement"; and WHEREAS, Expert Witness services were not included in the master agreement entered into by the parties; and WHEREAS, the City of Boynton Beach is currently in litigation which will require the use of Camp, Dresser & McKee as expert witnesses; and NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The City Commission hereby confirms the foregoing whereas clauses are true and correct findings of the Commission necessary to support this Resolution. Section 2. The City Commission does hereby authorize the Mayor to execute a Letter of Agreement for Expert Witness preparation between the City and Camp, Dresser & McKee, Inc., a copy of which Agreement is attached hereto as Exhibit "A". Section 3. passage and adoption. PASSED AND ADOPTED THIS 1999. This Resolution shall become effective immediately upon DAY OF ATTEST: Cit¢Clerk CITY OF BOYNTOJ~i~EACH, FLORIDA Mayor ~ . Vice rvl~'yor J / / -3 Mayor Pro Tam o~.~i/ ~'¢'/'"~s-~i~ er '~-'-' '//'~'i'¢4"/~ Commissioner /CDM consulting engineenng construction opera~ons Camp Dresser & McKee Inc. 1601 Belvedere Road. Suite 211 South West Palm Beach, Florida 33406 Tel: 561 689-3336 Fax: 561 689-9713 September 2, 1998 Mr. Peter Mazzella City of Boynton Beach 5469 W. BoYnton Beach Boulevard Boynton Beach, FL. 33437 SE? 2 1998 BoYNTON BEACI"' U-TiLITIE~=,.. Subject: City of Boynton Beach v. Eleanor Shepard LETTER OF AGREEMENT Scope of Services The City of Boynton Beach (hereinafter called, City) retains Camp Dresser & McKee Inc. (hereinafter the Consultant) to provide expert testimony in support of the City's defenses against claims alleged by Eleanor Shepard in the above-referenced case regarding property acquistion and to provide rebuttal testimony to Shepard's expert witness testimony. The Consultant hereby agrees to research, develop, review and analyze data related to the dty's regional detention pond for the Downtown Watershed (parcel B). The Consultant may review and analyze other data in order to form his expert opinion about the subject of Shepard's complaint. The Consultant may prepare exhibits (i.e., tables, maps, etc.) which show the results of his review and analysis. At the request of City, the Consultant shall make presentations, give depositions, and provide expert testimony regarding the review and analysis he has performed and the opinions he has formed regarding the' facts and issues. All expert opinions and testimony are to be provided by Mr. Michael F. Schmidt, P.E. Data collection and analysis may be performed by other staff of the Consultant under Mr. Schmidt's supervision and direction. All information, data, and reports, which the Consultant deems reasonably necessary for the performance of its services under this Agreement, shall be furnished to the Consultant without charge by the City. The City shall also cooperate with the Consultant in every way possible as requested by the Consultant to aid in the performance of the services to be rendered hereunder-such as for survey services by City survey crews. The Consultant is an independent contractor and not an employee of the City. Nothing contained in this Agreement shall constitute or designate the Consultant or any of its employees, agents, or contractors as employees of the City. The Consultant works for Camp Dresser & McKee, Inc. to assist the City in preparing for ongoing litigation. Because of this ongoing litigation, any reports, data, exhibits, or other information given to or prepared or assembled by the Consultant under this Agreement is C:\TEMI:~-AT'T1 DO~.W~ 9/23/98 'CDM Camp Dresser & McKee Inc. Mr. Peter Mazzella September 2, 1998 Page_2 attorney work product and falls within the limit,ed privilege and exemption from the Public Records Law, as claimed under Section 119.07(3)(n), Florida Statutes (1993). Such information, therefore, shall not be made available to any individual or organization by the Consultant without prior written approval by City. City hereby agrees to pay the Consultant at the rates shown in Attachments A and B as consideration for the performance of the services that the Consultant is required to perform. The hourly rates in Attachment A shall apply to all time spent by the Consultant on behalf of City, including research, developing data, meetings, and travel. The hourly rates in Attachment B shall apply for depositions and testimony. Hourly rates shall cover all. incidental costs incurred in the performance of these services, such as telephone calls, photo copies, shipping, and mailing. In addition, City shall reimburse the Consultant for actual out-of-pocket travel, lodging, and meal expenses where such expenses are incurred at the request of City. The travel, lodging, and meal expenses shall be subject to City's regular rules and limitations for such expenses. The Consultant shall bill City in increments of tenths of hours. City shall pay the Consultant as ~ollows: The Consultant will provide City at the end of each month during which the Consultant performs services hereunder with an invoice setting forth the amount of.services provided and the amount due for such month; City shall pay the Consultant the amount set forth in such invoice no later than thirty' calendar days after receipt of such invoice. CAMP DRESSER & McKEE INC. Donald G. ~ Senior Vice President Date Date o~,~ CITY A~I-rORNEY SCI'~DULE OF HOURLY BIIJ, ING BAT~S FOR LEGAL AND COURT-RELATED SERVICES, EXPERT WITNESS TESTIMOI~ AND SPECIAL CONSULTING ASSI6N)~NTS CLASSIFICATIOI~ HOURLY RATE PROFESSIONAL I $' ~10.00 PROFE$81ONAL II 140.00 SENIOR PROFESSIONAL PRINCIPAL/ASSOCIATE OFFICER, $ 200.0O $ 250.00 PROFESSIO~L SUPPORT SERVICES ADMINISTRATIVE SUPPORT $ $. 90.00 CE/L:~IFIED BY'. PAUL G. ,g'AMELL CHIEF FINANCIAl. OFFICER RATES EFFECTIVE THROUGH JULY ~, 1999 CAMP DRESSER & MCKEE INC. SCHEDULE OF HOURLY BILLING RATES COST GROUP Ii HOURLY RATES PROFESSIONAL SERVICES; PROFESSIONAL I PROFESSIONAL, !1 SENIOR PRO;ESSIONAL PRINCIPAl. ! ASSOCIATE OFFICER PRQRRgglONAL SUPPORT EERVI~;~ STAFF SUPPORT SERVICES SENIOR SUPPORT SERVICES S ?0.00 $ 9o.oo S 11~.~0 $' 130.00 S 1-';0.00 50.00 75.00 I=IELD SERVICI_-'_~ PROFESSIONAL SENIOR PROFESSIONAl- $ S0.00 S 70.00 PROJEC~'r SUPPORT SERVICFm PROJECt' ADMINISTRATION S 40.00 All sul)cmnsultant and other project rel. tecl expenses am subject to a minimum handllng/iclminisblt~ charge of I0%. CERTIRED BY: CHIEF FINANCIAL OFFICER RAI'E~ EFFECTIVE THROUGH JULY 3, 1~J CDM consulting .b.t~gineering ~Zconstruction operations Camp Dresser & McKee Inc. 1601 Belvedere Road. Suite 21: South West Palm Beach, Florida 33406 Tel: 561 689-3336 Fax: 561 689-9713 April 15, 1999 Ms. Sue Kruse, CMC/AAE City Clerk City of Boynton Beach 100 E. Boynton Beach Boulevard P. O. Box 310 Boynton Beach, FL 33425 Dear Ms. Kruse: In accordance with your request 0fMarch 25, 1999, returned herewith is the Letter of Agreement for the subject services. I have re-signed and dated the agreement. If you should have any further questions, please comact ou~ offices. Very truly yours, CAMP DRESSER & MCKEE INC. Donald G. Munksgaard, P.E., DEE Senior Vice Presidem DGM/ibn Enclosure File: 0000-DGMNB-MD.DGMBB cc: P. Mazella, w/eno. ~ Cit of Boynton Beach 100 E. Boynton Beach Boulevard P.O, Box 310 Boynton Beach, Florida 33425-0310 City Hall: (561) 742-6000 FAX: (561) 742-6090 March 25, 1999 Mr. Donald G. Munksgaard, Sr. V. P. CDM Camp Dresser & McKee Inc. 1601 Belvedere Road, Suite 211 South West Palm Beach, FL 33406 RE: LETTER OF AGREEMENT - SCOPE OF SERVICES Dear Mr. Munksgaard: Attached please find the above mentioned Letter of Agreement. Please resign and date this agreement and return to me for our Central Files. If you have any questions concerning this, please do not heSitate to contact me. Sincerely, CITY OF BOYNTON BEACH Sue Kruse, CMC/AAE City Clerk C: Mr. Pete Mazzella GDM consulting eng~neenng Camp Dresser & McKee Inc. 1601 Belvedere Road. Suite 2t 1 South West Palm Beach. Florida 33406 Tel: 561 689-3336 Fax: 561 689-9713 September 2, 1998 Mr. Peter Mazzella City of Boynton Beach 5469 W. Boynton Beach Boulevard Boynton Beach, FL. 33437 BOYNTObl BEACh UTIL!TIES Subject: City of Boynton Beach v. Eleanor Shepard LETTER OF AGREEMENT Scope of Services The City of Boynton Beach (hereinafter called, City) retains Camp Dresser & McKee Inc. (hereinafter the Consultant) to provide expert testimony in support of. the City's defenses against claims alleged by Eleanor Shepard in the above-referenced case regarding property acquistion and to provide rebuttal testimony to Shepard's expert witness testimony. The Consultant hereby agrees to research, develop,' review and analyze data related to the city's regional detention pond for the Downtown Watershed (parcel B). The Consultant may review and analyze other data in order to form his expert opinion about thesubject of Shepard's complaint. The Consultant may prepare exhibits (i.e., tables, maps, etc.) which show the results of his review and analysis. At the request of City, the Consultant shall make presentations, give depositions, and provide expert testimony regarding the review and analysis he has performed and the opinions he has formed regarding the facts and issues. All expert opinions and testimony are to be provided by Mr. Michael F. Schmidt, P.E. Data collection and analysis may be performed by other staff of the Consultant under Mr. Schrnidt's supervision and direction. All information, data, and reports, which the Consultant deems reasonably necessary for the performance of its services under this Agreement, shall be furnished to the Consultant without charge by the City. The City shall also cooperate with the Consultant in every way possible as 'requested by the Consultant to aid in the performance of the services to be rendered hereunder-such as for survey services by City survey crews. The Consultant is an independent contractor and not an employee of the City. Nothing contained in this Agreement shall constitute or designate the Consultant or any of its employees, agents, or contractors as employees of the City. The Consultant works for Camp Dresser & McKee, Inc. to assist the City in preparing for ongoing litigation. Beca.use of this ongoing litigation, any reports, data, exhibits, or other information given to or prepared or assembled by the Consultant under this Agreement is C:\TEMI~-A'n'I D09.WP 9/2:~'98 Camp Dre~er & IvlcI~ee Inc. SCHEDI.U.~ OF HOUELY BILLING RATES FOR LEGAL AND COUR?-ItELATED SERVICES, EXPERT WITNESS TES?IMON~/' AND SPECIAL CONSULTING A~I6~~S CLASSIFICATION HOUELY RATE PROFESSIONAL I $ PROFESSIONAL II $ 140.00 SENIOR PROFESSIONAL $ 2O0.O0 PRINCIPAL/ASSOC.[ATE $ 250.00 OFFICER 300.00 PROFESSIONAL SUPPORT SERVICES ADMINISTRATIVE SUPPORT $ 90.00 $. CHIEF FINANCIAl. OFFICER ' r RATES EFFECTIVE THROUGH JUl.Y 3, 1909 RESOLUTION --'A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A LETTER OF AGREEMENT WITH CAMP, DRESSER AND McKEE (CDM) TO PROVIDE EXPERT WITNESS TESTIMONY IN CONJUNCTION WITH THE ACQUISITION OF POND "B"; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City entered into an Agreement for Professional Services with Camp, Dresser & .McKee, Inc., on December 16, 1991, hereinafter "Agreement"; and WHEREAS, Expert Witness services were not included in the master agreement entered into by the parties; and WHEREAS, the City of Boynton Beach is currently in litigatipn which will require the use of Camp, Dresser & McKee as expert witnesses; and NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The City Commission hereby confirms the foregoing whereas clauses are true and correct findings of the Commission necessary to support thi~ Resc!L, ti~n. - Section 2. The City Commission does hereby autl~orize the Mayor to execute a Letter of Agreement for Expert Witness preparation between the City and Camp, Dresser & McKee, Inc., a copy of which Agreement is attached hereto as Exhibit "A".