R97-115RESOLUTION NO. R97-//~"'
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING
AND DIRECTING THE MAYOR AND CITY CLERK TO
EXECUTE AN ADDENDUM TO THE AGREEMENT FOR
PROFESSIONAL SERVICES BETWEEN THE CITY OF
BOYNTON BEACH AND JAMES DUNCAN AND
ASSOCIATES PROVIDING FOR THE PREPARATION
OF THE VISION 20~20 REDEVELOPMENT
IMPLEMENTATION PROGRAM; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City of Boynton Beach has executed an Agreement for
Professional Services with James Duncan and Associates on June 2, 1997; and
WHEREAS, the City of Boynton Beach has been advised by the firm of
James Duncan and Associates that Carla Bryant, President of Paradigm Shift, one
of the subcontractors listed in said Agreement, will not be able to undertake her
assigned tasks; and
WHEREAS, the City Commission, upon recommendation of staff, has
determined that it is in the best interests of the residents of the City to execute an
addendum to said agreement for professional services, between the City of Boynton
Beach and James Duncan and Associates, providing for the substitution of
subcontractor Carla Bryant, President of Paradigm Shift, with the firm of LB Limited
& Associates, Inc.,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The City Commission of the City of Boynton Beach, Florida
does hereby authorize and direct the Mayor and City Clerk to execute an Addendum
to the Agreement for Professional Services between the City of Boynton Beach and
James Duncan & Associates providing for the substitution of subcontractor Carla
Bryant, President of Paradigm Shift, with the firm of LB Limited & Associates, Inc.,
said addendum being attached hereto as Exhibit "A".
Section 2. This Resolution shall become effective immediately upon
passage.
PASSED AND ADOPTED this
ATTEST:
Ci~ Clerk
day of July, 1997,
CITY OF BOYNTON B_EACH, FLORIDA
-Mayor _ ~
Commissioner
Commissioner
ADDENDUM NO. 1 TO AGREEMENT BETWEEN CITY OF BOYNTON BEACH AND
JAMES DUNCAN AND ASSOCIATES
THIS ADDENDUM, dated the day of July, 1997, is entered into between
the CITY OF BOYNTON BEACH, hereinafter referred to as" City", and JAMES
DUNCAN AND ASSOCIATES, hereinafter referred to as "Consultant", in consideration
of the mutual benefits, terms, and conditions hereinafter specified, and shall constitute
part of the Agreement for Professional Services between the City and Consultant,
dated June 2, 1997.
WHEREAS, the James Duncan and Associates wishes to substitute the firm of
L.B. Limited & Associates, Inc., (Mr. Mike Brady) in the place and stead of Carla Bryant,
President .of Paradigm Shift, as one of the subcontractors on said Vision 20~20
Implementation Project;
THEREFORE, BOTH PARTIES AGREE AS FOLLOWS:
Section 1. That No. 4 of the Agreement for Professional Services between the
City of Boynton Beach and James Duncan and Associates, shall be amended to read
as follows:
4. Subcontractors. The Consultant will utilize the following
subcontractors in the completion of the Project: Urban Design Studio,
David Plummer and Associates, and L.B. Limited & Associates, Inc., and
M.P. Fuller Environmental.
Section 2. Each person signing this Addendum on behalf of either .party
individually warrants that he or she has full legal power to execute this Addendum on
behalf of the party for whom he or she is signing, and to bind and obligate such party
with respect to all provisions contained in this Addendum.
this
IN WITNESS OF THE FOREGOING, the parties have set their hands and seals
day of July, 1997.
CITY OF BOYNTON BEACH
JAMES DUNCAN AND ASSOCIATES
Mayor President
PASSED AND ADOPTED this
day of July, 1997.
CITY Of BOYNTON BEACH, FLORIDA
Mayor
Vice MayOr
Commissioner
Commissioner
ATTEST:
City Clerk
Commissioner
(Corporate Seal)
v43~reso~agreementsWis~oa$ - Jame~ Duncan & Assoc ~ Addendum
7/7/97
Attest:
City Clerk
STATE OF FLORIDA
COUNTY OF PALM BEACH
BEFORE ME, an officer duly authorized by law to administer oaths and take
acknowledgments, personally appeared , and-acknowledged he/she
executed the foregoing Addendum for the use .and purposes mentioned in it, and that
the instrument is his/her act and deed.
IN WITNESS OF THE FOREGOING, I have set my hand and official seal
at in the State and County aforesaid on this day of 1997.
NOTARY PUBLIC
My Commission Expires:
STATE OF FLORIDA
COUNTY Of PALM BEACH
BEFORE ME, an officer duly .authorized by law to administer oaths and take
acknowledgments, personally appeared , and acknowledged he/she
executed .the foregoing Addendum for the use and purposes mentioned in it, and that
the instrument is his/her act and deed.
IN WITNESS OF THE FOREGOING, I have set my hand and official seal
at in the State and County aforesaid on this day of 1997.
NOTARY PUBLIC
My Commission Expires:
s:ca\wp~agrnts~James Duncan & Assoc Addendum
Ocean Ridge Addendum
Revised 2/6/97
BRUC~E N. I, EWI/t
cl~r~F EXECUTIVE OFFICER AND TR, EA~UR, ER
Duties - Corporate Treasurer responsible for ail f/nancla,1 ac'Uv/Ues, payroll. IRS
filings, corporate budget, client accounls, accounts receivable, accounts payable
and financial forecasting.
Day to Day responsibilities Inctude; all graphic design assignments, new business
development, public relations practitioner responsible'for c. Hent/corporate image
development,, sh'ateglc planning, press brlel]Lngs, proposal preparation, editing
and advertisement,
PreviouI Exi~riene® includes: Design/Layout Engineer /"or Fortune 500
corporat.~.ons Including Honeywell, Digital Equipment Corporation, RCA and
General Electric {GE). Commercial Package Design for Commodore Computer
Corporation. Professional PYeelance Graphic Designer. Philadelphia and West
Palm Beach. Image Development Consullant, West Palm Beach. - Business:
Consultant to lhe Small Btlslness Development Center ($BDC), West Palm Beach.
Education - Graduate of the University of Minnesota []3SEE - Specialized Design,
Minor - Business Administration. Attended Palm Beach Community College
[Commercial Graphic Design. Advertising Graphics I, II & III and Advanced
Computer Graphics).
Ctvie/Boat~l A~l:ivttte~ - Leadership Palm Beach, County Class of 1997.
Member - Board of Directors United Way of Palm Beach County, Member - Agency
[ntllattves and Communll.y Relations Committees, AcUve member Corporate
Board of Directors and Exectlilve Board - Boys and Girls Club of Palm Beach
County, Inc., President. Board of Directors - Boys and Girls Club (Riviera Beach),
Supentlsor Media Headquarters, Member Public RelaUons Committee,
SunFest Inc., Member- Economic Development Council o£Palm Beach County.
Member - Palm Beach ,au~soclation of Black Journalist. Member - Chamber of
Commerce of the P/~lrn Beaches, Chamber Glr Commerce o1' the Northern Palm
Beaches.
MICHAEL G. BRADY
EXECUTIVE VICE' PRESIDENT AND SECRETARY
Duties -:Corporate Secretary responsible for all legal filings, ceriiilcations,
Day to Day responsibilities include;
relations practionlerresponsible for all
public
feature
roposal
and
Washington D:C. directors.
Previous Experience - Vice-Chairman of Fresh Air IncorPorated (KFAI},
Comlnunity Relations Director and Cultural Affairs Coordinator for KFAI-FM,
Minneapolis. - Public Relations/Media Relations slalI', Corporate Photographer
and Computer Graphic Specialist for Norwest Corporation. Minneapolis,
Professional Freelance Photographer, Minneapolis and,South Florida. ' Executive
Producer of RFTV public interest program, West Palm Beach.
Education/Training- Graduate of MlnneapolisTectmical Institute (Ph° tography).
Attended Palm Beach Community College (Business Computer System Design a~ d
Programming), (Foreign Language studies).
Public Relations Society of America [PR~a.}, seminars on media relations, public
speaking and effective audio/visual presentations. International Association of
Business Communicators (IABC) seminars on effective listening, public speaking,
audio/visual presentations and focus group dynamics.
Clvic/8oeial ~tivtttes - Member - Board Marketplace Committee, Leadership
Palm l~each County Class oI 1996, Member - Executive Committee or the Board
o£ Directors and, Chali,~mn , Strategic Planning Committee, SunFest of Palm
Beach County,. Inc.. Member - palm Beach Association of Black Journalist.
Member - BQard of Directors and Member - State Public Affiars Committee..
American Heart Association Palm Beach Chapter, Member and Co-Chair -
Mayors ¥otith hi Action Committee (YAC). Member - Chamber o£Comm'erce of the
Paint Beaches. Chamber of Commerce of/he Northern Palm Beaches.
CLIENT LIST
' CITY OF RIVIERA BF-,ACH
* BUSINESS DEVELOPMENT BOARD OF PALM BEACH COUNTY
' BELLSOUTH
* AMERICAN TENNIS ASSOCIAT/ON
* J. DAVIS & ASSOCIATES
* CUNNINGHAM & SELF, ATTORNEYS AT LA%V
* UNITED WAY OF PALM BEACH COUNTY
* BOYS & GI~ CLUB OF PALM BEACH COUNTY
' POLO TRACE COUNTRY CLUB
' WEST PALM BEACH HOUSING AUTHORiTY
* WEST PALM BEACH MUNICIPAL AUDITORIUM
* HOSPICE OF PALM BEACH COUNTY
* MIAMI RIVER INN
* UNIVERSITY OF SOUTH CAROLINA
* COMMUNITY REDEVELOPMENT AGENCY - RIVIERA BEACH. FL
* HOFF1VIAN CHOCOLATES
* COMMUNrI'Y HEALTH PURCHASING ALLIANCE (CHPA)
* COLGATE-PALMOLIVE COMPANY
"PRUDENTIAl., REALTY' FLORIDA
* URI~AN LEAGUE OF PALM BEACH COUNTY ,
* FLANNAGAN/~ AISSOCIATES HF-,ALTY
PAGE 82
INTRODUCTION
L,B. Limited & Associates, Inc, Is a West Palm Beach based
corporation which was established in 1990. ate
of Florida, Palm Beach County and the City of West Palm , L,B,
Limited is a full service public relations firm offe~g professional
consulting, in-house graphic
production capabilities to services:
The principals, directors and associates of L,B, Lira/ted are :veterans
in their respective areas Of expertise with over 75 years of combined
experience in public relations, promotion and publicity, media and
community relations, corporate image development and technical
support sea-vices.
The outside corporate directors are:
Laurence..R,._OllEex.- Technical Support/Communications Specialist,
Manager of the Minneapolis area.
Gaxs'. Q~ L~..wia - Artistlc Director/Creative Specialist,
Manager of the New York/Palm Beach areas.
Bux~.on.~_v~ - Government Relations/Non-Profit Specialist, Manager
of tile Washington D.C. area.
DEVELOPMENT SERYlCES DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. 97-323
TO:
FROM:
DATE:
SUBJECT:
Jim Cherof
,City Attorney
Planning and Zoning Director
June 30, 1997
Visions 20/20 Planning Study - substitution of sub-consltant
Henry Iler of James Duncan and Associates, the lead consultant for the above contract, has
informed me that one of the sub-consultants (Carla Bryant) has dropped offthe consultant team
specified in the contract, and that he wants to bring on board Michael Brady in Ms. Bryant's
place. Please advise as to whether the contract needs amending and if so, does it require
Commission approval.
TJH:dim
Xe: Mike Pawelczyk, Assistant City Attorney
Milan Knor, Development Services Director
J:\SHKDATA\Planning\S HARED\WP\SPECPROJ~ViSION20\Substimnon of sub-consultant, doc
RESOLUTION NO. R97-
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING
AND DIRECTING THE MAYOR AND CITY CLERK TO
EXECUTE AN REE
PROFESSIONAL )F
BOYNTON
OF THE
AN
WHEREAS, the City of Boynton Beach has exeCuted an Agreement for
Professional Services with James Duncan and Associates on June 2, 1997; and
WHEREAS, the City of Boynton Beach has been advised by the firm of
James Duncan and Associates that Carla Bryant, President of Paradigm Shift, 'one
of the subcontractors listed in said Agreement, will not be able to undertake her
assigned tasks; and
WHEREAS, the City Commission, upon recommendation, of staff, has/-~
determined that it is in the best interests of the residents of the City to execute a~
addendum to said agreement for professional services, between the City of Boyntor
Beach and James Duncan and Associates, substitution of
subcontractor Carla Bryant, President of Paradigm Shift, irm of LB Limited
& Associates, Inc.,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CiTY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The City Commission of the City of Boynton Beach, Florida
does hereby authorize and direct the Mayor and City Clerk to execute an Addendum
to the Agreement for Professional Services between the City of Boynton Beach and
James Duncan & Associates providing for the substitution of subcontractor Carla
Bryant, President of Paradigm Shift, with the firm of LB Limited & Associates, Inc.,
said addendum being attached hereto as Exhibit "A".
Section2. This Resolution shall become effective immediately upor,,~
passage.
ADDENDUM NO. 1 TO AGREEMENT BETWEEN CITY OF BOYNTON BEACH AND
JAMES DUNCAN AND ASSOCIATES
THIS ADDENDUM, dated the day of July, 1997, is entered into between
the CITY OF BOYNTON BEACH, hereinafter referred to as " City ", and JAMES
DUNCAN AND ASSOCIATES, hereinafter referred to as "Consultant ", in consideration
of the mutual benefits, terms, and conditions hereinafter specified, and shall constitute
part of the Agreement for Professional Services between the City and Consultant,
dated June 2, 1997.
WHEREAS, the James Duncan and Associates wishes to substitute the firm of
L.B Limited & Associates, Inc., (Mr Mike Brady) in the place and stead of Carla Bryant,
President of Paradigm Shift, as one of the subcontractors on said Vision 20/20
Implementation Project;
THEREFORE, BOTH PARTIES AGREE AS FOLLOWS:
Section 1. That No. 4 of the Agreement for Professional Services between the
City of Boynton Beach and James Duncan and Associates, shall be amended to read
as follows -
4 Subcontractors. The Consultant will utilize the following
subcontractors in the completion of the Project: Urban Design Studio,
David Plummer and Associates, and L B Limited & Associates, Inc., and
M P. Fuller Environmental
Section 2 Each person signing this Addendum on behalf of either party
individually warrants that he or she has full legal power to execute this Addendum on
behalf of the party for whom he or she is signing, and to bind and obligate such party
with respect to all provisions contained in this Addendum.
IN WITNESS OF THE FOREGOING, the parties have set their hands and seals
this day of July, 1997
CITY OF „BOYNTON BEA J ' f S e NCAN AND ASSOCIATES
�� ��, ✓ 1i --
ayor P P - = ident
APPROVED As �Ms `,
- 1U�� 14-Y 1 G Lc/c.'
CITY ATTORNEY
\ ���1111t11I111/,,
o N
Attest o� . oqq �%
City/ Jerk (.3 20/
.,,19... _.•
STATE OF FLORIDA / /i�4joHNl1lN00
COUNTY OF PALM BEACH
BEFORE ME, an officer duly authorized by law to administer oaths and take
acknowledgments, personally appeared Gerald Taylor and acknowledged he/she
executed the foregoing Addendum for the use and purposes mentioned in it, and that
the instrument is his /her act and deed.
IN WITNESS OF THE FOREGOING, I have set my hand and official seal
at in the State and County aforesaid on thisl7tnday of July 1997.
NOTARY PUBLIC
..css s sss «« «accccccccc ««<cscw,scsvccccc
My Commission Expires: .;., Eve Eubanks
1 Notary Public, State of Florida
.1 Commission No. ), ' `• 0 ''" My Commission Exp 04/05/2 001
•
STATE OF FLORIDA wAweetearee lmmeer!!!uallllualuuae
COUNTY OF PALM BEACH
BEFORE ME, an officer duly authorized by law to administer oaths and take
acknowledgments, personally appeared , and acknowledged he /she
executed the foregoing Addendum for the use and purposes mentioned in it, and that
the instrument is his /her act and deed.
IN WITNESS OF THE FOREGOING, I have set my hand and official seal
at in the State and County aforesaid on this day of 1997.
NOTARY PUBLIC
My Commission Expires -
s ca \wp\agmts\James Duncan & Assoc Addendum
Ocean Ridge Addendum 2
Revised 2/6/97
AGREEMENT FOR PROFESSIONAL SERVICES
THIS AGREEMENT is made this day of , 1997, by
and between JAMES DUNCAN AND ASSOCIATES (hereinafter the
"Consultant "), and the CITY OF BOYNTON BEACH, FLORIDA
(hereinafter the "City ");
WHEREAS, the Consultant has been selected by the City to
prepare the Vision 20/20 Redevelopment Implementation Program
(hereinafter the "Project ") following an open public bid process
consistent with State law; and
WHEREAS, the Consultant and City, through negotiation, have
agreed upon a scope of services and fee for the Project;
WHEREAS, the City desires to engage the Consultant to perform
the services specified in the approved Scope of Services under the
terms of this agreement,
NOW, THEREFORE, in consideration of the mutual covenants and
conditions hereinafter provided, the Consultant and the City agree
as follows.
1. Professional Services. The Consultant shall furnish
services to the City in the performance of the Scope of Services
co :twined in Exhibit "A." The Work Product Deliverables listed in
Exhibit "B" will be submitted as part of the Project within the
timeframes indicated for each in the Project Schedule shown in
Exhibit "C.".
2. Period of Service. The Consultant shall begin the Project
promptly after receipt of a fully executed copy of this Agreement
from the City and will complete the Scope of Services according to
the Project Schedule shown in Exhibit "C. ". With respect to such
schedule, performance shall be timely under this Agreement.
However, the completion timeframes shall be extended for periods of
delay resulting from strikes, natural disasters, and similar
circumstances over which the Consultant has no control, if such
extensions are approved by the City. Notice -to- proceed with the
Scope of Services shall occur on the 6 working day following the
receipt by the Consultant of a fully executed copy of this
Agreement.
3. Compensation. For the completion of the Scope of Services
described in Exhibit "A ", the Consultant will be paid total
compensation by the City of $149,895 as specified in Exhibit "i."
-1-
The compensation shall be paid on a progress basis in the four weeks
increments specified in Exhibit "D "(Project Payment Schedule).
4. Subcontractors. The Consultant will utilize the following �.
subcontractors in the completion of the Project: Urban Design
Studio, David Plummer and Associates, and Carla Bryant An0' M. R1k % Mr"r "•
5. Invoices. Invoices will be submitted by the Consultant to
the City in four (4) week intervals specified in Exhibit "D."
Invoice approval by the City will be based on a combination of
Project progress as measured in terms work tasks completed and work
products delivered. Payment of each such invoice in the amount
specified in Exhibit "D" for the applicable work task shall be sent
to the Consultant within fifteen (15) working days of receipt of the
invoice by the City from the Consultant.
6. Termination.
a. The City reserves the right to terminate this Agreement at
any time by giving ten (10) days written notice to the Consultant.
In the event of termination by the City, the Consultant will be paid
as hereinafter provided, for all authorized services rendered to the
date of such termination. The amount payable to the Consultant in
the event of termination will be a pro rata amount of the
compensation shown for the applicable work tasks in Exhibit "A"
determined on the basis of the amount and value of the work
performed, prior to the Consultant's receipt of the notice of
termination.
b. In the event of the death of a member, partner or officer
of the Consultant, or any of its supervisory personnel assigned to
the Project, the surviving members of the Consultant hereby agree to
complete the work under the terms of this Agreement, if requested to
do so by the City. This section shall not be a bar to
renegotiations of this Agreement between surviving members of the
Consultant and the City, if the City so chooses.
7. Insurance. The Consultant shall maintain, through the
term of this Agreement, insurance coverage of a minimum of
$1,000,000 General Liability and $250,000 automobile liability
coverages. The City shall be named as an "additional insured" under
the General Liability and Automobile insurance policies of the
Consultant, and each policy shall include a provision prohibiting
the cancellation of said policy except upon thirty (30) days written
notice to the City. Certificates of coverage as required by this
section shall be delivered to the City within fifteen (15) days of
execution of this Agreement.
-2-
8. Non - discrimination. The Consultant pledges that he does
not, and will not during the term of this Agreement, discriminate
against any of his employees or applicants for employment because of
their race, color, religion, sex, or national origin, and to abide
by all Federal and State laws regarding non - discrimination. Any
violation of such provisions shall constitute a material breach of
this Agreement.
9. Expenses of Litigation. In the event litigation in any way
related to the Services performed hereunder is initiated against one
party to this Agreement against the other, the prevailing party
shall be reimbursed by the other party its reasonable attorneys'
fees and court costs (including without limitation all such fees and
costs incident to appeals), incurred in that action or proceeding in
addition to any other relief to which such party or parties may be
entitled.
10. Controlling Law. This Agreement is to be governed by the
laws of the State of Florida, and venue shall rest solely in Palm
Beach County, Florida.
11. Binding Effect. This Agreement shall bind, and the
benefits thereof shall inure to, the respective parties hereto,
their legal representatives, executors, administrators, successors
and assigns.
12. Amendments and Modification. No amendments and /or
modifications of this Agreement shall be valid unless in writing and
signed by each of the parties to the Agreement.
13. Merger; Amendment. This Agreement constitutes the entire
agreement between the Consultant and the City, and all negotiations
and oral understandings between the parties are merged herein. This
Agreement may be supplemented and /or amended only by a written
document executed by both the Consultant and the City.
14. Access and Audits. Consultant shall maintain adequate
records to justify all charges, expenses and costs incurred in
performing the work outlined in this Agreement for at least two (2)
years after completion of this Agreement.
15. Nonassignability. Neither party shall assign any rights
or delegate any duties arising under this Agreement without prior
written consent of the other party.
16. Severability. Any provision in this Agreement that is
prohibited or unenforceable under Florida or federal law shall be
ineffective to the extent of such prohibitions or unenforceability,
-3-
without invalidating the remaining provisions hereof. Also, the
non - enforcement of any provision by either party to this Agreement
shall not constitute a waiver of that provision nor shall it effect
the enforceability of that provision or the remainder of this
Agreement.
17. Ownership and Use of Documents. All documents, drawings,
specifications, and other materials produced by the Consultant 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, except for proprietary software licensed to or
by the Consultant. The Consultant shall be permitted to retain
copies, including reproducible copies, of all documents, drawings,
specifications, and other materials for information, reference and
use in connection with the Consultant's endeavor's during and after
the Project.
18. Compliance With Laws. Consultant shall, in performing
the services contemplated by this 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.
19. Indemnification. Consultant shall indemnify, defend and
hold harmless the City, its offices, agents and employees, from and
against any and all claims, losses or liability, or any portion
thereof, including attorneys fees and costs, arising from injury or
death to persons, the employees, or damage to property occasioned by
a negligent act, omission or failure of the Consultant.
20. Independent Contractor. The Consultant and the City agree
that the Consultant 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 Consultant nor
employee of Consultant 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
contributing to the state industrial insurance program, or otherwise
assuming the duties of an employer with respect to Consultant, or
any employee of Consultant.
21. Covenant Against Contingent Fees. The Consultant warrants
that he has not employed or retained any company or person, other
than a bonafide employee working solely for the Consultant, to
-4-
solicit or secure this contract, and that he has not paid or agreed
to pay any company or person, other than a bonafide employee working
solely for the Consultant, 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.
22. Non - Waiver. Waiver by the City of any provision of the
Agreement or any time limitation provided for in this Agreement
shall not constitute a waiver of any other provision.
23. Notices. Notices to the City of Boynton Beach shall
be sent to the following address:
City of Boynton Beach
P.O. Box 310
Boynton Beach, Florida 33425 -0310
Attn: City Manager
Notices to Consultant shall be sent to the following address:
James Duncan and Associates
15267 75 Avenue North
Palm Beach Gardens, Florida 33418
Attn: Henry B. Iler
-5-
IN WITNESS WHEREOF, the Consultant and the City have caused
this instrument to be signed by their respective duly authorized
officers and their respective corporate seals to be hereto affixed,
all on the day and year first above written.
JAMES D AND ASSOCIATES
By: d 1111
J� es B. Duncan
- rincipal
STATE OF
COUNTY OF
Before me personally appeared 1 '4./ known to me
�
to be the person who executed the •regoing instrument, and
acknowledged to and before me that he /she executed said instrument
for the purposes therein expressed.
WITNESS my hand and official seal, this day of , 1997.
' I N tart' Public
.
» LINDA S. CANNON
NOTARY PUBLIC
1 State of Texas L itl b I s • CifitWolli
Comm. E 09-12 -2000 Print or Type Name of Notary
My Commission Expires: 2006
CITY OF BOYNTON BEACH, FLORIDA
By: � �.13t
Gerald Taylor
Mayor
1rac 4rvgcb te
Attest: IGG
CA FY A
•
AP
if C .
4 %RLO�
EXHIBIT A
Scope of Services
Project Tasks v * ours - Cost.
Task 1- Background Research /Public Involvement:
1.1: Review prior and current planning /urban design 72 $ 5,511
documents and data (to be provided by city staff).
Conduct initial field surveys, exclusive of traffic counts.
1.2: Meeting with select city staff to discuss area planning 18 1,380
history, policy assumptions and project strategies.
1.3: Identify study area stakeholders, i.e., merchants association, 24 1,860
neighborhood associations, special interest groups, major
property owners, etc. Meet with key stakeholders and City
Commissioners to initiate public participation and prepare for
public workshop.
1.4: Prepare computer -based graphic inventory of base 136 10,308
information for the Primary Target Areas (see endnote) using
available data and field observations. Base information shall
include, but not be limited to, existing land use patterns
(including vacant buildings), public /private property
ownership, planned /proposed developments, non - residential
building occupants by categories, planned /proposed public
improvements, ultimate right -of -way requirements, historic
buildings, landmarks, environmentally-significant resources,
Future Land Use Map designations, zoning districts,
established neighborhoods and districts, overhead utilities,
public and quasi - public facilities, predominant architectural
styles, street system, sidewalks /bikepaths, and bus
routes /stops.
1.5: Conduct historical research to assist in formulating community 12 900
identity, i.e., "Gateway to the Gulfstream," historical
icons /images, etc.
1.6: Evaluate urban design character, including existing streetscapes, 20 1,500
public places, parks and open space, focal points and vistas
1.7: Initiate project newsletter and publish 3 times during project. 18 1,440
1
1.8: Public workshop to receive input from commission, 26 $ 2,240
planning board, technical advisory committee, merchants
and residents on project direction. * **
1.9: Determine specific project goals and objectives for land use, 16 1,330
development, economic growth, urban design, infrastructure,
transportation, circulation, and other areas. Identify an
appropriate, unifying theme for the Vision 20/20
redevelopment program.
Task 2 - CRA Boundary Expansion:
2.1: Data collection and field surveys of potential expansion 36 2,700
areas.
2.2: Determination of expansion feasibility from local CRA 10 750
perspective and consistency with State criteria.
2.3: Preparation of "Declaration of Blight" report for viable 31 2,325
expansion areas.
2.4: Update CRA base maps by adding expansion areas. 15 1,125
Task 3 - Neighborhood Strategies:
3.1: Collect historical and current housing and neighborhood 6 450
information.
3.2: Conduct field surveys of two (2) neighborhood target 26 1,980
areas ( *see end -note) to identify housing conditions and
mix.
3.3: Conduct two (2) public neighborhood meetings and a 26 2,040
field "walk- through."
3.4: Gather information on local and regional housing markets 16 1,200
3.5: Meet with local real estate brokers, affordable housing 16 1,290
developers and community -based organizations.
3.6: Examine travel linkages in two (2) neighborhoods and identify 22 1,912
potential areas for traffic calming devices.
3.7: Prepare an analysis of housing and neighborhood needs 32 2,400
in the Residential Target Areas.
2
I Prooet Tasks - . •••••• :•
urs Cost
3.8: Develop citywide housing strategy to encourage greater 26 $ 1,950
balance of housing types.
3.9: Prepare Strategic Revitalization Plan for Residential Target 44 3,300
Areas to encourage mixed use infill and rehabilitation of
neighborhoods
3.10: Review and offer input on design concepts for neighborhood 4 300
entry signs developed by city staff.
Task 4 - Commercial Areas Research and Input:
4.1: Gather additional data for U.S.1 and Boynton Beach Blvd. 20 1,500
corrdors. Prepare necessary photo /video documentation.
4.2: Conduct informal onsite Saturday symposium for 35 2,965
city officials, merchants and residents to discuss market
potentials and economic development strategies for U.S. 1 and
Boynton Beach Blvd. areas. This task will include
walking tours with participants to identify obstacles and
opportunities for redevelopment.
4.3: Economic analysis of non - residential uses attracted to the 28 2,100
redevelopment area.
4.4: Investigate traffic patterns within the downtown core and 74 6,472
propose enhanced linkages, bike /pedestrian travel and
traffic calming measures.
4.5: Identify areas where unifying theme will be visually 36 2,580
incorporated into redevelopment components and marketing.
4.6: Community workshop to present results of tasks 24 2,060
and solicit input.
Task 5 - Commercial Area Design Plan:
5.1: Prepare Overall Design Plan for all Primary Target Areas(* *see 250 18,750
endnote) to address business and residential character. Plan
will include public improvements, streetscaping and facade
treatments, landmark opportunities, and unifying design
concepts.
3
:Project Tasks . , ' .. .... • ` , ,. •
5.2: Prepare urban design criteria for Primary Target Areas. 72 $ 5,400
Design criteria will include streetscape, building placement,
architectural character, landscaping and signage.
5.3: Develop urban design criteria for City cultural center and 37 2,775
amphitheater area that may include outdoor cafes, small shops
and restaurants, parks and plazas.
5.4: Designate specific areas in downtown to create pedestrian 18 1,350
friendly environment where mixed use and infill
development will be encouraged.
5.5: Prepare conceptual area plan for the Marina District along the 61 4,575
Intracoastal. Uses to be considered may include
boat slips, retail and office spaces, restaurants and
housing.
5.6: Public workshop to present results to -date. 28 2,360
5.7: Develop parking strategy for CRA. 32 2,689
5.8: Prepare community gateway concept and "way finding" 70 5,250
graphics system
5.9: Conduct a public workshop to present results and receive 28 2,360
input.
Task 6 - Implementation Program:
6.1: Identify implementation agent such as community -based 8 630
organizations, etc.
6.2: Evaluate City regulations for economic inhibitors and 20 1,500
develop specific language changes to correct.
6.3: Evaluate City LDRs and other regulations for traffic 12 1,030
calming devices.
6.4: Recommend specific Future Land Use Map amendments 30 2,250
to help implement Redevelopment Plan.
6.5: Examine LDRs to identify modifications needed to 36 2,700
encourage development in Primary and Neighborhood
Target Areas, as well as support CPTED strategies.
Prepare specific text amendments.
4
1 Prefect Task • :. ,
6.6: Identify economic and compliance incentives by City to assist 22 $ 1,650
in implementation.
6.7: Prepare detailed implementation program complete with 44 3,433
specific action tasks, responsible agencies, viable funding
sources, and timeframes. Designate overall coordination
authority.
6.8: Develop financing plan for implementation. 26 1,950
6.9: Prepare draft Final Report summarizing significant project 91 7,285
findings and recommendations for public workshop purposes.
6.10: Conduct public workshop with City Commission and 22 1,910
Technical Advisory Committee (TAC) to review draft Final
Report and receive direction.
6.11: Prepare three color renderings of key corridor scenes as 75 5,625
proposed in redevelopment plan for public presentation
and marketing purposes.
6.12: Develop a promotional and marketing strategy for 24 1,890
redevelopment program implementation.
6.13: Prepare Final Report based on commission, TAC and other 35 2,755
public input and tasks completed since previous workshop.
6.14: Conduct public workshop with City Commission and 22 1,910
Technical Advisory Committee (TAC) to review and approve
Final Report. Seek commission approval of Final Report.
Total Project Hours /Cost 1,932 $149,895
Table Notes:
* Residential Target Areas: 1.) Boynton Beach Blvd. South to City limits and I -95 east to
Intracoastal; and 2.) C -16 Canal north to City limits and I -95 east to Intracoastal.
** Primary Target Areas: 1.) MLK Blvd. from Seacrest east; 2.) U.S. 1 from north to south City
limits; 3.) Boynton Beach Blvd. From U.S. 1 to I -95; 4.) Ocean Av. From Marina to Seacrest; 5.)
Golf Road (23` between U.S. 1 and Seacrest; 6.) Railroad property east of FEC tracks from
Boynton Beach Blvd. And Ocean Av.
* ** Scope assumes city staff will provide following project support: historical and current planning
information, review of project work products, administrative support for public meetings
(includes commission /board member notification, public /newspaper notices, meeting space
and summary minutes), and document reproduction for staff /commission review, public
meetings and public distribution.
5
EXHIBIT B
Work Product Deliverables
1.) Task 1.4: Computer -Based Set -Up Maps Documenting Inventory and Analysis
2.) Task 1.7: Project Newsletters (3)
3.) Task 1.9: Statement of Project Goals and Objectives
4.) Task 2.3: CRA Declaration of Blight Report
5.) Task 3.6: Neighborhood Travel Linkages and Traffic Calming Recommendations
6.) Task 3.8: Citywide Housing Strategy
7.) Task 3.9: Strategic Revitalization Plan for Residential Target Areas
8.) Task 4.1: Photographic Inventory of U.S. 1/Boynton Beach Blvd. Development Factors
9.) Task 4.4: Recommendations for Enhanced Downtown Traffic Flows and Linkages
10.) Task 5.1: Overall Design Plan for Primary Target Areas
11.) Task 5.2: Urban Design Criteria for Primary Target Areas
12.) Task 5.3: Urban Design Criteria for Cultural Center /Amphitheater Area
13.) Task 5.4: Specific Plan for Downtown Mixed Use and Infill Development
14.) Task 5.5: Conceptual Area Plan for Marina District
15.) Task 5.7: CRA Parking Strategy
16.) Task 5.8: Community Gateway and "Way Finding" System
17.) Task 6.7: Detailed Implementation Program
18.) Task 6.12: Promotional and Marketing Strategy
19.) Task 6.13: Final Project Report
Note: One copy of all work products will be submitted as a draft for comment. Once
appropriate comments are incorporated, a final document will be provided to the City.
One (1) original and two (2) copies of all final documents will be submitted. Digital
copies of final work products will also be provided if desired. City staff will be
responsible for reproduction of work products for staff/commission review, public
meetings/hearings, and public distribution.
EXHIBIT C
Project Schedule
, ti . v M14 \+444 }M .. Y : • 4 on iedul
T. • rot Task*. ,:_y,. }.v,. • < .:...:<:.: v f : ':: v "; °' <:: • let
Fjie:
, • • +cc. ' .• Vii ::s:•• `,.$tio; :4. ti - . 4 :.eu,Y.`:i,�.:.:. ^;- :,.,',.y..: `.;,": *. �'•
•
Task 1- Background Research /Public Involvement:
1.1: Review prior and current planning /urban design and traffic Week 2
documents and data (to be provided by city staff).
Conduct initial field surveys, exclusive of traffic counts.
1.2 Meeting with select city staff to discuss area planning 2
history, policy assumptions and project strategies.
1.3: Identify study area stakeholders, i.e., merchants association, 4
neighborhood associations, special interest groups, major
property owners, etc. Meet with key stakeholders and City
Commissioners to initiate public participation and prepare for
public workshop.
1.4: Prepare computer -based graphic inventory of base 12
information for the Primary Target Areas using available data
and field observations.
1.5: Conduct historical research to assist in formulating community 6
identity, i.e., "Gateway to the Gulfstream," historical
icons /images, etc.
1.6: Evaluate urban design character, including existing streetscapes, 8
public places, parks and open space, focal points and vistas
1.7: Initiate project newsletter and publish 3 times during project. (weeks 6, 24 and 42)
1.8: Public workshop to receive input from commission, 12
planning board, technical advisory committee, merchants
and residents on project direction.
1.9: Determine specific project goals and directions for land use, 10
development, economic growth, urban design, infrastructure,
transportation, circulation, and other areas. Identify an
appropriate, unifying theme for the Vision 20/20
redevelopment program.
;, ..y • : .•.oY?< , '.<;jsa' ; :; <:• '. +t4 t' ;R;. r,'yt,,; •
Project Tas 1 e v .
Task 2 - CRA Boundary Expansion:
2.1: Data collection and field surveys of potential expansion Week 8
areas.
2.2: Determination of expansion feasibility from local CRA 12
perspective and consistency with State criteria.
2.3: Preparation of "Declaration of Blight" report for viable 20
expansion areas.
2.4: Update CRA base maps by adding expansion areas. 24
Task 3 - Neighborhood Strategies:
3.1: Collect historical and current housing and neighborhood 6
information.
3.2: Conduct field surveys of two (2) neighborhood target 8
areas to identify housing conditions and mix.
3.3: Conduct two (2) public neighborhood meetings and a 10
field "walk-through."
3.4: Gather information on local and regional housing markets 14
3.5: Meet with local real estate brokers, affordable housing 12
developers and community -based organizations.
3.6: Examine travel linkages in two (2) neighborhoods and identify 16
potential areas for traffic calming devices.
3.7: Prepare an analysis of housing and neighborhood needs 20
in the Residential Target Areas.
3.8: Develop citywide housing strategy to encourage greater 32
balance of housing types.
3.9: Prepare Strategic Revitalization Plan for Residential Target 24
Areas to encourage mixed use infill and rehabilitation of
neighborhoods
3.10: Review and offer input on design concepts for neighborhood (when needed)
entry signs developed by city staff.
2
Project Tasks _:t:: > ;: ;.: +; •; ;.:: ` ~ • �: ��.eti �edle
• r; '• .•:. � :t i s + :• { :.f: ; ';.:: : tl.::�w :�'iSt:xL r . :.:••,•:. +•; :'+t: •�ta:�k.;:�
3n
Task 4 - Commercial Areas Research and Input:
4.1: Gather additional data for U.S.1 and Boynton Beach Blvd. Week 16
corrdors. Prepare necessary photo /video documentation.
4.2: Conduct informal onsite Saturday symposium for 20
city officials, merchants and residents to discuss market
potentials and economic development strategies for U.S. 1 and
Boynton Beach Blvd. areas. This task will include
walking tours with participants to identify obstacles and
opportunities for redevelopment.
4.3: Economic analysis of non - residential uses attracted to the 16
redevelopment area.
4.4: Investigate traffic patterns within the downtown core and 24
propose enhanced linkages, bike /pedestrian travel and
traffic calming measures.
4.5: Identify areas where unifying theme will be visually 26
incorporated into redevelopment components and marketing.
4.6: Community workshop to present results of tasks 28
and solicit input.
Task 5 - Commercial Area Design Plan:
5.1: Prepare Overall Design Plan for all Primary Target Areas to 32
address business and residential character. Plan will include
public improvements, streetscaping and facade treatments,
landmark opportunities, and unifying design concepts.
5.2: Prepare urban design criteria for Primary Target Areas. 28
Design criteria will include streetscape, building placement,
architectural character, landscaping and signage.
5.3: Develop urban design criteria for City cultural center and 28
amphitheater area that may include outdoor cafes, small shops
and restaurants, parks and plazas.
5.4: Designate specific areas in downtown to create pedestrian 30
friendly environment where mixed use and infill
development will be encouraged.
3
• - `r. : • :. o "! :i % : • ` . #fx :..,:9::. •.: l ip- . ?r .:,.;;'.':;,,,.: i ;� * }., ' .:+5 `• .+rt. - .
• �. :. %v i ::' • '• : . • ' t : • :• +` •s.. vii r • � f i ;�a .,� i yfl Cf,r� •a;{:,,, • `�• �• f . , h r ,• : • :' v �: '•• •�:'
iet ":,Rt , •'i•� ti •
M: .t # ? : . . x 37r } •o'' ``:.ofi{ /R `• :�'•,;: ; fC„..$•{ t'Y¢ . • � ` s • 4 * •:
'� 4 • r x r • :% R Sa : : ^; • % : �`':fR S•,•', :.; • ..Y•�` ''v'•.. ti :� • ' y k :. ^•rt+•. { .tt•:: • :i:','•
• .,,.. :•: -., :..yt..,,.:..:.`.- s:: x�} tix• t.:?.:' hY:t• 'i ;:••:.rk 3 ?{: . -, - ,- ,r•:::, ..:
. • ;.:..,. •. • t ... � :: t •, • fit' • •... •:`>.•N:`' < %' t � �'
.. �t " -'�'' .. � �..i 3 •��c��i- 4� /i� vurrwr.utYrcviu� ..:. .. �_a•� ?•��
5.5: Prepare conceptual area plan for the Marina District along the Week 12
Intracoastal. Uses to be considered may include
boat slips, retail and office spaces, restaurants and
housing.
5.6: Public workshop to present results to -date. 34
5.7: Develop parking strategy for CRA. 16
5.8: Prepare community gateway concept and "way finding" 36
graphics system
5.9: Conduct a public workshop to present results and receive 38
input.
Task 6 - Implementation Program:
6.1: Identify implementation agent such as community -based 12
organizations, etc.
6.2: Evaluate City regulations for economic inhibitors and 26
develop specific language changes to correct.
6.3: Evaluate City LDRs and other regulations for traffic 28
calming devices.
6.4: Recommend specific Future Land Use Map amendments 34
to help implement Redevelopment Plan.
6.5: Examine LDRs to identify modifications needed to 36
encourage development in Primary and Neighborhood
Target Areas, as well as support CPTED strategies.
Prepare specific text amendments.
6.6: Identify economic and compliance incentives by City to assist 38
in implementation.
6.7: Prepare detailed implementation program complete with 38
specific action tasks, responsible agencies, viable funding
sources, and timeframes. Designate overall coordination
authority.
6.8: Develop financing plan for implementation. 40
4
• ;,r,; ar • +.r.:• r, .. : ,. f+ .;.,,. :. ;. yr,'r ?fi .4 rr. rtv n• `� ,y +�,,.
� T'a� , + {,.r.•;:it ::; :,.r :: .'oi'•r :t :i: :: ,::,rr n;2:.> .. l�slil?n �Gdu13
:t� � i aVt x' 2•'r .r,L, :! +r.{':l +' iii'IO li�Y�'IG't},.•3i}r n{t... it {n '� +• vS ' • • �•�:�
' i • rk v :• {: { +tr$tr„ }r \ri
�:• •
6.9: Prepare draft Final Report summarizing significant project Week 42
findings and recommendations for public workshop purposes.
6.10: Conduct public workshop with City Commission and 44
Technical Advisory Committee (TAC) to review draft Final
Report and receive direction.
6.11: Prepare three color renderings of key corridor scenes as 46
proposed in redevelopment plan for public presentation
and marketing purposes.
6.12: Develop a promotional and marketing strategy for 46
redevelopment program implementation.
6.13: Prepare Final Report based on commission, TAC and other 46
public input and tasks completed since previous workshop.
6.14: Conduct public workshop with City Commission and 48
Technical Advisory Committee (TAC) to review and approve
Final Report. Seek commission approval of Final Report.
Total Project Time 48 weeks
* NTP: Notice -to- Proceed.
5
EXHIBIT D
Project Payment Schedule
Payment # } Week increment Amount in $$
1 0-4 8,751
2 5 -8 8,010
3 9 -12 23,163
4 13 -16 9,401
5 17 -20 7,690
6 21 -24 11,377
7 25 -28 15,345
8 29 -32 22,350
9 33 -36 12,560
10 37-40 9,393
11 41-44 9,675
12 44-48 12,180
Total 48 weeks $149,895
• N
jamesdiir s s
15267 75 Avenue North 1 Palm Beach Gardens, FL 33418
v: 561 5752751 1 f: 561 747 9320 I e -m: jdaplan @aol.com
August 7, 1997
Ms. Sue Kruse
City Clerk
City of Boynton Beach
P.O. Box 310
Boynton Beach, FL 33425 -0310
Dear Ms. Kruse:
Enclosed is a fully- executed original of the addendum to our 20/20 project contract with the City.
Please call me if you have any questions concerning this matter.
Very Truly Yours,
JAME DUNCAN •� ASSOCIATES
Henry B. I1 r, AICP
Project Manager
,I :C AVED -
; 11 ra7 —
, , ,NT4N
' r